Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Maaeez123 on August 23, 2023, 06:21:37 am
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Here is The Newham (Green Street t North) (Loading Bays) (No. 2) Order 2013 (https://drive.google.com/uc?id=1eEMYRazn42bKz3zbZ8dQ9OZRFhZMo53a).
@Maaeez123 are you still with us?
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I'm sorry what do you mean by discretion?
The council has a power to cancel a penalty even if a contravention has clearly happened, and they are under a legal duty to consider doing so if you ask them. The point is explained in detail in Susan Cook v Trafford Borough Council (TR 05993K, 25 January 2013) (https://drive.google.com/uc?id=1GBMDfWL6w4j5fV1mSz-bY6rZT9jmbU54).
A good example is here http://forums.pepipoo.com/index.php?s=&showtopic=139486&view=findpost&p=1638489 but obviously you can't make stuff up, you can only advance mitigating factors that actually apply to your case. Factors such as it being a first contravention, being unfamiliar with the area etc are all worth mentioning if they are applicable to you.
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It was parked overnight. I did plan to move the car at 8 because normally that's when parking time starts.
I'm sorry what do you mean by discretion?
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Why was the car parked there?
If there's no real excuse, make a plea for discretion and in the meantime I'll get hold of the traffic order.
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If you weren't loading at the time then you should pay at the discounted rate.
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In that case the OP has no exemption, the sign is perfectly clear and understandable, so payment at the discount is recommended.
Mike
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I don't think the vehicle had a blue badge displayed. The registration mark is coming up as a skoda which is not pictured in the links. I assume they were taken after the ticket was received and the skoda moved elsewhere.
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https://drive.google.com/uc?id=1HOrYPHV6sikQSl-SHXfVpY4TyZE3sMcb
Blue badge exemption in a loading bay should apply.
Wait for other views.
Mike
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Date of notice : 21/08/23
PCN : PN36504729
Vehicle registration: OU56FEK
Hi,
I got a PCN on the beginning of Gower Rd, Forest Gate, Newham. I parked there in the night. The beginning of Gower Rd has parking restrictions between 8 and 11 am and you can only park there if you're loading. However along with the loading information on the signpost you will also find the normal parking restriction hours and this says 11am. It's a bit unclear to me. According to the bottom I can park there before 11am but the loading information says I can't. It's all confusing to me.
I'll post the images so others can see. Please help.
This is the link for the images:
https://ibb.co/6tFxPbQ (My PCN ticket)
https://ibb.co/fdfr4yG
https://ibb.co/3dfnjvH
https://ibb.co/tbJXdXw