Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Leedsunited on November 19, 2024, 05:46:38 pm
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More detailed Islington map.
(https://i.imgur.com/2JATXko.png)
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On *** I parked my car for the purpose of collecting pre-ordered goods from ****.
When I returned, having collected and returned with my goods as promptly as possible, I found a PCN which claimed that I was parked in Popham Street. However, my view at the time was that I was parked in Elder Way. As can be seen in the CEO's photos, I was parked opposite estate parking bays which are marked clearly on the council's own plan and therefore I was situated in Elder Walk. This is confirmed(not that this is necessary unless the authority are claiming that their own plans are incorrect) by see enclosed GSV snapshots.
As the PCN fails to state the correct location, then it fails to state the grounds of contravention to the standard required by the regulations and the PCN must be cancelled. I would add that this applies irrespective of the whys and wherefores of my car being at the location(which, as said above, was for an exempt purpose in any case) and I should be grateful if in their reply the authority would not labour this point but instead focus on the substantive issue regarding incorrect location and defective grounds.
Some thoughts.
But definitely lead with the council's plan which GSV supports, not GSV alone.
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I assume you were parked here: -
https://maps.app.goo.gl/cLkHaebn1jsYtVYy6
The restriction is double-yellow lines which apply 24x7.
@Incandescent
According to the photos the car was parked in Elder Walk, here
https://maps.app.goo.gl/ucbT2TqKMWvAb3r26
Is it time for
As can be seen from the Council's photos, on the date and time alleged in the PCN the vehicle was not parked in Popham Street, but in Elder Walk. Wrong location is fatal to a PCN and I look forward to its early cancellation. ?
Though the signage is, to say the least, confusing. Here
https://www.islington.gov.uk/-/media/sharepoint-lists/public-records/transportandinfrastructure/parking/tmo-webpage/estate-parking/popham-street-estate-map.pdf
the two are clearly distinguished.
Sorry for the faux pas. So parked on a single yellow line, but the same observation criteria apply, I think.
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It was a single yellow line
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I assume you were parked here: -
https://maps.app.goo.gl/cLkHaebn1jsYtVYy6
The restriction is double-yellow lines which apply 24x7.
@Incandescent
According to the photos the car was parked in Elder Walk, here
https://maps.app.goo.gl/ucbT2TqKMWvAb3r26
Is it time for
As can be seen from the Council's photos, on the date and time alleged in the PCN the vehicle was not parked in Popham Street, but in Elder Walk. Wrong location is fatal to a PCN and I look forward to its early cancellation. ?
Though the signage is, to say the least, confusing. Here
https://www.islington.gov.uk/-/media/sharepoint-lists/public-records/transportandinfrastructure/parking/tmo-webpage/estate-parking/popham-street-estate-map.pdf
the two are clearly distinguished.
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As the OP said he was on Elder Walk which is off Popham so there is a location argument.
You really don't want to be taking fish on the bus but you should have used a pay bay as a parking plaice.
Steve Hatt no doubt - the price of fish these days is a £65 parking ticket.
(https://i.ibb.co/DRb3brP/Screenshot-2024-11-20-at-15-37-10.png)
(https://i.ibb.co/L6r7pwy/Screenshot-2024-11-20-at-15-37-03.png)
(https://i.ibb.co/YyCD7pZ/Screenshot-2024-11-20-at-15-36-55.png)
(https://i.ibb.co/0K22B9r/Screenshot-2024-11-20-at-15-36-48.png)
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I assume you were parked here: -
https://maps.app.goo.gl/cLkHaebn1jsYtVYy6
The restriction is double-yellow lines which apply 24x7. No observation period is needed for yellow lines, single or double. However, as there are two exemptions, (loading or board/alight passengers), a PCN recipient can submit representations claiming one or other of these, but would need to back up the claim with some details. For the loading exemption, you could submit reps that you were loading a pre-ordered quantity of fish, and with no available parking space at the location or nearby, had to park for a very short time on the yellow lines.
Don't expect them to concede, as almost all informal challenges are refused, the council knowing that 98% of people then just cough-up so as not to lose the discount. If you want to take them all the way, you would have to wait for the Notice to Owner, sent to the name and address on the V5C Registration Certificate. Is this you ? Once reps against an NtO are refused, you can take them to London Tribunals, but the full PCN penalty would be in play.
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I assume you were parked here on double-yellow lines. No observation period is needed for these, so the CEO served a PCN with no observation period. It is then up to the PCN
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The attached PCN says 12:04-12:04
[attachment deleted by admin]
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Was collecting some fish, so cannot argue it was heavy or bulky.
Is it alright for them to give me less than one minute though?
Where do you get the minute from ? I suspect you were parked for over 1 minute, and anyway, one minute is sufficient for issuing a PCN.
You have yet to post the PCN, or any GSV location reference, so final advice cannot possible be given.
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Was collecting some fish, so cannot argue it was heavy or bulky.
Is it alright for them to give me less than one minute though?
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What were you collecting as loading pre-ordered stuff is an exemption.
The location is a good shout although these are small adjoining roads although Popham does have another longer stretch.
+1
Please tell us as much as possible about the goods being collected. Were they bulky and heavy that required you to park close by ?
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What were you collecting as loading pre-ordered stuff is an exemption.
The location is a good shout although these are small adjoining roads although Popham does have another longer stretch.
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Many thanks - first time user
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Wrong location may be fatal to a PCN.
Using attachments is not advised.
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 use Imgur or ibb.co. to post images here.
Also post a GSV link to the location.
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Hi there,
Two issues for advice please:
1) I was parked on a side street for less than a full minute according to the PCN issued by Islington. I literally went to collect something that was ready for me to collect, hence only onew minute. Am I not entitled to any leeway?
2) The PCN states that the parking was on Popham Street, but it was actually on a road off Popham Street, namely Elder Walk. I attach a street map on the Council's website which indicated where my car was parked, whilst also referring to Popham Street. Is this a valid reason to invalidate the PCN>
Thanks in advance for your help.
Ian
[attachment deleted by admin]