3. Redbridge - Parked in permit space without displaying a permit
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Redbridge - Parked in permit space without displaying a permit
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The driver of the vehicle parked on the street and also registered the parking using the ringo app for the location which was displayed a few meters infront of the car.  However it seems the driver made a mistake as the actual restrictions sign was many meters towards the back which was different.  The PCN was appealed based on the ticket which was paid for.  However when the PCN was appealed it was denied.  Is this worth contesting at the NTK stage on any other grounds?  The pictures from the parking attendent are below.  Also in the next post is the appeal which was denied.  I would appreciate any advice here on next steps.  The driver is not the keeper and the car is not leased.

Parking Ticket



Evidence uploaded on the council website







Here is the appeal that was submitted

Appeal


Ticket bought



Parking Location



Sign Picture



Here is the council response to the appeal




Google Maps
https://goo.gl/maps/uJBrxoTARNUcaDiq9
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #1 on: »
Having followed this on Pepipoo, I think the concensus of opinion is that the driver got it wrong. YOur photos show substantial trees nearby, but the pay-to-park bay doesn't. This GSV view is the decider in my opinion
https://goo.gl/maps/w2o945csiessrnAe7
Your driver would have passed this to get to the ticket machine.

Best pay the discount, IMHO.
« Last Edit: September 10, 2023, 07:38:42 pm by cp8759 »
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #2 on: »
There is a wording error on the PCN which arises out of a legislative change in 2022. The PCN should say you have to pay it within 28 days of the alleged contravention date but it says date of service. That is a procedural impropriety in my view which means an adjudicator must cancel the PCN if they agree.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Redbridge - Parked in permit space without displaying a permit
« Reply #3 on: »
The car appears to be parked in the business permit holders' section, and I wonder whether this is a case of a driver relying on the ringgo app without bothering to check the signs.

For completeness here's the traffic order and the map tile.

There is a possible way out of this if we can show a failure to consider but you'll have to wait for the notice to owner.

Also do you own the car, or is it leased or hired?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Redbridge - Parked in permit space without displaying a permit
« Reply #4 on: »
Quote from: mrmustard on September 09, 2023, 08:52:26 am
There is a wording error on the PCN which arises out of a legislative change in 2022. The PCN should say you have to pay it within 28 days of the alleged contravention date but it says date of service. That is a procedural impropriety in my view which means an adjudicator must cancel the PCN if they agree.
This sounds very promising.
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #5 on: »
Quote from: cp8759 on September 10, 2023, 07:46:45 pm
Also do you own the car, or is it leased or hired?
Can you please answer this?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Redbridge - Parked in permit space without displaying a permit
« Reply #6 on: »
Quote from: cp8759 on September 11, 2023, 12:23:51 am
Quote from: cp8759 on September 10, 2023, 07:46:45 pm
Also do you own the car, or is it leased or hired?
Can you please answer this?
Own the car (not leased or hired)
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #7 on: »
Any other thoughts on this please ?
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #8 on: »
Not sure you need any more thoughts. My one argument may suffice. Happy to do the challenges for you. Email mrmustard@zoho.com
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Redbridge - Parked in permit space without displaying a permit
« Reply #9 on: »
Many thanks.  So the next step is to wait for the Notice to keeper and then appeal ?
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #10 on: »
Yes, but it is representations to Redbridge and then an Appeal to the tribunal if rejected
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Redbridge - Parked in permit space without displaying a permit
« Reply #11 on: »
OP, there appears to be a procedural error which could win.

Your argument regarding the location of the vehicle won't, so I'd drop it, it's a distraction. The plan you posted with 'car parked here' is wrong. Look at your plan, you can see the internal dividing lines which divide the parking place into individual parking spaces. Now look at photos of the car in situ. There aren't any such markings either front or back and that's because the car is parked well to the rear of where you've indicated, in a permit area which does not have separate parking space markings.
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #12 on: »
@flash2004 I strongly recommend you take up @mrmustard's offer.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Redbridge - Parked in permit space without displaying a permit
« Reply #13 on: »
Quote from: cp8759 on September 17, 2023, 06:54:35 pm
@flash2004 I strongly recommend you take up @mrmustard's offer.
Many thanks, I have written to MrMustard today.
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Re: Redbridge - Parked in permit space without displaying a permit
« Reply #14 on: »
I started an Appeal at London Tribunals on 2 October 23 and it was Do Not Contested by the council yesterday.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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