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Messages - C_H_R_I_S

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1
Their website is pants. Why? No grounds. Let's play Scrabble instead:

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I am seriously vexed by this council's incompetence and attitude.

Wow - well my success rate even with your help is about 65% so Im not sure I would risk an appeal now unless I was given a good argument.

This is disgraceful of them.

2
OP, I don't know where you're going with this at the moment.

IMO, you won't get them to cancel whatever arguments you put forward. What your reps will do os to draw their reasoning after which you could put more a detailed argument in formal reps.

I thought I could park with two wheels on the footway as other motorists can be seen to be doing in the CEO's photos. There are some historical markings along the road but these are widely ignored by both motorists and CEOs.

Did you submit the FoI request to the council, not parking?

I didnt - what would that achieve?

3
Have you sent the FoI request?

Have you seen footway parking signs in the area?




So i see this TINY sign at the beginining of a road BEFORE Oates road that I parked on. Surely this is insufficient signage considern I parked about 300 metres away from it with no other visible signs.

4
using Google street view I can see the pavement parking sign on Charlotte gardens (near 146) saying in marked bays only

I think that sign will apply to Oates Road.


https://havering.traffweb.app/traffweb/1/TrafficOrders

Here i see it allows 2 wheel parking. I didnt see any sign NEAR where I was parking stating I had to be exactly within the lines.

5
Was there a resolution to this?>

6
THIS WAS A SIMILAR CASE https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/havering-pcn-parked-on-footpath/
From @cp8759:::::
Of course this should not be raised at this stage as we don't want to alert the council as to the evidential deficiencies in its case. For now a simple representation will do:

Dear London Borough of Havering,

I contend that on this occasion no contravention occurred, if you seek to pursue this penalty charge notice please would you provide a copy of the footway parking resolution duly made under section 15(4) of the Greater London Council (General Powers) Act 1974. Without sight of the resolution, I have no way of knowing whether I was actually in contravention or not.

Yours faithfully,

Make the representation online and get a screenshot of the confirmation screen, in the meantime I'll use other means to get a copy of the resolution (assuming it even exists).



Seems like they allow parking but only within lines but theres nowhere stating this so it makes it very confusing for motorists.

7

I mean this is a sunday morning with no visible parking signs and i park in the spot but a bit out of the lines.

Ive seen plenty of cars park out of lines without gettingntickets - so from a purely common sense pov it seems ridiculous.

I only moved car further in as there was a car opposite me and ive been swiped twice in the last few months so wanted to park safely  >:(


So what should my argument be?


Please help.
Thankyou

8
Photos are now up:





You can see other cars parked there.
I am further in but you can just about see another car parked on opposite side of road which would have led to narrow space if I didnt move in.

Theres no law saying be exactly within markings or your fined as far as I can see.

Please help with this appeal wording if you can!

Thanks

9
Still no photos up but it could be they didnt take any?

10
Pictures aren't up yet -I'll check later.

Can you please post the back of the PCN.



Here you go

11
What is the car VRM. You've blanked it.

Or post the council pics yourself.

ls67usb

I tried to get the pics but it brought me to a council shopping basket  >:(

12
Yes  that is the reason.
But 1. no signage saying they have to be strictly adhered to
2. No signage saying inspectors were active
3. I had to move the car slighhtly over due to car on other side of road

13
So I parked in Romford on a pavement that had pavement markings on a sunday at 9am

This was a very residential road with no parking signs and just small markings on pavement that you could also park there.

Because there was a car opposite where i was parked and the road was narrow I moved my car slightly over the pavement parkings but leaving easily enough room for people to walk by it on the pavement.

I came back to this PCN







Parking Location:
https://www.google.com/maps/@51.6081408,0.1602629,3a,75y,63.61h,87.23t/data=!3m7!1e1!3m5!1sZIT6_vAFKQr7bYwW9F-EQA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.774080219905059%26panoid%3DZIT6_vAFKQr7bYwW9F-EQA%26yaw%3D63.60859777927444!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTExMy4xIKXMDSoASAFQAw%3D%3D





I literally just parked on a sunday thinking it was ok and was shocked to see this pcn.

