Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: tobesb on July 06, 2023, 07:49:57 pm
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Outcome (https://drive.google.com/uc?id=1T5LOPCsVvlcS8FQY6HNlKqsJ9FzXCrhb).
That will do nicely.
The outcome was expected but not the reason.
So Merton not only tried to enforce due to another contravention but then mucked up the "true copy" of the NOR?
Ya really cannot make some council antics up.
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Outcome (https://drive.google.com/uc?id=1T5LOPCsVvlcS8FQY6HNlKqsJ9FzXCrhb).
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For future reference:
The Merton (Waiting and Loading Restriction) (CPZ SW) Order 2007 (https://drive.google.com/file/d/1W8pBaKcG7L_TxJN-4c5MvHxGodyHJxZn/view?usp=sharing)
The Merton (Waiting and Loading Restriction) (Amendment No. 457) Order 2018 (http://The Merton (Waiting and Loading Restriction) (Amendment No. 457) Order 2018)
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I'll send you a PM (https://www.ftla.uk/index.php?action=pm).
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Dear cp8759,
here's the GSV:
https://goo.gl/maps/Xfh4JJjNxUGnThaV8
I would love to be represented but don't know what that entails sorry. I know I can have the London Tribunals in person or have a postal decision. I have 10 days left to make an appeal.
Yours sincerely,
Toby
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Apologies. What does GSV stand for?
Google street view.
Needless to say, the PCN was issued for code 27 so they can't now change the contravention to something else.
I'm happy to represent you at the tribunal if you'd like.
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Apologies. What does GSV stand for?
Kind regards, Toby
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GSV pl.
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Hi all at ftla,
thank you for carrying on the super helpful work! Really generous and kind of you.
So, the PCN was awarded for Parking Contravention code 27: parked in a special enforcement area adjacent to a verged lowered.
The PCN was appealled as the driver was given permission by the owner of the drop kerb (me) to park in front of it.
1st appeal I stated this and it was rejected.
2nd appeal I stated it again and gave two previous times that their PCNs had been cancelled for appealling for the same reason (the driver had permission of the dropped kerb owner).
Merton Council replied with a Notice of Rejection for the following reason (in short: parked on a double yellow):
The dropped kerb is for the purpose of a vehicle obtaining access to their driveway. At this location there are double yellow lines adjacent to the dropped kerb and these restrictions apply at any time. As your vehicle was observed parked on the double yellow lines it was parked in contravention. Vehicles can only park adjacent to a dropped footway with the permission of the property owner/resident during its non- controlled times. Unfortunately, on this occasion the property owner/resident would not be permitted to grant permission for a vehicle to park adjacent to the dropped kerb due to the double yellow line restrictions being in force at any time.
So Merton want to uphold this PCN but in my opinion, for a different contravention code.
Now the wheels are not parked on the double yellow but the bonnet is over hanging onto a double yellow. I've read here: https://www.justanswer.com/uk-traffic-law/6...nes-wheels.html that
"The law only requires one inch of your car to overhang into the yellow line area."
I'm now appealing to the London Tribunal service on the matter and want to know what's the best grounds to appeal on. I'm thinking:
- The contravention code initially stated was not broken and that's the only thing that matters
- The wheels aren't on the double yellow
- Say both
Thank you for your advice in this matter.
Toby
(https://i.ibb.co/18tcdJM/GetImage.jpg) (https://ibb.co/KFpnLzD)
(https://i.ibb.co/cTSn7B9/Get-Image1.jpg) (https://ibb.co/9Yk5CD0)
(https://i.ibb.co/KNZ3ntK/p1.png) (https://ibb.co/VHyP6Fw)
(https://i.ibb.co/1ZQrBg6/p2.png) (https://ibb.co/XXL76Q8)