Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: hqulatein on November 02, 2024, 11:37:24 am
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I think the temp order just creates a no waiting or no loading restriction that has the usual exemptions. As said an 02 no loading code would have prevented use of a BB and is what the CEO should have issued but didn't.
I would register the appeal and ask for a personal/telephone hearing.
I'd say grounds for appeal are:
- no signage disallowing the parking sign at your parking place
- exemption to the alleged contravention of no waiting owing to display of blue badge.
Doesn't need any more I think.
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The alleged contravention is 01a parking in a restricted area (temporary traffic order). I’m guessing thats different to 01.
Isn’t the advance warning a No waiting, which means you can only be there for a short time but can’t park there as such?
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You displayed a Blue Badge
What ???
The alleged contravention is 01 Parked in a restricted street....
Display of a Blue Badge is a statutory exemption to this contravention.
Wait for others, but it strikes me that you've been beating the wrong path up the garden.
The advance sign refers to no loading, but if the CEO didn't give the correct grounds(02 waiting or loading where waiting and loading restrictions etc.) then it's game over for the council.
Wait for others.
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thanks for your response. Yes I was parked lawfully in accordance to the sign that was there. I had a disabled badge displayed at the time and was carrying my disabled son with me.
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OP, do not confuse matters by repeated references to a TTRO. IMO, this has nothing to do with a TTRO as such as regards your actions and their legitimacy.
And put facts in their order. In this way your argument becomes obvious.
On Friday 8 August I parked o/s no. 10 Caulfield Road in the marked parking place which extends from no.2 to no. 10.
Within this parking place is situated a single traffic sign o/s no. 2.
I consulted this sign - which was the only sign carried on the post- and noted the following shared use restriction:
Parking
Mon-Sat
8.30am - 6pm
Permit holders only
or
Pay by phone
At this point I'm stuck because I don't know whether you were parked lawfully according to the restriction and therefore how to deal with this point. Although this shouldn't be material as regards the cited contravention, it's better to keep on the right side of the adjudicator.
So, pl give us details i.e. I am a permit holder, I paid for the period ** to ** or *****.
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They did reoffer the discount - I take it you want to take it to adjudication.
You can just book the appeal and upload evidence later.
Newham may not contest it.
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Do I not appeal against the councils decision with the London Tribunals in writing first?
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This looks hopeless for Newham.
When is the tribunal and have you requested a personal or telephone hearing as that's important.
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Hello everyone, (first post, tried to follow all the guidelines)
So I was parked on Caulfield Road at the time of said contravention, and on that day the road which is a one-way road was being used as a two-way road due to the other end being closed. There was a Temporary Restriction placed on the left hand side of the road. However, not all permanent signs on the lamp posts where covered or replaced with TTRO. More specifically the area in which I parked, where there was a tree and a lamp post and no temporary signs were placed on them.
My informal and formal appeals have both been rejected by the council (I know I should have come here first, but i JUST came across this website). In both appeals I stated that the traffic signs in the affected bays were not covered or removed as required, leading to potential confusion. The visible regular signage suggested that no additional restrictions were in place. Also, there were no TTRO signs placed on posts, trees, or walls adjacent to the area where you parked, making it impossible for me to be aware of any temporary restrictions.
PCN:
(https://i.ibb.co/JCLLpjd/Screenshot-2024-11-02-at-12-14-10.png) (https://ibb.co/HXvvPT2)
TTRO:
(https://i.ibb.co/hsTrQ0p/Whats-App-Image-2024-08-14-at-10-54-10-2.jpg) (https://ibb.co/K68B4nC)
Bay area where I parked where there were no signs (my car is the silver one in-front):
(https://i.ibb.co/RCJ1s0r/Whats-App-Image-2024-08-14-at-10-54-10.jpg) (https://ibb.co/0fzk6M4)
Lamp post with no TTRO:
(https://i.ibb.co/ph1GzsS/Whats-App-Image-2024-08-14-at-10-54-10-4.jpg) (https://ibb.co/wcd3Wbf)
Video: https://vimeo.com/1025673058?share=copy
Street-View Link: https://maps.app.goo.gl/eshMBFcobfv1SCtD6
Informal Rejection (Page 1):
(https://i.ibb.co/5GspSKR/Screenshot-2024-11-02-at-14-35-01.jpg) (https://ibb.co/6rD9TXW)
Informal Rejection (Page 2):
(https://i.ibb.co/tB2pwQP/Screenshot-2024-11-02-at-14-35-06.png) (https://ibb.co/dBp4sjJ)
Formal Rejection Letter (Page 1):
(https://i.ibb.co/DGsTBCr/IMG-3081.jpg) (https://ibb.co/n3ZtXcP)
Formal Rejection Letter (Page 2):
(https://i.ibb.co/VgtLSs8/IMG-3082.jpg) (https://ibb.co/n7bwcFS)
Thank you all in advance,
P.S. I'm on the independent tribunal stage as mentioned in the title.