Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SMPL on February 15, 2024, 02:40:42 pm

Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: cp8759 on March 14, 2024, 12:11:29 am
Looking at The GLA Roads (No.3) Designation Order 2008 (https://drive.google.com/file/d/1dmzc0AJXf0tw_JL5aRpLNt5nO-dbq-St/view), entry 14 on page 30 says:

A107 (CLAPTON COMMON), both sides from its junction with Stamford Hill to its junction with Upper Clapton Road

So, how is that bit of Clapton Common not a GLA road? I say it is.

Paragraph 2(5) of Schedule 8 to the Traffic Management Act 2004 says:

(5)References in this Part of this Act to the enforcement authority in relation to such contraventions in Greater London are—
(a)as respects parking, or any matter connected with or relating to parking, on or adjacent to a GLA road, to Transport for London;

(b)as respects parking, or any matter connected with or relating to parking, on or adjacent to a road other than a GLA road, to the London local authority in whose area the road is situated.

Ergo Hackney is not the enforcement authority for this road so the PCN is ultra-vires and invalid.

@SMPL I see you've paid the PCN but you have my contact details, next time maybe drop me an email first.
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: H C Andersen on February 23, 2024, 03:07:02 pm
It does help, doesn't it  :)
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: Incandescent on February 23, 2024, 01:29:26 pm
Agree, now that the OP has shown us the PCN !
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: H C Andersen on February 23, 2024, 01:23:56 pm
With respect, the Red Lines are a red herring. The contravention is parking, not stopping, as it would be if red lines were involved, and the enforcement authority would be TfL, not Hackney.

This is about the driver parking on DYL when not exempt from the restriction because a clock has to be displayed correctly to qualify for the exemption. 
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: SMPL on February 23, 2024, 12:20:28 pm
PCN attached
https://drive.google.com/file/d/1ORZVmCfgk3Uys8rLhQnxuitkPIdorGKL/view?usp=sharing
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: Incandescent on February 21, 2024, 06:08:19 pm
Quote
If you look close, the tyre isn't on the red lines.
It doesn't have to be, it is the car that counts, and part of your car is over the double-red lines. However, until we see the actual PCN, giving proper advice is impossible.
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: SMPL on February 21, 2024, 04:25:07 pm
Hi
I uploaded the PCN in my first message, uploading it again here.

If you look close, the tyre isn't on the red lines.

Kind regards

[attachment deleted by admin]
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: Incandescent on February 20, 2024, 11:23:08 pm
You don't seem to have posted the PCN.  It is essential we see all sides of it.

HOwever, I think I see the issue. the rear of your car is over the double-red lines, and not totally over the double-yellows.
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: SMPL on February 20, 2024, 04:50:31 pm
Hi
I don't know why the links didn't work. I am uploading the images again.
I did not post this PCN anywhere else besides in this thread.

Your further advice is highly appreciated.

Kind regards

[attachment deleted by admin]
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: Incandescent on February 19, 2024, 09:56:28 pm
Nothing seems to display with any of your Hackney links. 

PS: I'm sure I've seen this thread before somewhere; have you got one running on Pepipoo ?
Title: Re: Hackney / 01 / Parked in a restriction street....
Post by: SMPL on February 19, 2024, 04:35:26 pm
Hi
Any advice?
Title: Hackney / 01 / Parked in a restriction street....
Post by: SMPL on February 15, 2024, 02:40:42 pm
Hi
I was parked on a double yellow line, displaying a disabled badge.
However, I forgot to update the clock.
Anyway to appeal this ticket?

Kind regards

Ticket and Pics attached.

https://maps.app.goo.gl/sBNconc1XN69RS1G9 (Parked on the right, where the Hyundai being seen).

https://parkingdisputes.hackney.gov.uk/pcnonline/liberatorImageProxyRaw.php?noderef=workspace%3A%2F%2FSpacesStore%2F84fb3fd3-a4ae-4bfb-b176-eb733147f427&mimetype=image%2Fjpeg&thumb=false

https://parkingdisputes.hackney.gov.uk/pcnonline/liberatorImageProxyRaw.php?noderef=workspace%3A%2F%2FSpacesStore%2F4d1c0e45-97d5-4796-b008-5f21fd354ae6&mimetype=image%2Fjpeg&thumb=false

https://parkingdisputes.hackney.gov.uk/pcnonline/liberatorImageProxyRaw.php?noderef=workspace%3A%2F%2FSpacesStore%2Fcd2a5c4a-6394-46ad-b34b-fccc356f283a&mimetype=image%2Fjpeg&thumb=false

[attachment deleted by admin]