Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: pulkitbawa@gmail.com on November 05, 2023, 01:46:37 pm
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It turns out that was a mistake, as the footway parking resolution has been lost or destroyed.
There is a very interesting decision about this from the Information Commissioner's Office here (https://ico.org.uk/media2/qredfgzd/ic-327409-y3q6.pdf).
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Thanks for the response, apologies as i was trying to get a response and there was no response and as the time was nearing for the penalty so i paid the ticket, the reply was after i paid. Apologies.
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You need to wait for the notice to owner, let us know as soon as you've received it.
I take it you're the registered keeper and have the V5C, and the address on the V5C is up to date?
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Can you please advice on the next steps?
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Hi Team,
Please see the response attached from Havering Council, basically they have rejected the appeal.
I am hoping that you will have a footway parking resolution copy (which you were hoping to have it by 5 December 2023)
Could you please guide me with the next steps.
Kind Regards,
Pulkit
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You can make representations here: https://parking.havering.gov.uk/Pages/OnlineReferenceEntry.aspx?loadtype=INFORMAL
As John says, keep a copy of what you send and a screenshot of the confirmation page.
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THanks, Can you please guide me how to make representation for this? Do we need to do it online? or need to do that in post?
You haven't posted the back of the PCN, but according to the front, the instructions on submitting a challenge are to be found there.
Most Councils now offer facility for submitting online. If there is a character limit and your challenge exceeds it, attach the challenge as a PDF.
Keep a copy and a screenshot of any acknowledgement/receipt.
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THanks, Can you please guide me how to make representation for this? Do we need to do it online? or need to do that in post?
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Yes that looks fine for an informal representation.
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Draft below, let me know if that is good enough or light on details and we need to amend this
Dear Havering Council,
I write to you in regards to the PCN HG21280863, issued on 31/10/2023 at 20:08 at Cambridge Avenue, Romford. We were visiting our friends to celebrate Halloween and a Birthday party. It was evening time about 6pm when we reached and it was raining. I parked my car in front of the pole (evidence attached) and couldn't see any sign stating that I cannot park my car with partial wheels on the footpath and rest on the road. I could see that lot of cars were parked like that and so i deemed appropriate to park like that. To my horror on my return, I saw the PCN was attached to the windscreen.
Its my first time that I have received PCN for this offence from Havering Council and I was unable to check any photographic evidence on the website showing that what was done was incorrect. In light of this, i would appreciate if you could cancel the PCN.
I look forward to hearing back from you.
Kind Regards,
Pulkit Bawa
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How do i request plea for discretion to buy time?
You just make a representation asking the council to cancel the penalty. Write a draft and put it on here for review first.
Also the sign is on the other side of the poll. When you park the pole in front doesnt show anything and also that there is no evidence of the photograph from the council.
Yes, but if we get to the tribunal they might produce further photographs.
When do you think you will have the footway parking resolution?
I should have it by 5 December.
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Thanks for your time.
How do i request plea for discretion to buy time?
Also the sign is on the other side of the poll. When you park the pole in front doesnt show anything and also that there is no evidence of the photograph from the council.
When do you think you will have the footway parking resolution?
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That sign is clear enough to be honest, you can see what it means. Parking on the pavement is prohibited everywhere in London unless there are signs specifically telling you that it is allowed.
I have requested the footway parking resolution, in the meantime your best bet is to make a plea for discretion to buy time. If you're lucky, the footway parking resolution might allow footway parking on the whole street, in which case your would be legally parked notwithstanding the signs.
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Please see the other side of the pole as requested.
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See the sign highlighted in red?
(https://i.imgur.com/YTEgcCY.png)
You need to get a picture taken from the other side please.
We can see here https://maps.app.goo.gl/xANQq9euGDYzGxD68 that it was pretty faded 3 years ago, but you need to find out what it looks like now.
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Hi Everyone,
I am writing to seek advice and guidance if possible to overturn this PCN. I was out to a friends house on Hallowen night 31/10/2023 and the PCN was issued at 20:08. The PCN was put on my car windscreen, it states that the penalty is given under the code: 622 stating that the car was parked with one or more wheels on or over a footpath or any part of a road other than a carriageway (partly on footway). it was also raining that evening as well it was dark and gloomy. There is a lamp post ahead of my car and there was no clear sign showing that I am unable to park with one wheel over the kerb. I have also checked the Havering website and there are no video or photograph evidence been uploaded on the website.
Please see the photo attached of the PCN notice. I have also attached pictures of the street and the pole.
Google View of the road it is the right side of cambridge avenue as you enter from Ferguson Road.
https://www.google.com/maps/d/u/0/viewer?mid=1JEkfH9bJtMKrVCMHrKGPP_QmMys&hl=en_US&ll=51.589759436194534%2C0.21315498029679247&z=19
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