Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Iaali2 on June 30, 2023, 05:00:03 pm
-
Thanks.. In that case, I think its probably just best to pay.
-
Can't see any obvious argument with the traffic order, the relevant entry at item 698(a)(v) of the The Newham (Waiting and Loading Restriction) (Amendment No. 69) Order 2015 (https://drive.google.com/uc?id=1JsfizSpu3q8allewPNe0vEOc0uiQ1K85) on page 15.
That being said, if you challenge the PCN again at the Notice to Owner stage within 14 days of the date of issue of the NTO, the council will almost invariably reoffer the discount, so there's limited risk in carrying on.
-
Remaining rejection letter pics.
[attachment deleted by admin]
-
For later reference if the council rejects:
The Newham (Waiting and Loading Restriction) (Amendment No. 69) Order 2015 (https://drive.google.com/uc?id=1JsfizSpu3q8allewPNe0vEOc0uiQ1K85)
The Newham (Forest Gate North) (Parking Places) (No. 1) Order 2016 (https://drive.google.com/uc?id=1l0YUCxkYQnIiYeECa3rRgqOedzIMB5Rb)
The council has rejected.. please see attached.
[attachment deleted by admin]
-
For later reference if the council rejects:
The Newham (Waiting and Loading Restriction) (Amendment No. 69) Order 2015 (https://drive.google.com/uc?id=1JsfizSpu3q8allewPNe0vEOc0uiQ1K85)
The Newham (Forest Gate North) (Parking Places) (No. 1) Order 2016 (https://drive.google.com/uc?id=1l0YUCxkYQnIiYeECa3rRgqOedzIMB5Rb)
-
Yes, a very nicely written plea for discretion. Hopefully they will accept that their own residents are not just a resource for exploitation.
-
Thank you.. I'll set a reminder for the 12th July
-
Yes that looks spot on.
Sending that via the council website on 13 July will see the discount re-offered and maximise the amount of extra time we get, so try and send it on that day (but it's better to be a day early than a day late).
-
Any views on the below?
I am writing to you in regard to a PCN (PN3610552A) received on the 30th June 2023. I am requesting that you use discretion to cancel this ticket based on the following circumstances. I am a resident living of Sebert Road where the ticket was issued. I parked my vehicle at the location on the 29th June in the evening. The bay which is for 2 vehicles was occupied by a non-resident who had parked there vehicle in a way that left my rear tyres overhanging the bay. Having my young child with me, and there being no other place to park, I parked as close to the vehicle in front as possible, with the intention to move once I had settled my child to bed. Having got him to bed, it completely passed my mind that the vehicle needed to be moved. It was only in the afternoon as I was about to head out for work on the following day that I noticed the PCN had been issued.
As a Newham resident who pays for the permit to park on the street, I am requesting some discretion is used in regard to the above ticket.
-
Start by writing a draft and put it on here for review.
-
No, haven't had any PCNs cancelled by Newham before. It was silly, was meant to move the car but completely forgot.
Would you suggest putting in the appeal to highlight what happened in regard to being a permit holder??
-
The TMO is The Newham (Waiting and Loading Restriction) Order 2011 (https://bit.ly/3NFbTcp) but the relevant part of Schedule 1 (https://bit.ly/46BBQ5C) does not show this restriction, which makes sense as Google Street View suggests these yellow lines were added at some point between 2014 and 2015.
I will therefore request the amending order from the council.
In the meantime, your best bet is to make a plea for discretion. Have you had any penalties from Newham before, and have any of them been cancelled?
-
Frankly, with one third of your car over the double-yellow line, overturning this PCN is going to be near to impossible, in my view, unless the DYLs themselves dont match the Traffic Order defining them.
I cannot see the council giving way, so you'd have to take them to London Tribunals with the full PCN penalty in play. AnNd if you do, I can't see a win. However, see what the others say, but don't miss any deadlines
.
-
The photos have now been added :-[
I have attached them
[attachment deleted by admin]
-
Thank you, that has been done. Fingers crossed there aren't any :)
-
The photos aren't online and they should be by now.
Please email suspension.dispensation@newham.gov.uk and cc anthony.Polston@newham.gov.uk asking for a copy of the CEO's photos.
-
I think I have managed to attach it now
[attachment deleted by admin]
-
You need to change the sharing settings to your google drive to public.
If you want to post an image directly on here, as the guidance says, you need to upload to imgur.com and then use the "add image" button, I even included a screenshot of the button you need to use.
-
I read and followed the guidance, and also attempted to attach using the attachments options link.. and it doesn't allow me to do so... really frustrating. Hoping the below works
https://drive.google.com/file/d/15tTE0QCCnfiXjAy0qu8uFTjXlnLJ--sl/view?usp=drive_link
https://goo.gl/maps/LgpuWwe8T5cAdGz86
-
Read the guidance here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Then following those instructions, please post up the PCN and a link to the location on google street view.
-
As I returned home, I attempted to park within the Permit Holders Only Bay, however due to an inconsiderate driver who left over a metre in front of himself, I found my rear wheels over the double yellow. As there was no other parking, I intended to move my car later (but forgot). I found a PCN attached to my windscreen today.
Is there any grounds to appeal this, or should i just cut my losses and pay the fine.