Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: EliteBoy8 on July 01, 2023, 04:29:09 pm

Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on August 29, 2023, 07:03:13 pm
Hi apologises forget to update you here!

I received an email from the council that the point (which you raised) was valid and they got rid of the penalty. But that response you received is absolutely absurd, I am so so happy that I decided to reach out and seek some help, otherwise my mum was going to pay because she had no idea.

Thank you so much for all your help, you’re a legend for sure! ❤️😁
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: cp8759 on August 29, 2023, 06:33:19 pm
@EliteBoy8 any news on this?

I have today got this ridiculous reply from the council:

(https://i.imgur.com/NU6SSe5.png)

I struggle to see how an order that amends an order which doesn't exist can be effective.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: guest179 on August 02, 2023, 10:20:04 pm
Can we bet back to what the sign and posted order state.

The order creates the context, however it is only traffic signs in the roads themselves which provide the detail i.e. extent and times of operation.

So what does the sign state?

No waiting from Mon.26 June to Friday 30 June, 8pm to 5am

RUTLAND ROAD
(Both sides from No.1- junction with Katherine Road).

Which is totally unclear.

1. No.1 and 'junction with Katherine Road' are not the same location, they're 120 feet from each other.
2. Is it intended that the restriction goes the full length of Rutland(we've got the 'from' but not 'to') and if so why the hell not just say 'Total length from Katherine Road to Shrewsbury...or is it, Rutland extends beyond Shrewsbury!

IMO, their photos are inconclusive as regards No.1, and if they want to claim the restriction actually started at the junction with Katherine then they'd be foolish to take this further.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: cp8759 on August 02, 2023, 09:51:02 pm
The Newham website doesn't show you the status unfortunately. All you can do is wait for the post, or maybe phone the council every couple of weeks to ask if they've sent the NTO. Once it's been sent, they might be able to email you a PDF copy.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on August 02, 2023, 01:17:42 pm
Quote from: John U.K. on July 31, 2023, 03:40:35 pm
You have a copy of their receipt from 3rd July?

Have you checked the status/timeline for the PCN on their website?

Councils can be tardy about replying, but IF you get a NtO, post it here at once.

Hi there, apologies for the late reply.

Yep, I have the receipt, I took a screenshot and have the reference number.

Where would I check the status of the PCN? On the Newham page I just see three options: 1) Pay 2) Challenge 3) View the photos

Sure, I will!
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: John U.K. on July 31, 2023, 03:40:35 pm
You have a copy of their receipt from 3rd July?

Have you checked the status/timeline for the PCN on their website?

Councils can be tardy about replying, but IF you get a NtO, post it here at once.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 31, 2023, 02:45:12 pm
Hi! I filled out the 'Informal Challenge Form' on the council page on the 3rd July but they still haven't said anything to me. And when submitting, it said they will write to me to let me know that I do not have to pay (if successful) or they would give me another 14 days to pay (if unsuccessful). But I haven't heard anything?
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: cp8759 on July 31, 2023, 02:41:06 pm
Here's the FOI response:

(https://i.imgur.com/03FMbnO.png)

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

(https://i.imgur.com/kXqe4NI.png)

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

Looks like another of these blanket orders that @mrmustard has an argument for, the actual order is the LB Newham, Highways Maintenance Scheme No.1, E6, E7, E12, E13 E15, E16 & E20 (Temporary Prohibition of Traffic) Order 2023 (https://drive.google.com/uc?id=1Mom8vjbCxtOw1WBOpeFmI4Ve5iE8zM_M).
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 03, 2023, 08:14:30 pm
I've done as you instructed, thank you!

That was a really good point you made! Genius  :)
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: cp8759 on July 03, 2023, 07:54:45 pm
Well it will take some time to get the details I've requested back from the council, but send this on Monday 10 July (not before) to buy time:

Dear London Borough of Newham,

I contest liability for PCN PN36080473 on the basis that the alleged contravention did not occur. The photos taken by the civil enforcement officer show the car and the sign, but not where the sign is in relation to the car (or vice versa). In the circumstances, it is not apparent that there is any case to answer, as the sign could have been anywhere and there is no evidence that the signage as a whole was adequate.

