Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: WhoLetTheScamsOut on March 26, 2024, 09:55:44 am

Title: Re: Warton road code 62 newham council
Post by: WhoLetTheScamsOut on April 01, 2024, 11:47:41 pm
Of course! Youre advise helped me get a few tfl  code 46 pcns cancelled in the past back on pepipoo. Surprisingly none of them required tribunal 😂
Title: Re: Warton road code 62 newham council
Post by: cp8759 on April 01, 2024, 06:31:14 pm
Please don't be discouraged by the almost inevitable fob-off rejection, chances are we'll have to take this to the tribunal to get it overturned.
Title: Re: Warton road code 62 newham council
Post by: WhoLetTheScamsOut on April 01, 2024, 06:18:10 pm
Thanks will do, appreciate it 🙌
Title: Re: Warton road code 62 newham council
Post by: cp8759 on April 01, 2024, 05:00:30 pm
Draft reps:

Dear London Borough of Newham,

I challenge liability for PCN PN38189702 on the ground that the alleged contravention did not occur. My vehicle was parked in what is quite clearly a loading bay, as explained in paragraph 13.6.3 of chapter 3 of the Traffic Signs Manual:

"13.6.3.  As an alternative to the white road marking, contrasting bays may be used (see Appendix B for Northern Ireland). The area available for parking is indicated by either block paving or coloured road surface, varied in pattern or colour. The bays must stand out from the surrounding parts of the road and any adjoining bays, so that drivers are clear about where to park and which restrictions, if any, apply."

The variation in the road surface clearly conveys that there is a bay at this location, although the double yellow lines indicate it may be used for loading and unloading only.

At the material time I was engaged in commercial unloading for Deliveroo, I refer you to the "Gourmet Sushi" delivery shwon in the attached screenshot.

It follows that the alleged contravention did not occur and the PCN must be cancelled.

Yours faithfully,

Make sure to  keep a screenshot of the confirmation page.
Title: Re: Warton road code 62 newham council
Post by: WhoLetTheScamsOut on April 01, 2024, 03:09:51 pm
The delivery named “Gourmet Sushi” is the delivery in question. As you can see completed time of 14:00 with the date at top “Sun 24 March” and second image is the start time and end time of the delivery.

https://ibb.co/n8WJrpN
https://ibb.co/0QV2jHK

[attachment deleted by admin]
Title: Re: Warton road code 62 newham council
Post by: cp8759 on April 01, 2024, 02:34:13 pm
It was a food delivery on deliveroo. I was dropping off to 180 stratford high st which is the tall building on the left corner of the mainroad from Warton Road. The only proof I can get is the date and time (start/finish) of that delivery but not the actual info for the delivery itself
That's fine can you post a screenshot of that? As long as we can establish you were working for deliveroo at the time that should suffice, the exact address of the delivery is unlikely to be something the council could take issue with.
Title: Re: Warton road code 62 newham council
Post by: WhoLetTheScamsOut on April 01, 2024, 02:18:19 pm
It was a food delivery on deliveroo. I was dropping off to 180 stratford high st which is the tall building on the left corner of the mainroad from Warton Road. The only proof I can get is the date and time (start/finish) of that delivery but not the actual info for the delivery itself
Title: Re: Warton road code 62 newham council
Post by: cp8759 on March 31, 2024, 09:41:21 pm
@WhoLetTheScamsOut chapter 3 of the traffic signs manual (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/782724/traffic-signs-manual-chapter-03.pdf) says at paragraph 13.6.3 that:

13.6.3.  As an alternative to the white road marking, contrasting bays may be used (see Appendix B for Northern Ireland). The area available for parking is indicated by either block paving or coloured road surface, varied in pattern or colour. The bays must stand out from the surrounding parts of the road and any adjoining bays, so that drivers are clear about where to park and which restrictions, if any, apply.

It seems to me that this area looks misleadingly like an area where vehicles are permitted to park for the purpose of loading and unloading, which is indeed permitted on double yellow lines.

What sort of deliveries were you doing?
Title: Re: Warton road code 62 newham council
Post by: WhoLetTheScamsOut on March 26, 2024, 11:44:46 pm
Ive kinda been using as a unofficial loading bay when im out doing deliveries around there. Guess i got lucky all them years. Guess ill stick to the discount.
Title: Re: Warton road code 62 newham council
Post by: Incandescent on March 26, 2024, 04:34:07 pm
And here is a view from 2017 showing all the bins out for collection
https://maps.app.goo.gl/byhDapp8RUbR27D17
Title: Re: Warton road code 62 newham council
Post by: H C Andersen on March 26, 2024, 04:19:11 pm
What a site!

A lowered footway to facilitate movement of refuse bins from the areas at the rear of the footway, areas whose uses now seem redundant. OP, you've posted the current GSV so I suggest you scroll back through the years to see how this has developed.

It's interesting but doesn't give you a defence, in fact the CEO could have issued the PCN for parking where waiting restrictions apply i.e. the 24/7 DYL.

In short, you cannot park either on the road or the footway at this location.

If you thought it was an oasis of free parking in the midst of a sea of waiting restrictions then you should revisit the Highway Code Traffic Signs booklet. In any event, other than asking them to exercise discretion I don't see what making reps would achieve other than delay having to pay.
Title: Re: Warton road code 62 newham council
Post by: Incandescent on March 26, 2024, 12:06:40 pm
An obvious trap for the motorist that must be a nice little earner for Newham.  However you do need to be much more alert if you're going to park in London. The double-yellow lines and the absence of a bay sign are big warnings, or should be. In any big city, but especially London, with its PCN penalties double the rest of the UK, if it looks to good to be true, then it IS to good to be true.
I'm not sure what to suggest, because I can't see any obvious appeal argument, so wait until more London-knowledgeable folk have contributed. However don't miss any deadlines on the PCN !
Title: Warton road code 62 newham council
Post by: WhoLetTheScamsOut on March 26, 2024, 09:55:44 am
Got a pcn from the lovely folks at newham for code 62 parked with one or more wheels on footpath. Location is warton road, as soon as you turn in from high st after the traffic light/steps into tesco.

PCN: PN38189702
Reg: AF06YVS
Date: 24/03/2024

I have included the pcn and ceo’s photo in the dropbox link.

https://www.dropbox.com/scl/fo/os8k2rq5jdnx3wevicl3w/h?rlkey=ko8inzpyruiyzsa54d78knkie&dl=0

Link to gsv: https://maps.app.goo.gl/rzwkvWwaV7zZy1Pc8?g_st=ic