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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Council_fight_back on June 22, 2023, 09:55:34 pm

Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on December 12, 2023, 09:33:30 am
Outcome (https://drive.google.com/uc?id=1sdL-90C7NLwWLR-os3Kv55y9ZJefiZR_).
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: Council_fight_back on July 06, 2023, 12:52:29 am
Quote from: cp8759 on July 05, 2023, 07:08:24 pm
This case stinks, the CEO is up to something very odd to say the least and we should put them to proof:

Dear London Borough of Newham,

I dispute liability for PCN PN35317555 on the ground that the alleged contravention did not occur. I did not see any signs when I entered the street, and I am aware that signs in this location had previously been vandalised. I note that rather than taking a photo of the signs themselves, the CEO appears to have taken a photo of a photo that was displayed on some other device, this raises the question of whether there were any visible signs at the material time. I put it to you that at the material time there was no adequate signage, or else the CEO would have taken a photo of the sign rather than a photo of his hand-held device which was showing a photo taken at some earlier time.

Yours faithfully,

Thanks cp8759 I will respond with this
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on July 05, 2023, 07:08:24 pm
This case stinks, the CEO is up to something very odd to say the least and we should put them to proof:

Dear London Borough of Newham,

I dispute liability for PCN PN35317555 on the ground that the alleged contravention did not occur. I did not see any signs when I entered the street, and I am aware that signs in this location had previously been vandalised. I note that rather than taking a photo of the signs themselves, the CEO appears to have taken a photo of a photo that was displayed on some other device, this raises the question of whether there were any visible signs at the material time. I put it to you that at the material time there was no adequate signage, or else the CEO would have taken a photo of the sign rather than a photo of his hand-held device which was showing a photo taken at some earlier time.

Yours faithfully,
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: Council_fight_back on July 05, 2023, 10:19:58 am
Quote from: cp8759 on July 04, 2023, 07:04:56 pm
Where's the Notice to Owner please?

Here https://imgur.com/a/mXN1j3A (https://imgur.com/a/mXN1j3A)
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on July 04, 2023, 07:04:56 pm
Where's the Notice to Owner please?
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: Council_fight_back on July 04, 2023, 01:35:01 pm
Quote from: cp8759 on July 03, 2023, 11:51:08 pm
Quote from: Council_fight_back on July 03, 2023, 10:04:47 pm
Sorry for the delayed reply. I have had a search on my PC and can't seem to find the informal representation. Is there a way I can request this from the council?
If you email suspension.dispensation@newham.gov.uk and cc Anthony.Polston@newham.gov.uk they should be able to provide you with a copy.

Thanks a response back and this was my representation:

Dear Sir/Madam,
 
I am writing in response to the parking ticket I received for "Failing to comply with a restriction on vehicles entering and waiting in a pedestrian zone" under contravention code 54. I wish to formally dispute this PCN and provide my reasons for doing so.
 
Firstly, I would like to point out that the back of the PCN does not show my vehicle passing the sign during restricted hours, nor does it show any subsequent movement by the vehicle including whether it parks, stops or traverses the restricted length/area. As such, it is not sufficient to simply show that my vehicle was in or entering a pedestrian zone, as this does not necessarily mean that I contravened any restrictions.
 
I would like to request to see the video or photographic evidence of my alleged contravention. As per the guidelines provided by the council, this only applies if the contravention includes the words "failing to comply with a sign". Given that the contravention code for my PCN does not include such wording, I believe I am entitled to view the evidence.
 
In light of the above, I strongly believe that the parking contravention 54 did not occur, and I respectfully request that the PCN be cancelled. I trust that you will take my arguments into consideration and reach a fair decision.
 
Thank you for your time and attention to this matter.
 
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on July 03, 2023, 11:51:08 pm
Quote from: Council_fight_back on July 03, 2023, 10:04:47 pm
Sorry for the delayed reply. I have had a search on my PC and can't seem to find the informal representation. Is there a way I can request this from the council?
If you email suspension.dispensation@newham.gov.uk and cc Anthony.Polston@newham.gov.uk they should be able to provide you with a copy.
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on July 03, 2023, 11:50:14 pm
Quote from: rsg444 on July 03, 2023, 11:07:54 pm
There is no informal challenge, Newham force you into making formal reps as the PCN was issued by post.
Nonsense, it's a roadside PCN, see the link for "PCN front & back" in the opening post.
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: rsg444 on July 03, 2023, 11:07:54 pm
There is no informal challenge, Newham force you into making formal reps as the PCN was issued by post.
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: Council_fight_back on July 03, 2023, 10:04:47 pm
Sorry for the delayed reply. I have had a search on my PC and can't seem to find the informal representation. Is there a way I can request this from the council?
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on June 23, 2023, 09:37:42 am
The fact that the sign had previously been vandalised and the CEO took a photo a photo of his handheld device rather than a photo of the sign makes me very suspicious.

Can we see the informal representations please?
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: Council_fight_back on June 23, 2023, 12:03:59 am
Informal rejection https://imgur.com/a/mMBjxfR (https://imgur.com/a/mMBjxfR)
Title: Re: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedest
Post by: cp8759 on June 22, 2023, 11:22:21 pm
Post the informal rejection please.
Title: Notice to owner stage: Newham Council PCN Hoy Street No.2, Restriction on vehicles entering and waiting in a pedestrian
Post by: Council_fight_back on June 22, 2023, 09:55:34 pm
1. Newham council
Contravention 54 failing to comply with restriction on vehicle entering and waiting in a pedestrian zone
Hoy Street -GSV (https://www.google.com/maps/@51.510851,0.012368,3a,75y,49.98h,77.05t/data=!3m6!1e1!3m4!1sZmeKeRWeZpT_WdDqB5Wqxg!2e0!7i16384!8i8192)

2. This is the second PCN that I have gotten on the exact same street which I created the following thread for the previous PCN pepipoo forum (http://forums.pepipoo.com/index.php?showtopic=148043&st=0). My difficulty with this area is that there is never any available bay parking when I arrive, so it leaves me with having to park on this road which I have done so for over 6 months. Along with this all around the area there are damaged parking signs. This is the 2nd PCN I have received since getting the initial PCN for contravention 62: Parked with one or more wheels on or over a footpath, I have tried to avoid parking where the council seem to think the footpath begins. This seems to have worked by not receiving another PCN parked on Hoy Street since the initial one. On this occasion, I received a PCN for a different contravention, but I only noticed when leaving the next day that the pedestrian and cycle zone sign had been replaced which was previously vandalised (Image (https://imgur.com/kOvI0dN)). I missed the pedestrian and cycle sign that had been installed before I parked up the night before.

I also noticed that the sign isn’t very visible at night especially when you make a sharp turn onto Hoy Street when coming up the one-way street.

I made a challenge on the 25th of March which was rejected and now I have the notice to owner.

3. PCN front & back (https://imgur.com/a/8eNoNud)
There aren’t any signs to show you are in a pedestrian /cycle zone whilst you are on Hoy street too. Here are the images of the signs the 1) Beginning of Hoy Street which has recently been replaced. 2)Middle of Hoy street with view of the ‘end of pedestrian’ sign 3) close up of ‘end of pedestrian’ sign https://imgur.com/a/oqiCs5N (https://imgur.com/a/oqiCs5N)