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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: cetico on July 06, 2023, 10:41:06 am

Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cp8759 on August 02, 2023, 01:43:19 pm
Cetico appears to have lost interest, but for future reference here are:

1) The Greenwich (Free Parking Places, Loading Bays and Waiting, Loading and Stopping Restrictions) Order 2018 (https://drive.google.com/file/d/1GKpKbZXFuwrYvVZ-Z4W7884Y2W4HImK3/view?usp=sharing)
2) Map legend (https://drive.google.com/file/d/1oNAF9hiYkCx7qsDEFQNhM0yR1krXw6fB/view?usp=drive_link)
3) Tile map BA18 (https://drive.google.com/file/d/1ovgCfVzuaDQL5UfhBb70edxwMgsYARog/view?usp=sharing).
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cp8759 on July 07, 2023, 04:28:43 pm
Could you please let me know what you need these photos for
To see if you have a case to answer for starters. Also, to check if the traffic order matches what's on the road.

People sometimes forget but in the first instance you don't have to prove anything, it's up to the council to prove a contravention and if they don't do that, you don't really need anything to appeal, you can just put them to proof.
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: John U.K. on July 07, 2023, 03:48:11 pm
Quote
I thought we were not supposed to post the PCN number or the registration number?!
[/i]

see
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/
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cetico on July 07, 2023, 02:53:38 pm
I thought we were not supposed to post the PCN number or the registration number?!

Could you please let me know what you need these photos for

Thanks
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cp8759 on July 06, 2023, 11:02:18 pm
You have until 30 July to make representations so there's no immediate rush.

Please give us the PCN number and the number plate so that we can have a look at the council photos.

The point about the size of the CPZ is not generally accepted, but there's a new argument about CPZs that has come up about whether the CPZ is legally defined in the traffic order, if it isn't then the signage is not authorised to being with (whether it's adequate or not).
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cetico on July 06, 2023, 09:57:41 pm
I have finally found the pdf with the operarional guidance (via scribd).

To the best of my recollection I entered via A200.

Here is the NtO as requested

[attachment deleted by admin]
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cp8759 on July 06, 2023, 09:16:16 pm
I'll request the traffic order now, in the meantime please can you post up the NTO?

Did you actually enter the CPZ via the A200?
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cetico on July 06, 2023, 12:42:31 pm
I was parked here

https://goo.gl/maps/vsFwtxHujty28Bit9

I can't post the PCN as it was not on my windscreen as explained on my original post
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cp8759 on July 06, 2023, 11:48:39 am
In the meantime I'll get hold of the traffic order.
I've just realised I can't do that, as I have no idea where you were parked. As above, you need to post the PCN otherwise we can't do even the most basic of checks.
Title: Re: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cp8759 on July 06, 2023, 11:41:32 am
Well let's start with the basics, did actually enter the CPZ on the A200?

Also please post a link to the location on google street view, rather than a screenshot, as we need to have a look around.

In the meantime I'll get hold of the traffic order.

Also please post up the actual PCN, see 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/) on how to post images if you've run out of upload space.
Title: Greenwich, code 01 parked on a restricted street, College Approach, yellow line (Sunday)
Post by: cetico on July 06, 2023, 10:41:06 am
hello

I got a ticket Code 01 "Parked in a restricted street during prescribed hours" on the 28th May (Sunday). On the day, unfortunately when I returned to the car the PCN was not there so I only became aware of it via the Notice to Owner posted 4 weeks after the incident.

I incorrectly assumed that it would be legal to park on a single yellow line as it was a Sunday. There was no sign regarding the yellow line where I parked. After having received the NtO, I discovered that there is a huge area in Greenwich which is a Controlled Parking Zone (CPZ), which includes the street I was parked on.

I plan to appeal based on the 2 points listed below, and if the appeal is not successful, at least I have the opportunity to pay it with a discount (£65 instead of £130), which I did not have given the missing PCN as explained on the first paragraph.

a) Insufficient/inapporpriate signage - when entering the CPZ from the A200 (Creek Rd), the speed limit is 30mph. Even if you are driving at 20mph there is not enough time to see the sign rules. In addition to that, the sign is adjacent to a bus lane, so in case a bus is passing by, the view is completely obstructed at that point - see 2 photos attached;

b) Size of the CPZ: from another appeal in a similar situation in Greenwich (link copied below), I found that there is an operational guidance document (I cannot find the original document by the way), in which the Secretary of State's view is that "motorists cannot reasonably be expected to read, understand and remember parking restrictions at the entrance of a CPZ that covers an area of more than a dozen streets". The CPZ area in Greenwich probaly includes more than 60 roads (the Greenwich council website no longer lists all the roads/streets, but the attached photo shows the area, which is huge)

http://forums.pepipoo.com/lofiversion/index.php/t66334.html

Appreciate your thoughts and any help in advance.

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