Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Jay_Mandalia on March 01, 2025, 04:25:31 pm

Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on May 07, 2025, 05:11:51 pm
Thank you very much for the TMO! I appreciate it a lot sir!
Glad to know the so called bay doesn't exist there.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on May 06, 2025, 11:48:31 pm
For future reference, The Newham (Plaistow North) (Parking Places) (No. 2) Order 2017 (https://drive.google.com/file/d/1VEvO9nKeR2K7_gW7H-BddPMLL3NiL5iV/view).
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on April 30, 2025, 12:38:26 pm
It certainly looks like it, I expect you'll get a notice of acceptance in the post soon. If not, that screenshot is a get out of jail free card, so you've won either way.

Well done!
Perfecto! No way will I be joining 'mugged'😂. Will update here once I receive the NOA letter🤝.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Grant Urismo on April 29, 2025, 09:10:58 pm
It certainly looks like it, I expect you'll get a notice of acceptance in the post soon. If not, that screenshot is a get out of jail free card, so you've won either way.

Well done!
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on April 29, 2025, 07:27:58 pm
So I've checked my ticket on Newham website on the 21st April, it stated £0. I thought it was a glitch in the system, so I checked a couple days later and it still stated £0? I've waited a week and nothing through the post or email (even junk). I clicked on pay now and it does say there is nothing outstanding. Can I assume Newham have cancelled the ticket then?

[attachment deleted by admin]
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on April 19, 2025, 10:51:27 pm
You're right, I requested the order for Dongola Road but actually this location is Dongola Road West, so I've now requested the correct order.
Hi Cp8759, Just wanted to ask if you've managed to get a hold of an order for this location?
Unfortunately it's not due back until 6 May, so I can't chase until the 7th.
No worries, all good. Was just asking incase maybe you got it.
OP, at the present moment the only significance of the Order that I can see is if the authority re-offer the discount in a NOR, you then have to factor in its contents to your decision making. But as there's no post until Tues. 22nd so even if the discount is re-offered in a NOR then it's likely that you'll be within any 14-day extension even by 6 May.

Wait for their response to your formal reps.
Yes, just waiting for their response atm and then we can go from there.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: H C Andersen on April 19, 2025, 05:33:55 pm
OP, at the present moment the only significance of the Order that I can see is if the authority re-offer the discount in a NOR, you then have to factor in its contents to your decision making. But as there's no post until Tues. 22nd so even if the discount is re-offered in a NOR then it's likely that you'll be within any 14-day extension even by 6 May.

Wait for their response to your formal reps.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on April 19, 2025, 05:18:42 pm
You're right, I requested the order for Dongola Road but actually this location is Dongola Road West, so I've now requested the correct order.
Hi Cp8759, Just wanted to ask if you've managed to get a hold of an order for this location?
Unfortunately it's not due back until 6 May, so I can't chase until the 7th.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on April 19, 2025, 02:23:37 pm
You're right, I requested the order for Dongola Road but actually this location is Dongola Road West, so I've now requested the correct order.
Hi Cp8759, Just wanted to ask if you've managed to get a hold of an order for this location?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on April 03, 2025, 12:34:05 am
You're right, I requested the order for Dongola Road but actually this location is Dongola Road West, so I've now requested the correct order.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Enceladus on April 02, 2025, 05:32:36 pm
For later, the permit parking places are apparently implemented by The Newham (Prince Regent) (Parking Places) (No. 1) Order 2014 (https://drive.google.com/file/d/1SPqkX65Yy0n-vXkFYRqWuI8sXmN8J4u-/view). I'll ask for the amendment that turned it into a PPA.
Can't be Prince Regent? If it was then the zone identifier would be PR. The sign in the photos says PN which is likely Plaistow North?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on April 01, 2025, 09:48:51 pm
For later, the permit parking places are apparently implemented by The Newham (Prince Regent) (Parking Places) (No. 1) Order 2014 (https://drive.google.com/file/d/1SPqkX65Yy0n-vXkFYRqWuI8sXmN8J4u-/view). I'll ask for the amendment that turned it into a PPA.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 31, 2025, 08:55:30 pm
I think you did see it but forgot about it? You did comment mentioning the CEO handbook has no weight. If you scroll up slightly I've attached the Notice to Owner file, alongside my Formal Rep letter. Unfortunately for me I got carried away, very silly of me. So I'm waiting to see if the accept/reject it, but if they reject it then I'll get a notice of rejection letter right?

