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Messages - 4977

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2
Will they offer it at £70 if the NtO formal appeal is rejected?

3
Should I wait for the NtO to make a formal challenge or would it be best just to pay it at this point?

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Appeal submitted. Will update with the result.

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An update on the V5C. I have spoken to the DVLA and there was an error when the documents were submitted. They have advised me to apply for a new V5C. What does that mean in terms of this PCN?

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Hows this?

RE PCN JK…

I would like to challenge the PCN issued to my vehicle on the following basis:

I would like to question the legitimacy of the PCN:

The PCN has been issued to a location named as ‘Outside Car Park - Croxted Road Estate’. At the entrance to the estate there is a sign that reads ‘Private Estate - No thoroughfare (please see photo attached). There is no other signage.

If this land is private, then I would like to question whether a Civil Enforcement Officer has the authority to issue a ticket.

Furthermore, if this land is a car park, the Parking Code of Practice states that operators must ensure signs are clear, unambiguous, and prominently displayed, detailing parking charges, terms and conditions, and any limitations. There are no signs displaying this information.

There is no signage that states ‘Croxted Road Estate’ therefore the description of the location on the PCN is vague.

If instead of being a car park this land forms part of a highway and the alleged offence enforced under a Road Traffic Act/Order, then the location given is incorrect. In addition code 81 would be an incorrect code to use for the alleged offence (as this relates to off-street car parks/housing estates and not highways).


I would also like to raise the following mitigating factors:

   The vehicle was parked directly outside of my home. I have parked here on numerous occasions over the past 3 years and have not received a PCN, nor have I seen a Civil Enforcement Officer, nor been given any advice/guidance around parking.
   On the morning in question there was no parking available in marked bays. As a service charge payer to Southwark Council I expect to be able to park on the estate where I live. You will be aware that there are no permits required to park on the estate, which is a choice made by the council resulting in lack of parking for genuine residents.
   The yellow lines around the estate are broken and faded (see attached photos). This suggests that they are no longer compliant or required to be observed.
   I would also draw your attention to the fact that the vehicle is parked in front of an electrical substation - this is not impeding access to any of the garages to the left and therefore the sign ‘No parking in front of garages’ has been complied with.


Given the reasons I have outlined above, I would kindly ask that you cancel this PCN. In addition, as I have recently taken ownership of this vehicle and I have not yet received the V5C, please ensure that any replies, the Notice to Owner or any other correspondence is sent to the correct address as follows:  .. Glazebrook Close, Se21

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I agree. 'Croxted Road Estate' is the description the council apply to the whole estate. Residents use road names. I've always found it a bit bizarre - is it an estate with parking or are they roads? I have seen people clamped for no tax which would suggest the roads are adopted highway. But then there are signs saying private estate!

Regarding the V5 - I bought the car at the end of March and I am yet to receive it. How would this affect any appeal?

Should I wait to see if I receive an NtO before I appeal?

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I just added the photo of the sign at the entrance to the estate; 'Private Estate'.

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There are no posted terms and conditions. No permits are required to park here.

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Hoping for some help.

My vehicle was parked outside my home yesterday morning and I received a ticket for parking on yellow lines. My vehicle was reversed directly in front of the electrical substation doors.

Mitigating factors - I have lived here for 3 years and to my knowledge parking enforcement has never taken place; the vehicle was directly outside my home due to lack of parking spaces on the estate (permits are not required); I have frequently parked here in the past.

Potential appeal reasons - incomplete yellow lines?

I'm open to any suggestions for appeal if anyone can help. I'm pretty sure this is council owned land not owned by an association.

https://photos.app.goo.gl/MR69KeVYYExFAb9q9

https://maps.app.goo.gl/xNJJhGqeSSTFkYYt9?g_st=ac

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Request for representation

Sorry - I thought I should make that clear from the beginning.

I have received a PCN for the same location. I initially appealed using the granted appeals above as a basis. This was rejected by the local authority and I have now appealed to the tribunal service. The appeal wording is below.

Please could I request representation? Hearing is to take place on a Tuesday in November. Happy to be messaged privately if someone is able to help.

Thankyou :-)



An adjudicator has previously allowed an appeal
under case number 2240047190 at this location for the following reasons:
"I am allowing this appeal because I am not satisfied that the signage is adequate to
alert motorists to the prohibited route. The CCTV footage shows a single no entry to
motor vehicles sign on the left hand side of the road. The sign is placed at the end of the
traffic island and, in my judgement, is unlikely to be seen by the motorist until they have
entered the island carriageway by which time there is no means of avoiding entry into
the prohibited route. The motorist's attention on the approach is likely to be on the island
sign directing traffic to bear to the left of the sign. There is an advance sign which is a
blue rectangular sign with a small no entry to motor vehicles roundel for 50 yards ahead.
This sign is placed at the far edge of the pavement on the right hand side of the road
adjacent to parking bays and could easily be missed by a driver in the carriageway to
the left. In my judgement, this sign is no substitute for adequate signage at the entrance
to the prohibited route."
I wish to challenge the PCN that has been issued to my vehicle for the reasons outlined
by the adjudicator above. It appears that none of the signage or road layout has been
changed since the adjudicator made the above findings.
I would also like to draw attention to the no entry to motor vehicles sign. Both the photos
and video footage seem to show that the sign is not perpendicular to the carriageway
and is angled towards the buildings on the left making it difficult to see from a low down
drivers position in a right hand drive vehicle.
I am also aware of further successful appeals that have been granted by the
adjudicator, namely appeal numbers 2240220841 and 2240328826 both of which found
the signage at this location to be inadequate.
I kindly request that you take into account the above information and allow this appeal.

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