Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: anjumvahora@yahoo.co.uk on July 21, 2024, 01:09:30 pm
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I chose the contravention didn’t occur
Gave below reason
Self-evidently GSV shows that the council treated this area as being carriageway as recently as 2 years ago. Whether an area is deemed to be carriageway or footway is a matter of law, not surface treatment. The authority must therefore prove by way of council decisions that the legal status of this area has been changed and that it is now footway and not carriageway.
Uploaded pics
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Please show what you wrote.
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Kicking myself that I didn’t wait for your response BUT I did mention the GSV point as my reason
Hope that this is sufficient
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Add GSV from 2 years ago and say that if your assertion as regards the status of this part of the road is incorrect and the council have changed its status from what was self-evidently carriageway, then the authority must provide proof(and not merely assert) to this effect e.g. decision of the Traffic Authority etc.
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Dear Council
I challenge PCN as follows:
1. Contravention did not occur: The place I was parked is in my view carriageway.
2. Procedural Impropriety:
Furthermore, the PCN itself contains a procedural error that invalidates it. Schedule 2 paragraph 2 states
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,
However, the PCN I received states that payment is due within 28 days from the date of service, not the date of the alleged contravention. This discrepancy constitutes a procedural impropriety that renders the PCN invalid.
In light of the above, please cancel the PCN
Registered Keeper
Address
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Is this my grounds for appeal above?
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Self-evidently GSV shows that the council treated this area as being carriageway as recently as 2 years ago. Whether an area is deemed to be carriageway or footway is a matter of law, not surface treatment. The authority must therefore prove by way of council decisions that the legal status of this area has been changed and that it is now footway and not carriageway.
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I'll draft something later. Photos are on the website link.
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Hello
I won’t be able to get updated pictures and mindful that I’m hitting the 14 day 50% payment option by the end of this week.
Do I have grounds to appeal?
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I’ll try and pass by tomorrow and take some photos
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DYL do not matter as pavement parking is prohibited in London by statutory regulation so no signs are needed but as you say it does not look like you may be anywhere else other than the carriageway.
Can you get some up to date photos of the location?
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Received a PCN
Link to PCN and Photos here:
https://drive.google.com/drive/folders/10MXTSvGmgW2TW5ByuKhbmaY53XMwh0aI
Received on Davies Lane E11 in Waltham Forest on 14th July (out of date Google Street View) here: https://maps.app.goo.gl/EFY86QQRA77haann9?g_st=ic
Appealing that this was not a pavement as there was no
- indicators it was a pavement
- no signs to say no parking
- no double yellow lines