Right, I see what you mean, so you've made a formal representation and you're waiting for the notice of rejection. Let us know when you get it and we'll see what the options are.
No worries, I will update here on the outcome as soon as I receive the letter. Thank you  :)
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on March 31, 2025, 08:26:05 pm
I think you did see it but forgot about it? You did comment mentioning the CEO handbook has no weight. If you scroll up slightly I've attached the Notice to Owner file, alongside my Formal Rep letter. Unfortunately for me I got carried away, very silly of me. So I'm waiting to see if the accept/reject it, but if they reject it then I'll get a notice of rejection letter right?

Right, I see what you mean, so you've made a formal representation and you're waiting for the notice of rejection. Let us know when you get it and we'll see what the options are.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 31, 2025, 08:11:35 pm
With the best will in the world I don't have time to look at something that is not time-critical, let me know when you have a notice to owner and I'll look at this again.
No worries, it's all good. I will inform here on the outcome of my formal appeal.

Please don't get ahead of yourself, you've not made an appeal, you've not even made a formal representation. Let us know when you receive the notice to owner and we will help you draft a formal representation. Please don't go it alone because if you do and it doesn't work out, it then may be too late for us to help.
I think you did see it but forgot about it? You did comment mentioning the CEO handbook has no weight. If you scroll up slightly I've attached the Notice to Owner file, alongside my Formal Rep letter. Unfortunately for me I got carried away, very silly of me. So I'm waiting to see if the accept/reject it, but if they reject it then I'll get a notice of rejection letter right?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on March 31, 2025, 07:58:13 pm
With the best will in the world I don't have time to look at something that is not time-critical, let me know when you have a notice to owner and I'll look at this again.
No worries, it's all good. I will inform here on the outcome of my formal appeal.

Please don't get ahead of yourself, you've not made an appeal, you've not even made a formal representation. Let us know when you receive the notice to owner and we will help you draft a formal representation. Please don't go it alone because if you do and it doesn't work out, it then may be too late for us to help.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 31, 2025, 07:49:27 pm
With the best will in the world I don't have time to look at something that is not time-critical, let me know when you have a notice to owner and I'll look at this again.
No worries, it's all good. I will inform here on the outcome of my formal appeal.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on March 31, 2025, 07:40:27 pm
With the best will in the world I don't have time to look at something that is not time-critical, let me know when you have a notice to owner and I'll look at this again.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 31, 2025, 07:34:48 pm
Part of what you've submitted is misconceived (the CEO handbook has no legal weight whatsoever), but we are where we are.
I understand. My fault for getting carried away.  :(
Here is The Newham (Plaistow North) (Disabled Resident Parking Places) (No. 2, 2017) (Amendment No. 4) Order 2022 (https://drive.google.com/file/d/1FeJrTnVktgE_T1Z2JslyCUTgk3YZFK82/view).

Any sign of the NTO yet?
Also I've realised something. It states ' Dongola Road West, the north side, from a point 3.5 metres west of a point opposite the
westernmost wall of Bemersyde Point, Dongola Road West westward for a distance of 2.4
metres and which has a width throughout of 4.3 metres. Special manner of parking 90° to the edge of the carriageway '.
Which I believe is referring to this bay https://maps.app.goo.gl/ZRNofGpB1nygRUNs5 . It mentions about 90 degree so i'm pretty sure they are referring to this bay. The sign does state permit holders only, but it has been changed in which I have attached a picture for reference of that sign (Do have to zoom in a little).

This is the closet thing that relates to where I've parked ' "THE NEWHAM (PLAISTOW NORTH) (DISABLED RESIDENT PARKING PLACES) (NO. 2, 2017) (AMENDMENT NO. 4) ORDER 2022". It mentions 'the north side of Dongola Road West, outside the Howard Baker Nursery'. However, I looked online and can't find anything relating to Howard Baker Nursery so technically like you mentioned this bay really doesn't exist then?

OP, you hold a permit. It therefore follows that you are local.

Can we please have clear photos(not dated GSV etc. but photos) of where you were parked. Other posters to their credit are trying to fill in your gaps when it's easier for you to do so definitively.

No substantially compliant parking place markings = no contravention.

