Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Ac221 on January 30, 2025, 03:43:49 pm
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Well said.
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That's good, as I wrote it.
http://lbbspending.blogspot.com/2025/02/paintedintoacorner.html
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@mrmustard Feel free too. Apologies for the late response.
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Well done for sticking with it and showing that if you stand up to council bullies they often cave in.
This is a perfect example of the way that councils nowadays don't behave in an unbiased manner when considering representations, they just think about the money.
I would like to blog this which would be anonymous as per usual
The legislation assumes that councils will be fair, they often aren't, and your experience showcases this OP.
This is the last blog I wrote to give you an idea of how I write OP
http://lbbspending.blogspot.com/2025/02/seeing-round-corners-scientific.html
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Some great news. Following the submission of my case to London Tribunals, I received a letter from Ealing Council saying that they have investigated the case and decided not to contest my appeal and cancelled the 2nd PCN.
I also received another letter stating they accepted my representation for the 1st PCN and cancelled that too.
Thank you to everyone who commented, your help was invaluable.
Please keep up the great work you have been doing on this forum, it really does make a difference.
@mrmustard thank you for your kind offer.
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You can see the bay is new. The lines are much sharper than on the adjoining bay.
You can see the chalk marks which laid out the bay before it was painted.
Happy to be the representative if you email mrmustard@zoho.com with an unredacted copy of the Notice of Rejection.
Ealing's tribunal representatives are well acquainted with me.
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I got this attached PCN . . .
What options do i have to challenge this and how to proceed plz.
Regards
MAIRAJ
@mairajbhaii
You need to start your own thread (one case to one thread, or we get muddled!).
Please to 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 there a brief summary of the alleged incident,
both sides of the unredacted PCN,
a GSV link to the location
and
any council video/photos.
By all means include a reference to this thread.
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Hi
I got this attached PCN # AO03811230 ON 04-02-2025 at 16.35 for parking on disabled parking space on Greenford road adjacent to Ferrero factory beside the traffic signal, however I remember there was no mention of sign board or even any road marking showing disabled etc.
What options do i have to challenge this and how to proceed plz.
Regards
MAIRAJ
[attachment deleted by admin]
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It seems that the order may not have been live.
The resident(s) at the address may have something the council told them that can help.
As I've said, the second PCN is a continuous contravention.
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@stamfordman thanks, is the disabled bay is active once the signage is installed or once the order has been made?
@mickR makes sense. I'm not sure if it would help or not.
Is there any guidance on the Tribunals procedure and any do's and don'ts.
Appreciate the help so far.
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Is it worth knocking on 475 and asking them to confirm that my car was parked there and they painted around it?
if the disabled bay is for that property you may find they won't be helpful
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"designate disabled parking bays (without amending other orders)" I assume means creating a bay where there is no other order restricting parking - the bays there are unrestricted as far as I can see.
If they've only just made the order for this disabled bay I can't see it can be enforced for your PCNs.
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@stamfordman - I just went there and confirmed it is Whitton Avenue West, Greenford opp No. 475.
@mickR - it was a letter advertising a company offering to purchase my car.
@H C Andersen- 100% with no doubt it was newly installed. I know the area and can confirm there was no bay there before I parked. The location is opposite 475. The purpose of the markings is to highlight where you can park and there are no restrictions whatsoever on this stretch of road.
There was no parking suspension when I parked there and I'm not sure if there was one in the time I had not been to the car. Difficult to say as I didn't get a PCN for parking in a suspended location.
Is it worth knocking on 475 and asking them to confirm that my car was parked there and they painted around it?
If it does go to Tribunal is the onus on me to prove my vehicle was parked there or on the council that the bay was empty?
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Installed v refreshed?
Do you know the location and are you certain that there wasn't an existing bay with faded markings? Are you certain that there wasn't a traffic sign? Is the location opposite no. 703 as referred to in the notice of the order?
If you know the area, what it the purpose of the road markings ahead of your car e.g. do they mark a parking place and if so does this have a traffic sign?
I ask because the notice says '(without amending other orders)' which cannot be the case if where you were was a pre-existing parking place which had been redesignated.
Which raises another fundamental question for me: what notice, if any, was displayed at the location warning that parking was suspended for the purposes of installing a disabled bay. IMO, if there wasn't any notice and the council acted as you suggest i.e. they painted round your car and installed a sign on an otherwise unmarked length of highway then I think they'd be on the receiving end of the adjudicator's wrath.
That's a lot of info to discover/confirm before the reduced sum offer expires(4 Feb.).
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amoi what are the other notices on the windscreen?
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I don't know if one of these is the new bay:
Whitton Avenue West, Greenford opp No. 475; Whitton Avenue West, Northolt opp No. 703
The order notice is dated 22 January 2025 and says the bays are 'proposed' but your PCNs are early November so the may be another order for different bays but I can't see anything from last year.
The PCN on 3 November is a continuous contravention and the tribunal should allow an appeal on that one.
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@stamfordman - I just said in my representation that my car was parked there before the bay was painted, that my wife was heavily pregnant at the time and gave an example where this had taken place in Merton and it was rescinded by the council.
I was home but didn’t use the car in the time it was parked there. I didn’t see it until I went to drive the car.
Thank you for the order notification, do you know how I would find out if the bay in question was live at the time the PCN was given or does it become so once the necessary signage is complete.
I parked there around the 24th Oct and returned on the 5th or 6th. Apologies it’s been a while and I didn’t take note of the dates and I was occupied with the birth of the baby.
Discount is in play (4 days remaining) for the PCN on 3rd November but no response to my reps for the PCN issued on 2nd November. - is it worth chasing up on this?
@H C Andersen - According to their response the markings and signage was installed on 28th Oct which tracks with what happened. I can find out and confirm though through this FOI. Is there anything else I should ask?
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As your whole argument rests upon your claim that there were no markings and sign in place when you parked and by extension these were installed between you parking and the first PCN have you asked the council (highways department) when this marking and sign were actually installed or last maintained?
I suggest you find out.
https://www.ealing.gov.uk/info/201069/freedom_of_information/1547/environmental_information_regulations#:~:text=The%20Environmental%20Information%20Regulations%202004,water%2C%20air%2C%20flora%20or%20fauna
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The second PCN is probably a continuous contravention so that can be beaten.
The rejection to formal reps doesn't say anything about your reps - what did you say?
The bay certainly looks fresh.
Were you at home during the week? What dates exactly when you parked there and returned to car?
This looks like the order notification - not sure the bays are live yet:
https://www.thegazette.co.uk/notice/4796063
The discount(s) are on the table for both presumably but I think we'll be advising you go to the tribunal.
(https://i.ibb.co/MDs4jqzM/Screenshot-2025-01-30-at-16-25-00.png)
(https://i.ibb.co/hx7qNcNq/Screenshot-2025-01-30-at-16-24-48.png)
(https://i.imgur.com/68HhcVw.jpeg)
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Hi,
I’ve received two PCNs from Ealing Council for parking in the in a disabled space. There were no restrictions when I parked my vehicle there. I left the vehicle there for a week as my wife was heavily pregnant and we were not travelling and therefore not using the car. When I returned to the vehicle a disabled bay had been painted around it and there were two penalty charge notices affixed to the windscreen.
I only recently discovered this site and shouldve got advice before but I’ve appealed to Ealing Council and they have not accepted my informal and formal representations. The next step is to go to tribunal or pay, I feel very hard done by and I wondered if I should go ahead with the tribunal case or pay the reduced fee. Many thanks
https://imgur.com/a/DvRfoRv
https://maps.app.goo.gl/yU4ysfj3N69xZroP6?g_st=ac