Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: aligator on April 09, 2024, 03:40:34 pm

Title: Re: Havering PCN Parked on Footpath
Post by: C_H_R_I_S on November 30, 2024, 01:56:09 pm
Was there a resolution to this?>
Title: Re: Havering PCN Parked on Footpath
Post by: cp8759 on April 14, 2024, 05:15:51 pm
@aligator well the CEO's photos do not prove any contravention, as there is no evidence of any sign stating "in marked bays":

(https://i.imgur.com/aYtLZXx.jpeg)

(https://i.imgur.com/mBumc7H.jpeg)

(https://i.imgur.com/B94JkR2.jpeg)

(https://i.imgur.com/5HBUF8Q.jpeg)

Of course this should not be raised at this stage as we don't want to alert the council as to the evidential deficiencies in its case. For now a simple representation will do:

Dear London Borough of Havering,

I contend that on this occasion no contravention occurred, if you seek to pursue this penalty charge notice please would you provide a copy of the footway parking resolution duly made under section 15(4) of the Greater London Council (General Powers) Act 1974. Without sight of the resolution, I have no way of knowing whether I was actually in contravention or not.

Yours faithfully,

Make the representation online and get a screenshot of the confirmation screen, in the meantime I'll use other means to get a copy of the resolution (assuming it even exists).
Title: Re: Havering PCN Parked on Footpath
Post by: John U.K. on April 09, 2024, 05:51:47 pm
Finally found one:
https://maps.app.goo.gl/TvtAS1oVdEag9hC47

The reason for needing to see the Traffic Management Order / council resolution is that the Council have to pass a resolution disapplying the London-wide ban on footway parking in a particular road. Sometimes they neglect to specify in the resolution 'In marked Bays' meaning the ban is disapplied for the whole road.
Title: Re: Havering PCN Parked on Footpath
Post by: aligator on April 09, 2024, 05:34:17 pm
Sings are correct on both sides of the road in both directions.
Title: Re: Havering PCN Parked on Footpath
Post by: John U.K. on April 09, 2024, 05:06:36 pm
I could not see a sign on GSV. You need the approriate Traffic Management Order. Someone here may have access to it.
Title: Re: Havering PCN Parked on Footpath
Post by: aligator on April 09, 2024, 04:25:59 pm
https://maps.app.goo.gl/hoJWL15vdANMHram8

(https://i.imgur.com/x9aT1DR.jpeg)

(https://i.imgur.com/2QkZi3l.jpeg)

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Title: Re: Havering PCN Parked on Footpath
Post by: John U.K. on April 09, 2024, 04:10:53 pm
For meaningful advice please have a read of
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/
and post here both sides of the unredacted PCN and a GSV link to the location.

Please also post a picture of the sign permitting footway parking in marked bays.
Title: Havering PCN Parked on Footpath
Post by: aligator on April 09, 2024, 03:40:34 pm
Hey, I have received completely silly PCN in front of my own house ( I know ). I was in process of cleaning my driveway and moved the car in front of my house not realized that I have missed white lines. Is there any way I can challenge this or bite a bullet ? 

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