Substantially compliant markings but no underlying TMO restriction = no contravention.
Sorry I'm aware you have requested not GSV photos but there are still some cars at the location so I provided a snip of the area from 2016 and added lines to show where I was parked. Not the best of picture, sorry.

[attachment deleted by admin]
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on March 29, 2025, 05:09:48 pm
Part of what you've submitted is misconceived (the CEO handbook has no legal weight whatsoever), but we are where we are.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 29, 2025, 11:58:59 am
Here is The Newham (Plaistow North) (Disabled Resident Parking Places) (No. 2, 2017) (Amendment No. 4) Order 2022 (https://drive.google.com/file/d/1FeJrTnVktgE_T1Z2JslyCUTgk3YZFK82/view).

Any sign of the NTO yet?
Hi there, thank you for getting the TMO for me, I appreciate it a lot.
I unfortunately got a bit carried away and posted a formal appeal a day ago :-\. I've attached the file of what I've sent to the Council, let me know what you think.
OP, you hold a permit. It therefore follows that you are local.

Can we please have clear photos(not dated GSV etc. but photos) of where you were parked. Other posters to their credit are trying to fill in your gaps when it's easier for you to do so definitively.

No substantially compliant parking place markings = no contravention.

Substantially compliant markings but no underlying TMO restriction = no contravention.
Yes I agree with you. I went ahead with No parking place markings. I will later today show where I was parked, theres some cars currently parked at the location now.

[attachment deleted by admin]
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: H C Andersen on March 29, 2025, 08:08:26 am
OP, you hold a permit. It therefore follows that you are local.

Can we please have clear photos(not dated GSV etc. but photos) of where you were parked. Other posters to their credit are trying to fill in your gaps when it's easier for you to do so definitively.

No substantially compliant parking place markings = no contravention.

Substantially compliant markings but no underlying TMO restriction = no contravention.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on March 29, 2025, 01:13:23 am
Here is The Newham (Plaistow North) (Disabled Resident Parking Places) (No. 2, 2017) (Amendment No. 4) Order 2022 (https://drive.google.com/file/d/1FeJrTnVktgE_T1Z2JslyCUTgk3YZFK82/view).

Any sign of the NTO yet?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 03, 2025, 03:01:32 pm
Hi there, thank you all for the comments.
Newham updated signs for a further towards the building block as well as displaying a valid 'Disabled' road marking. Not on the PC at the moment but you'll be able to see it if you flick through the years. It will be the Bay closet towards building block.
Road entrance signs are still there for 'PN'.

Edit: Just checked the links provided, there is no valid order either for the disabled residents permit place bay here too (Same road but further ahead)

[attachment deleted by admin]
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 03, 2025, 02:52:06 pm

Hi there, thank you for your message.
Fingers crossed, a neighbour of mine fought for his ticket, parked in the same position and have and had the PCN cancelled due to no valid bay being present.
Edit: Despite me mentioning I'm not parked in the bay, they said I have parked in a bay near the bottom of the letter.

1.  Do you know on what basis your neighbour successfully challenged his PCN?  How did he demonstrate it wasn't a valid bay?

2.  When you say "Despite me mentioning I'm not parked in the bay"  are you questioning where Newham say you were parked, or are you saying that where you were parked isn't correctly signed as a disabled bay?
1) Yes my neighbours appeal was this: Dear Sir/madam,

I am appealing the PCN I have received on my car in regards to the alleged contravention 'Code 40 - Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner', which did not occur and so the ticket is invalid. I am challenging the ticket on the following grounds.

- There were no visual road markings:
For me to identify what part of the road if any had restrictions for Disabled badge holders, Newham Council should have road markings easily identifiable for motorists as shown with illustrations on page 37 of the Civil Enforcement Handbook issued by London Councils;
"Code description: Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner. Code contravention: The contravention occurs when a vehicle waits in a disabled person's parking place without displaying a valid disabled person's parking badge and/or clock". Without any road markings, it was not clear to be where the disabled bay was.

• Old faded road marking, Furthermore, upon closer inspection provided in the supporting evidence, you can see a very faint and faded bay which one can only assume was originally put down for disabled badge holders. This means that I was not parked in the designated parking bay for Disabled badge holders, and even if I were, since the road markings have faded away, this ticket cannot be enforced.