Yours faithfully,

Of course the council will reject, but they will also re-offer the discount (in the hope that you'll give up and pay). We should have the details of the traffic order come back long before the extended discount expires.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 03, 2023, 11:26:53 am
Oh I haven't paid yet, but the pictures of my vehicle can be viewed by going to: https://parking.newham.gov.uk/pages/OnlineReferenceEntry.aspx?loadtype=NOTICEREVIEW

And my PCN is: PN36080473


And the back of PCN photo is attached.

[attachment deleted by admin]
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: John U.K. on July 03, 2023, 11:22:06 am
Quote
So I guess there is nothing that can be done now

Whoa! Not so fast.

Let CP explore every avenue. Meanwhile, we haven't seen the back of the PCN nor the Council photo(s).

Please post them up.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 03, 2023, 11:03:05 am
Quote from: cp8759 on July 02, 2023, 08:15:29 pm
I have requested a copy of the Temporary Traffic Regulation Order and the other paperwork they need to support a restriction of this type.

In the meantime please email suspension.dispensation@newham.gov.uk and cc anthony.Polston@newham.gov.uk asking for a copy of the enforcement photos.

Your deadline to make representations and preserve the discount is midnight on 10 July, so it's not mega-urgent but don't lose track of the date. If you don't hear back from the council by Friday next week, let us know and I'll draft an informal representation for you.

Hi there, I got a response, they have uploaded the photos now. The photos shows that half of our vehicle was parked in line with 1 Rutland and half is a bit head of it. So I guess there is nothing that can be done now, I really do appreciate your efforts!
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 03, 2023, 10:27:31 am
Hi there!

I have sent the email over to the council, thanks for all the support; appreciate it a lot!
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: cp8759 on July 02, 2023, 08:15:29 pm
I have requested a copy of the Temporary Traffic Regulation Order and the other paperwork they need to support a restriction of this type.

In the meantime please email suspension.dispensation@newham.gov.uk and cc anthony.Polston@newham.gov.uk asking for a copy of the enforcement photos.

Your deadline to make representations and preserve the discount is midnight on 10 July, so it's not mega-urgent but don't lose track of the date. If you don't hear back from the council by Friday next week, let us know and I'll draft an informal representation for you.
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 02, 2023, 03:40:23 pm
Link to Notice (photo): https://ibb.co/n7fn2pH

Link to PCN (photo): https://ibb.co/6nSSYzT
Title: Re: Newham, code 01a parked in restricted street, Rutland Road
Post by: cp8759 on July 02, 2023, 12:48:37 pm
Quote from: EliteBoy8 on July 01, 2023, 04:29:09 pm
There is an order on my street that says that both sides of street from 1 Rutland Road to the end of the street should be empty due to some works happening and this runs from 8pm - 5am, but yesterday when my mum parked, she & I made sure that we were behind 1 Rutland Road.
Can you please take a photo of this order and post it on here? We often find these orders to be invalid / not properly made so that's the first thing we'll want to investigate.

Also as the photos are not online and it's been several days now, I would contact the council and ask for a copy.
Title: Newham, code 01a parked in restricted street, Rutland Road
Post by: EliteBoy8 on July 01, 2023, 04:29:09 pm
Hi everyone,

This is my first post so apologies if it is not in the correct format, I’ve followed the guide as much as possible, also I am writing this on behalf of my mum. Essentially, this morning when we were leaving I saw a penalty charge notice on our car and was very confused. The notice is due to the contravention, 01a, and mentions temporary traffic order. There is an order on my street that says that both sides of street from 1 Rutland Road to the end of the street should be empty due to some works happening and this runs from 8pm - 5am, but yesterday when my mum parked, she & I made sure that we were behind 1 Rutland Road. Yet, the fine was issued at 04:27, and when entering the PCN number on Newham council website I can’t see any photos; it just tells me to pay. My mistake here was that I should’ve taken photos of our vehicle, both at night and in the morning when we saw the notice but because we were in a rush, we just picked up the notice and drove off. Could anything be done about this? Would greatly appreciate any help & advice, we’ve not appealed before so are unfamiliar with the process?

PCN: PN36080473. VRM: T9JWC.

Street view Link: https://maps.app.goo.gl/Cngtt4YNdW29hzvT8?g_st=ic

[attachment deleted by admin]