Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Council_fight_back on September 13, 2023, 11:30:39 am
-
For reference:
The Newham (Canning Town) (Parking Places) (No. 1) Order 2017 (https://drive.google.com/uc?id=1u73l5uBE9bBXCPU8k0Qnh7b_M-I8WGm7)
The Newham (Canning Town) (Parking Places) (No. 1, 2017) (Amendment No. 2) Order 2018 (https://drive.google.com/uc?id=1yVTk8Ody8JH5S_volGsUHuvVUU-HRWl5)
-
Sorry, I do not have this available as it was not done on my phone. Should I make a representation to try my luck and is there anything I should add to give myself the best chance?
I strongly recommend you accept @mrmustard's offer and let him handle this for you.
-
Happy to do the challenges for you. Email mrmustard@zoho.com
-
Can you use a screen recording app to illustrate the process you went through?
Sorry, I do not have this available as it was not done on my phone. Should I make a representation to try my luck and is there anything I should add to give myself the best chance?
-
There is a wording error on the Pcn. The 28 day for payment is from the date of the alleged contravention not the date of service ( even though they are the same ). This is a new argument which I have not yer tested with an adjudicator but I am hopeful. I can represent you. Email mrmustard@zoho.com
-
Can you use a screen recording app to illustrate the process you went through?
If the council provides a payment system, that system needs to be fit for purpose.
In the meantime I have requested the parking places order; also the contravention wording is duplicitous. So we definitely have a few things to work with here.
-
So usually I would be able to use a few visitors permit to park all day on any road which falls under the CT area on the road sign but as of the 8th August this is not being offered by the council (https://www.newham.gov.uk/parking-permits/newham-council-changes-parking-fees-charges-8th-august-2023). There is an app MiPermit which would be used to gain a a visitors permit. Also within the app you can pay for parking which was used on this occasion I search the location on my friends phone who is the resident in the area who has the app so I entered St Luke’s as I didn’t know the code of the road and the app allows you to search on both. St Luke’s came up with no other description so I assumed this was the right location. I didn’t think it would pull in location from outside the borough let alone somewhere as far as Cheltenham! The app isn’t the easiest to navigate and also. Also t add in the area there has been a mass reduction of roads to park on due to parking suspension. I had struggled to find a place to park but to be issued a ticket ticket due to the MiPermit app not being user friendly.
-
I would say it is certainly not enough to win a challenge. Your payment money has gone to a council about 150 miles away ! Clearly you made an error entering the location number. In circumstances like this, all you have is mitigation, unless there is a technical argument related to the PCN itself, (fatal errors), or the Order establishing the parking bay. If you can tell us more about how you entered the information required to set up a parking payment it would help.
I assume it is here : -
https://maps.app.goo.gl/SQVdRY9gUnPQ9agb6
-
I received a PCN in Newham council for contravention 12 parking without a valid virtual permit to which I had entered the wrong location/road. I parked on St Lukes Sq in Canning Town and entered St Lukes Road in Cheltenham. I have the receipt of payment for parking in the location for 2 hours is this enough to win a challenge?
Link of the PCN (https://imgur.com/a/RVBoKWZ)