- Photographs provided by Newham Council do not prove I was parked within a Disabled bay - reviewing the photos attached to my PCN on the Council Website, it is not clear whether I was parked in mentioned disabled persons parking place. There are multiple pictures of my car with a PCN attached to it and general pictures of my car, without such evidence alleged contravention did not occur.

To summarise, since there are no road markings clearly visible to prove I was parked in the so called designated disabled's person's parking place and without any photographic evidence from the council, alleged Contravention code 40 does not exist in this case and so is not valid and so l ask Newham council to cancel this ticket.

2) I am saying that in the letter I received from the council, I have stated that I was not parked in a bay (Road Markings have faded away), they have said 'Notice was issued because your your vehicle was parked in a Bay' and 'By Parking in this bay '. But like I mentioned, I'm not parked in any disabled Bay. I have clearly stated to them that my vehicle is not in a Bay, they somehow are saying i'm in a disabled bay which makes no sense at all.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: cp8759 on March 02, 2025, 03:42:36 pm
The bay was created by The Newham (Disabled Persons) (Community Parking) (Special Parking Area) (No. 1) Order 2007 (https://drive.google.com/file/d/1qCdWJ9lIqwEh7kjwliw5MKngUfh5W47I/view), item 11 on page 16.

Article 13 is helpful:

13. The Council shall:-

(a) place and maintain traffic signs indicating the limits of each parking place referred to in Schedules 1, 2, 3, 4, 5, 6 and 7;

(b) place and maintain in or in the vicinity of each parking place referred to in Schedules 1, 2, 3, 4, 5, 6 and 7, traffic signs indicating that such parking place may be used during the permitted hours for the leaving only of the vehicles specified in Article 4(1);

(c) carry out such other work as is reasonably required for the purposes of the satisfactory operation of a parking place.


I don't see how they have complied with Article 13(a), in any event I'll get hold of the PPA order. There is a distinct possibility they either accidentally or intentionally abolished the disabled residents bay.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: stamfordman on March 02, 2025, 02:44:14 pm

The traffic order appears to be the "THE NEWHAM (PLAISTOW NORTH) (DISABLED RESIDENT PARKING PLACES) (NO. 2, 2017) (AMENDMENT NO. 4) ORDER 2022" (https://www.thegazette.co.uk/notice/3988823).

This order refers to a bay on the north side of Dongola Road West, outside the Howard Baker Nursery.

The Gazette notice for the order says;
"2. The general effect of the Orders would be to introduce disabled resident parking places for use only by persons who are resident within the relevant Controlled Parking Zones (CPZs), who meet the current criteria for the provision of parking places for disabled persons and who have been issued disabled resident parking permits. Certain other vehicles may wait in the parking places in certain circumstances, e.g., to load or unload goods or pick up or set down passengers. Details of the disabled resident parking places, including the CPZs and locations, are set out in the Schedule to this Notice."

So it's a DRPP bay. The sign should say "Disabled residents permit holders only" with the zone identifier for Plaistow North. Only a person who has a Disabled residents parking permit for zone Plaistow North can use the bay. A standard residents permit holder cannot park there and neither can a Blue Badge holder without the correct DRPP. That's the arrangement all over Newham.

There's no reference in the traffic order to any time limit on DRPP bays.

PM our administrator @cp8759 and see has he got, or can get, the official traffic order?

Yes I looked that up but didn't read it so closely - there seems to have been a disabled bay there since at least 2008 on Google maps but that order was made in 2017. It's typical of Newham to fail to maintain/change signage/markings.

OP - are the PPA signs there now at the road entrance?

Seems to me there's enough here to go on with this. 
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: ManxTom on March 02, 2025, 01:33:00 pm

Hi there, thank you for your message.
Fingers crossed, a neighbour of mine fought for his ticket, parked in the same position and have and had the PCN cancelled due to no valid bay being present.
Edit: Despite me mentioning I'm not parked in the bay, they said I have parked in a bay near the bottom of the letter.

1.  Do you know on what basis your neighbour successfully challenged his PCN?  How did he demonstrate it wasn't a valid bay?

2.  When you say "Despite me mentioning I'm not parked in the bay"  are you questioning where Newham say you were parked, or are you saying that where you were parked isn't correctly signed as a disabled bay?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Enceladus on March 02, 2025, 01:19:20 pm
Seems to me that the bay is not marked, the DISABLED legend on the carriageway is missing (worn way) and the sign on the pole is incorrect.