These would be my 4 points of argument so far:


Necessary Adjustment Due to Road Conditions:
On the day in question, there was a car parked on the opposite side of the road, leaving insufficient space for other vehicles to pass. To ensure traffic could flow safely, I positioned my car slightly further onto the footway. This adjustment was made out of necessity and with consideration for other road users.

Lack of Clear Signage:
While I acknowledge the presence of footway parking markings, there were no visible signs indicating that vehicles must be strictly within the lines at all times. The absence of explicit guidance on this matter creates ambiguity, especially for slight positioning adjustments like mine.

Day of Incident:
The PCN was issued on a Sunday, a day when traffic is generally lighter and enforcement is typically less stringent in some areas. This further supports my decision to park considerately, prioritizing road safety over strict adherence to the markings.

Minimal Impact:
My vehicle was only slightly outside the marked area and did not obstruct pedestrian pathways or create any safety hazards.



What do you think of my case?

Thankyou!



14
SO The police responded but I would say with clerical errors given it doesnt really mention my offence and instead talks about seemingly unrelated information>

Is there anything I can do against this??

RESPONSE FROM POLICE:


CONDITIONAL OFFER OF FIXED PENALTY
We have evidence that you were the driver of the motor vehicle XXXXXXXX at the time of the alleged offence London on 30/07/2024 at 08:40 hours Contrary to regulation 110(1) of the Road Vehicles (Construction and Use) Regulations 1986, section 41D of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
Speed / Endorsable offences carry a maximum penalty of £1000 and 6 penalty points or £2500 and 6 penalty points (motorway offences). Traffic signal offences carry a maximum penalty of £1000 and 3 penalty points.

If it is your wish to contest this matter in court you may do so. If you do not wish to contest the matter then it may be possible to deal with it by a fixed penalty of £200.00 and the endorsement of 6 penalty points on your licence, by post without the need for court proceedings.

If you wish to be considered for a fixed penalty please read the instructions in Step 1 and Step 2 overleaf and follow them carefully. YOU HAVE 28 DAYS FROM THE DATE OF THIS NOTICE TO COMPLY WITH THIS CONDITIONAL OFFER. No proceedings will be instituted against you during that period, but failure to respond to this notice within that period will lead to proceedings. In those circumstances you will have an opportunity to have a court hearing of this case.
J Snell

On behalf of the Commissioner of Police for the Metropolitan Police
Important Notes
PLEASE NOTE THAT THIS CONDITIONAL OFFER IS ONLY VALID FOR 28 DAYS FROM THE DATE ON THIS LETTER.
** YOU MUST ONLY USE THE OFFICIAL PAYMENT METHODS AS STATED OVERLEAF **
TO ACCEPT THIS CONDITIONAL OFFER
If you wish to accept this conditional offer of fixed penalty, you can discharge liability to conviction by payment and providing your driving licence details. If you do not fulfil the requirements in Part 1 and Part 2 on Pages 3 and 4 within 2 days of the date of this notice, any payment made may be refunded or returned to you and you will then be prosecuted If your driving licence has eight or less penalty points endorsed in the last 3 years you can accept this offer.
The address details are provided in Part 2 on Page 4. DO NOT SEND ANY MONEY OR LICENCE TO POLICE
TO DECLINE THIS CONDITIONAL OFFER OR CONTEST THE MATTER
If you wish to decline or are unable to accept this offer, you can either write to us notifying us of your intention or alterna do nothing. Arrangements will then be made to the matter to proceed to court.
This notice is issued under sec. 34 Road Traffic Act 1991 and sec. 75 and 77 Road Traffic Offenders Act 1988



This is all because a crazy cyclist saw me look at my phone at a red light! Unbelievable

15
I literally looked at my phone while on a red light and a cyclist got up to my car and started telling me he could report me for that..

1 week later I get a letter from the police:

Use a handheld phone / device while driving motor vehicle on the road.

What can I do to get out of this?

A fine or points could cost me big long term with insurance companies.

is there anything I can do to lessen this burden?
Photo attached



EDIT : Car engine was also off due to stop start technology.
EDIT 2: https://www.judiciary.uk/wp-content/uploads/2019/07/19-07-31-DPP-v-Barreto-Ref.-CO2702019-Judgment.pdf
This is a case where they let the driver off while FILMING! because it wasnt a communication use of the phone.

In my case I looked at a text message but did not respond to it.

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