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Messages - miirder

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Some thoughts. A long version which could serve as the basis for an appeal if matters get this far.
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Hi HC Andersen,

Success! The PCN was cancelled. Thank you for taking the time to write up that appeal, much appreciated!

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Hi HC Anderson. Thank you for taking the time to write up that, I really appreciate your work. I have submitted my formal representation this evening, lets see what happens!

Regards
K

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OP, pl let me re-read the thread. I've just moved house, so I've not been as engaged with threads as I would have been otherwise.

Hi HC Anderson and Stamford,

I have about 10 days left to make formal representations. I would really appreciate some guidance on drafting formal representations as soon as possible please.

Many thanks

K

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OP, pl let me re-read the thread. I've just moved house, so I've not been as engaged with threads as I would have been otherwise.

No worries, thank you both. I look forward to your replies.


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I'm sure Mr Andersen will chip in here but this can be made simple - footway parking is signed in this location contrary to the rejection that says it is not allowed there - or complicated if the dog's dinner is addressed.

Hi Stamford,

Are there any resources on here with which I can draft formal representations?

Thanks

7

If so, simply wait for the NTO and we'll help you draft formal representations.


Hi, thank you all so far for all of the help you've given me. I have just recieved an NTO in the post a few days ago. Is there a preferred way of submitting formal representations? I'd appreciate some help drafting a letter or whatever you may suggest.

Many thanks

K

8
No, you don't need to pay for a lawyer. It does not go to court, but the traffic penalty tribunal. There's some splendid volunteers here who may offer to represent you.

In one of the council pics there is what appears to be a yellow sign taped or cable tied to a post. could that be a notice suspending parking in that area?

Thanks for the reply. I will look into representation when the time comes.

The yellow sign would be a planning permission thing, where the council notifies local residents of proposed building works where they can object etc, I often see them on lamposts near me. It is defintely not a suspended parking sign.

Thanks

9
This is the enforcement process:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

Are you the registered keeper with current DVLA details?

If so, simply wait for the NTO and we'll help you draft formal representations.

Don't forget, the authority is still 'judge in its own cause' so be prepared for General Melchett to respond i.e. 'If nothing else works, a total pig-headed unwillingness to look facts in the face will see us through.' AKA do you expect the council to change years of administrative practice and pay to remedy its signage debacle just because of your reps?

So, reps rejected; appeal lodged; authority doesn't contest; you win AND then they carry on in their ill-informed, unlawful and merry way to penalise more motorists.

Truth IS stranger than fiction.

I am the registered keeper yes. Its weird as mentioned before, my family has been parking like this for 20+ years, never got a ticket until now. I will keep an eye out for the NTO and will post an update when I recieve it.

Thanks

10
IMO...

I'd love for this to get to adjudication!

OP, I'll break down the absolute nonsense of the markings and signs.

Thank you for the in depth explanation. From what I understand, Ealing dont have a leg to stand on, as their own signs and markings contradict eachother. What would the next steps for me to take? It looks like going off the letter, I have to wait 28 days for a notice to owner to be sent to me, which I them have to submit a formal representation. Is this typically done in person in a court setting? Do I need to contact a lawyer?

Many thanks

11
Post the PCN and your challenge.

What is the Google Maps location. https://maps.app.goo.gl/VxJbD7V3iYCDCB9B6

Looks like nonsense as they say footway parking is not allowed at this location so have just sent a template.

Have you posted all the council pics? All 6 of the council pictures are in the imgur gallery

The sign suggests 2-wheel up parking on the footway but the yellow line rules that out so the all wheel up bay looks like what it is.

So no contravention.

My challenge is in the imgur gallery as are all 6 of the council pictures


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Firstly, I just discovered this forum so unfortunately have already challenged this and had it denied. Details are below.

All images including PCN images, Notice of decline of challenge letter, my images of position of car at time of PCN, google map showing the area.
https://imgur.com/a/qiultro

As you can see in the images, my wheels are pretty much inline with the curb, any closer and my cars at risk of being sideswiped (this happened to my van a year ago). Additionally, the markings for the bay parallel to the road are non existent or in poor condition. Their pictures conveniently didn’t include images closest to the road (these are attached). This road is a residents permit area of which I am a holder of. I'm aware of the blue sign showing half the car on the pavement and half on the road. With this being a single yellow line, I'm unsure if parking like this would be allowed. My family has NEVER seen cars parked half on the pavement in the 20+ years theyve lived here, so I would be hesitant to be the first person doing so, considering this is a fairly busy road.

If we’re going to be pedantic, their resident permit policy states vehicles over 1.83m in width are not permitted. Curbstone to paver this bay measures 1.825m. The inside of the curb to paver measures 1.67m. I was approx 20cm over the supposed bay. There’s 1.7m of pavement still left, not causing a hindrance to pedestrians. We have been parking in bays on this road for 20 years+, never had a problem until this PCN was served. I have a feeling this was done as they have recently resurfaced this and local roads including the white parking bay lines, although these have not been painted on this road yet, so are still in poor condition.

Any guidance on whether this is worth taking further to tribunal, or if I am indeed in the wrong, would be appreciated

Many thanks

K

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