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« on: September 25, 2025, 11:32:41 am »
Dear all,
I was wondering if you can assist.
My father in law who is a builder was doing some works at a property in Newham for one of his customers. The property is in a CPZ. He parked on the same street to unload some bath panels. He saw the CEO arrive on his scooter and told him he was unloading, the CEO nodded his head and continued riding his scooter. FIL returned to his van to find a PCN affixed. He appealed on the grounds on unloading building materials. He provided a receipt showing the goods, gave the address of where he was working. Explained the what the goods were (large bathroom wall panels and adhesives) and provided evidence from Newham's website that unloading/loading is permitted in CPZ and that you can do so for up to 20 minutes.
The following is their response to his informal challenge - it appears to me to be Procedural Impropriety as they clearly haven't considered the points - if they had they wouldn't mention in their letter the address that was given to them and then a paragraph later state that he didn't provide the address of where he was unloading them to. I'd go as far to say that copying and pasting the points to somehow prove they've been considered but then only to contradict themselves later on with the generic part of their response is clearly failure to consider. Any assistance and guidance will be much appreciated.
Thank you for your correspondence received on 08 September 2025 regarding the
above penalty charge notice (PCN). Your comments and the notes of the Civil
Enforcement Officer (CEO) have been considered.
Your vehicle was observed at 10:39 Parked in a residents' or shared use parking
place or zone without a valid virtual permit or clearly displaying a valid physical
permit or voucher or pay and display ticket issued for that place where required, or
without payment of the parking charge in Gresham Road.
You have stated that you were unloading building materials for work at 47 Gresham
Road. You informed the Civil Enforcement Officer (CEO) that the unloading would
take 15–20 minutes, and he acknowledged this before leaving. Despite this, a PCN
was issued after only 7 minutes of observation. You locked your van each time due
to high-value tools inside, and there were no loading restrictions in place. According
to Newham Council’s guidance, loading/unloading is permitted in Resident Permit
Bays. You have also provided a receipt as evidence of the goods being unloaded. In
light of these circumstances, you respectfully request that the PCN be reconsidered
and cancelled.
We have carefully reviewed your comments and the available evidence; however,
we have not found grounds to cancel the penalty charge.
After reviewing the Civil Enforcement Officer's (CEO) notebook, we found no
evidence of a conversation between the driver and the officer. Without supporting
evidence, we cannot consider the conversation you mentioned.
You have stated you were loading your vehicle, however the Civil Enforcement
Officer (CEO) observed your vehicle for 7 minutes and did not see any loading or
unloading taking place. Therefore, the PCN was issued correctly.
London Borough of Newham
Parking Correspondence
PO Box 71575
London E6 9LY
25 September 2025
Although you have stated that the vehicle was parked at the location for the purpose
of loading and unloading and have provided a receipt, it is missing key information.
This includes details of the goods being loaded or unloaded, the date and time of
collection and the address where the goods were being delivered or collected to
confirm that the vehicle was being used for a delivery or collection at the time of the
offence.
Please note it is the responsibility of the driver to be aware of the restrictions that
operate in the areas they choose to drive and park. The driver must keep a proper
lookout, check signs and ensure that they adhere to the restrictions, and ensure their
vehicle is legally parked before leaving it unattended.
In conclusion, having taken all aspects of this matter into consideration, no
justification for cancelling the penalty charge notice has been found.
The discounted payment of £80.00 will be accepted in full and final settlement
if paid not later than the last day of the period of 14 days beginning with the
date of service of this letter.
You can view evidence of the contravention online at parking.newham.gov.uk by
selecting ‘View a PCN.’ You will need your PCN number and vehicle registration
mark (VRM).
If payment is not received within this time, the full penalty amount of £160.00 will
become payable.
Payment should not be made if you wish to pursue this and want to make formal
representation, as payment is seen as an acceptance of liability and will close the
case.
If payment is not received as detailed, I shall assume that you wish to pursue the
matter and shall arrange for a Notice to Owner to be sent after the period of 14 days
to the registered keeper of the vehicle so that formal representations may be made.
Should these be rejected, the registered keeper of the vehicle will then be offered the
opportunity to appeal to the Environment and Traffic Adjudicators. I should point out
that, should you decide to take this course of action, after the discount period has
expired, you will forfeit the right to pay the Penalty Charge at the lower rate and the
full charge of £160.00 will be due.
If you are not the registered keeper of the vehicle, for example the vehicle is a
company or lease/hire vehicle, or being used with the owner`s consent, I suggest
you advise the keeper that a Notice to Owner will be issued.
Please note that Newham Council is unable to consider any further correspondence
at this stage regarding this penalty charge notice.