The sign on the pole shown in GSV Apr 2022 agrees with the sign in the Council evidence photo. And it appears to be outside the school. It's a time limited Disabled badge holders only sign.

The traffic order appears to be the "THE NEWHAM (PLAISTOW NORTH) (DISABLED RESIDENT PARKING PLACES) (NO. 2, 2017) (AMENDMENT NO. 4) ORDER 2022" (https://www.thegazette.co.uk/notice/3988823).

This order refers to a bay on the north side of Dongola Road West, outside the Howard Baker Nursery.

The Gazette notice for the order says;
"2. The general effect of the Orders would be to introduce disabled resident parking places for use only by persons who are resident within the relevant Controlled Parking Zones (CPZs), who meet the current criteria for the provision of parking places for disabled persons and who have been issued disabled resident parking permits. Certain other vehicles may wait in the parking places in certain circumstances, e.g., to load or unload goods or pick up or set down passengers. Details of the disabled resident parking places, including the CPZs and locations, are set out in the Schedule to this Notice."

So it's a DRPP bay. The sign should say "Disabled residents permit holders only" with the zone identifier for Plaistow North. Only a person who has a Disabled residents parking permit for zone Plaistow North can use the bay. A standard residents permit holder cannot park there and neither can a Blue Badge holder without the correct DRPP. That's the arrangement all over Newham.

There's no reference in the traffic order to any time limit on DRPP bays.

PM our administrator @cp8759 and see has he got, or can get, the official traffic order?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 02, 2025, 01:12:13 pm
If it's not marked then it doesn't exist because every unmarked length of street IS reserved to permit holders PN and nobody else, this is what PPAs are all about.

You cannot have a Disabled bay co-existing with a permit holder's only bay.

The ONLY options for parking bays in a PPA are:

Unmarked - for the permit holders specified on the gateway signs.

Marked - Must be marked as specified on the signs placed within the markings.
Hi there, thank you for your message.
I'm aligned with you now. Thanks for clarifying.  I will proceed to formal representation and update here on the outcome

So are there still PPA signs there as in 2022 - Newham has been taking some out and converting to CPZs.

Presuming they are the signs there they should have an exception for signed bays for other parking other than PPA permit holders.

As for the disabled bay I had to go back to 2012 to find reasonable road markings and obviously if the order still puts the bay there as it probably does by the dropped kerb for the nursery then you are in it.

(https://i.imgur.com/xeilQZ0.png)

(https://i.imgur.com/FOyn3Tg.png)
Hi there, thank you for the message.
I am a resident and do have a valid permit to park. The markings have faded away and it the CEO's responsibility to report any road marking fadings. It has been 13 years since they started fading and haven't been repainted.
What are the chances of winning this? Despite the informal appeal letter stating I was in a bay even though I wasn't.  Can the sign as it is be enforced?
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: stamfordman on March 02, 2025, 11:52:43 am
So are there still PPA signs there as in 2022 - Newham has been taking some out and converting to CPZs.

Presuming they are the signs there they should have an exception for signed bays for other parking other than PPA permit holders.

As for the disabled bay I had to go back to 2012 to find reasonable road markings and obviously if the order still puts the bay there as it probably does by the dropped kerb for the nursery then you are in it.

(https://i.imgur.com/xeilQZ0.png)

(https://i.imgur.com/FOyn3Tg.png)
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: H C Andersen on March 01, 2025, 10:32:30 pm
If it's not marked then it doesn't exist because every unmarked length of street IS reserved to permit holders PN and nobody else, this is what PPAs are all about.

You cannot have a Disabled bay co-existing with a permit holder's only bay.

The ONLY options for parking bays in a PPA are:

Unmarked - for the permit holders specified on the gateway signs.

