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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Hnaz on January 10, 2024, 10:13:41 pm

Title: No.2 NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed - Dirleton Road
Post by: Hnaz on January 10, 2024, 10:13:41 pm
-- Now the 2nd PCN PN36921737 for this I had actually put a sign saying broken down as I was having troubles with my car and as the signs were blacked out left it parked there but still got a ticket.

(https://i.imgur.com/g7gfGVl.png)

(https://i.imgur.com/EYXzC1y.png)

(https://i.imgur.com/W09L1lI.png)

(https://i.imgur.com/R55QCSN.png)

(https://i.imgur.com/r6mrZTb.png)

(https://i.imgur.com/IHWW3KK.png)


And this was their reply :

**
Thank you for your correspondence received on 16 October 2023 regarding the above penalty charge notice (PCN). Your comments and the notes of the Civil Enforcement Officer (CEO) have been considered.
Your vehicle was observed at 11:13 Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge in Dirleton Road.
You have stated that your vehicle was broken down and there was no sign where you had parked.
I note your comments, however, you have been issued with three warning notices.
The warning notices will have informed you that you should not be parking in the space if the signs are vandalised or missing.
The notice will have warned that the signs are being replaced and a PCN may be issued without further notice and even before the signs are replaced.
If a vehicle is left parked in breach of the restrictions, it is liable to receive a PCN.
The CEO observed the vehicle parked without a valid permit therefore the vehicle was parked illegally. No exempt activity was seen and the PCN was subsequently issued.
It is the responsibility of the driver to be aware of the restrictions and ensure their vehicle is legally parked.
Please also be advised that you will have passed signs on entry into the zone which will have shown that you are entering into a controlled parking zone.
If you are a resident you should obtain a resident permit. If you are a visitor, you can speak to the person you are visiting who should be able to activate a visitor permit. More information on permits can be found online: https://www.newham.gov.uk/parking-permits
There is also the option to pay to park using the pay by phone service (where applicable.)
The onus is on the driver to ensure their vehicle is legally parked.
In regards to the vehicle being broken down – you have not provided any evidence to substantiate your claim.
You can view evidence of this contravention online at www.newham.gov.uk/parking-permits/parking-enforcement-fines/4 by clicking ‘View and Challenge your PCN here’, then ‘View a PCN’. You will be required to enter the PCN number and the vehicle registration number.
In conclusion, having taken all aspects of this matter into consideration, no justification for cancelling the penalty charge notice has been found.
**

I have received the below NTO :

(https://i.imgur.com/oJUji3a.png)

(https://i.imgur.com/ATIh5q1.jpg)



Your help on how to reply would be much appreciated as I need to reply in a few days time.