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Messages - Incandescent

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46
London councils, which include Redbridge, and also TfL, are now getting around £650 million a year from parking and traffic penalties. Any hope of them acting fairly is very misplaced because they are just totally ignoring government guidance.

An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

Enforcement authorities have a duty not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.

They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings.
Quote
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 https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

47
Apropos Hippocrates winning five cases against Greenwich, I suggest the OP reads this first before coughing-up: -

https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted

Schedule 1, Clause 7 (6)



48
There is an advance sign on one of the Bath Road approachs: -
https://maps.app.goo.gl/pmjozxhAPWsR26wN6
but nothing on the A3044 approach, or on the other Bath Road approach

GSV is dated July 2024, so the signage may have been improved, but it does look as though the signage is inadequate

49
If the adjudicator omitted to deal with your main point then a request for a review is valid, I think. You only have 14 days from the decision to request one. Ask for one in the "interest of justice"

50
So essentially, TfL are breaking the law by continuning to serve postal PCNs at this location.

They continue to break the law because most people getting a PCN just cough-up without ever going to adjudication. It seems to me that the criminal offence of malfeasance is quite clearly being committed here. I don't suppose any TfL officials will be going to jail, though.

51
Have you requested a review of the case ?

52
Can't read your case.You need to set it to 'Public'

53
They can serve an NTO up to 6 months after the PCN date but usually do so much quicker. If there is no status update on the site then all you can do is wait for postal service to the registered keeper's address.
Statutory guidance confirms this, but says they are expected to serve an NtO within 56 days, and only exceptional circumstances would justify a longer period.

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

54
Yes, a possibiity, although I think you'd need the "right" adjudicator at London Tribunals. The car was only prevented from exiting the box due to moving vehicles in the opposite direction. But OP mus risk the full PCN penalty, of course.

55
We need to see the video before commenting, so please post the PCN number and the car registration, or go onto the Redbridge website, find the video and post it here.

56
Parking off-carriageway has been an offence in London since the mid-70s and requires no signs or lines. Neither is a Traffic Order needed, because the offence is contained within an Act of Parliament.

So even if the road is a service road accessible by the public, the restriction still applies. However, I may be wrong so wait and see what the others say.

57
Parking PCNs at the roadside are served under the Traffic Management Act 2004, so require a Witness Statement at the Order for Recovery stage.

The form is PE3 and can be downloaded from the TEC website: -
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

58
My view is that you would lose an appeal at London Tribunals, unless Hippcrates or cp8759 can suggest a 'technical' appeal. The sign is clear enough and only stopping for a short time is not grounds for cancellation.

59
Hi!

I have just had the exact same issue - I got 7x 50J in the same place. I have missed the deadlines for appeals as I wasn't in the country. Now each fine is £240 and being sent to debt collection which adds to the cost.

Anyone know how I can freeze this situation and get them to understand that I was not in the country to receive those letters or appeal within 14 days which is an incredibly short timeframe.

Thanks!
pPlease start your own thread. The rule is on original poster per thread. However, keep looking at this one if it helps you.
If your case has gone to bailiffs, the only way to revert to the PCN stage is to submit an Out-of-Time Statutory Declaration, one per PCN.

60
I also saw the markings at the rear of the front wheels, but was waiting for the GSV view to confirm them. Its quite surprising to see the council error with the bays boundary marking. GSV shows two lines in 2021: -
https://maps.app.goo.gl/Df6saL8tNYfsWd297
then three in 2024 :-
https://maps.app.goo.gl/bhioCgHyigqpxBZt8
but is this error an appeal winner ?

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