Marked - Must be marked as specified on the signs placed within the markings.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 01, 2025, 08:43:23 pm
A Permit Parking Area:

an area—
(a)
into which each entrance for vehicular traffic has been indicated by the sign provided for at item 5 of the sign table in Part 3 of Schedule 5; and

(b)
where any parking place within that area reserved for the use of the permit holders as indicated on that sign is not shown by markings on the road (whether or not an upright sign is placed next to, or near, such a parking place to indicate that only the permit holders in question may use the place)


https://www.legislation.gov.uk/uksi/2016/362/schedule/1/made

Which means that any and every length of street reserved for different users must be marked. It's no different to any other length of street.
Hi there, Thank you for your response.
I'm sorry, I'm not sure if you are referring for not having a valid parking permit. I can confirm I do have a valid permit (PN) to park in the area, just not a blue badge.
With your comments regarding marking, yes the designated bay needs to be marked, in which there are no markings shown.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: H C Andersen on March 01, 2025, 08:15:25 pm
A Permit Parking Area:

an area—
(a)
into which each entrance for vehicular traffic has been indicated by the sign provided for at item 5 of the sign table in Part 3 of Schedule 5; and

(b)
where any parking place within that area reserved for the use of the permit holders as indicated on that sign is not shown by markings on the road (whether or not an upright sign is placed next to, or near, such a parking place to indicate that only the permit holders in question may use the place)


https://www.legislation.gov.uk/uksi/2016/362/schedule/1/made

Which means that any and every length of street reserved for different users must be marked. It's no different to any other length of street.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 01, 2025, 07:24:21 pm
The permit parking area entry sign should say 'except in signed bays' if there are exceptions in the PPA.

I've checked and there is an order for a disabled bay in the PPA but I'd say the entry sign possibly overrules this and they've let the bay marking degrade.
Hello, thank you for your message
Unfortunately they have left the sign to degrade since 2012...
Quite difficult to see, although my car is infront of the sign, the disabled bay is more ahead where the dropped kerb is. You could say my car front tyres are on the previous marked bay.
It is also quite confusing because if I was parked a car length behind, I would still get a ticket because I was near the sign.

[attachment deleted by admin]
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 01, 2025, 07:18:23 pm
I have looked at the council photos online. Although I do not see a painted bay I do see your car was right next to a sign saying disabled badge holders only. I think you have an uphill fight on
Hi there, thank you for your message.
Fingers crossed, a neighbour of mine fought for his ticket, parked in the same position and have and had the PCN cancelled due to no valid bay being present.
Edit: Despite me mentioning I'm not parked in the bay, they said I have parked in a bay near the bottom of the letter.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 01, 2025, 07:16:52 pm
Presumably you missed these signs as you drove into the street ?
https://maps.app.goo.gl/8XwwVX4jjcsLNh96A

However the PCN is for parking in a designated disabled parking bay, and to do this you would need both a BB and also a permit for the street. I presume you don't hold a permit for parking on this street. Wait for others to comment, but I don't think you are holding a strong hand appeal-wise.

Hi there, thank you for your message.
I do indeed hold a permit for this area.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: stamfordman on March 01, 2025, 06:43:22 pm
The permit parking area entry sign should say 'except in signed bays' if there are exceptions in the PPA.

I've checked and there is an order for a disabled bay in the PPA but I'd say the entry sign possibly overrules this and they've let the bay marking degrade.
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: mrmustard on March 01, 2025, 06:42:41 pm
I have looked at the council photos online. Although I do not see a painted bay I do see your car was right next to a sign saying disabled badge holders only. I think you have an uphill fight on
Title: Re: PCN - Newham Council - Contravention Code: 40
Post by: Incandescent on March 01, 2025, 05:47:37 pm
Presumably you missed these signs as you drove into the street ?
https://maps.app.goo.gl/8XwwVX4jjcsLNh96A

However the PCN is for parking in a designated disabled parking bay, and to do this you would need both a BB and also a permit for the street. I presume you don't hold a permit for parking on this street. Wait for others to comment, but I don't think you are holding a strong hand appeal-wise.
Title: PCN - Newham Council - Contravention Code: 40
Post by: Jay_Mandalia on March 01, 2025, 04:25:31 pm
Hi there,

So I have recently received a PCN for parking in a designated disabled persons bay.
I have appealed to the council stating the reasons 'Road markings unclear/No designated bay'. However my informal appeal was denied (See attached picture). Despite stating I was not parked in a designated bay, they still mentioned in the letter that I have parked in a bay. Can a sign still be enforced despite there being no road markings of a 'Designated Bay'? I have also checked the London Council Civil enforcement handbook contravention code 40 and can see a Bay needs to be valid for the contravention to occur.

My next step is to make a formal representation, but if it rejected what are the chances of it being accepted through London Tribunals?

Thank you for taking the time to look,
Jay

Edit: I have a valid parking permit for this area (PN)

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