DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 13565--------------------------------------------------
Re: NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: Hnaz
Date: January 10, 2024, 3:02 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> OP, I can see this thread becoming chaotic - multiple PCNs,
unknown challenges, transposed replies which are different for
each PCN(although they share common misconceptions), more photos
than we need and which can't be linked easily to a unique PCN or
differentiated between the council's and the OP's and one NTO
which we haven't seen.
>
> IMO, you should run each PCN separately and start new threads
for the others when you receive their NTOs. For the moment in
this thread I would suggest that you:
>
> Post the NTO, the PCN and their actual response to your
challenge;
> Post their photos for this PCN.
>
--- End Quote ---
I agree I will post separate threads for each NTO
#Post#: 13717--------------------------------------------------
Re: NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: Hnaz
Date: January 13, 2024, 10:54 am
---------------------------------------------------------
I have put up 2 posts for the 2 NTO’s I received so any help
would be appreciated !!
#Post#: 13730--------------------------------------------------
Re: NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: Hippocrates
Date: January 13, 2024, 2:05 pm
---------------------------------------------------------
Did you post this on twitter recently?
The PCN is pants.
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
Occurred not date of service.
#Post#: 13743--------------------------------------------------
Re: NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: Hnaz
Date: January 14, 2024, 9:10 am
---------------------------------------------------------
No I haven’t posted this anywhere else but here.
Not sure what you mean by Date of Service ? Today is my last day
to appeal so help on writing back would be very helpful !
#Post#: 13758--------------------------------------------------
Re: NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: mrmustard
Date: January 14, 2024, 4:17 pm
---------------------------------------------------------
I recommend keeping this nice and simple.
---------------------------------------------------------
Formal representations PN36819479
The contravention did not occur as it was not properly signed.
The PCN is invalid.
It should never have been issued.
It is an abuse of process.
The onus on the council is contained within Regulation 18 of
Local Authorities' Traffic Orders (Procedure) (England and
Wales) Regulations 1996
18.—(1) Where an order relating to any road has been made, the
order making authority shall take such steps as are necessary to
secure—
(a)before the order comes into force, the placing on or near the
road of such traffic signs in such positions as the order making
authority may consider requisite for securing that adequate
information as to the effect of the order is made available to
persons using the road;
(b)the maintenance of such signs for so long as the order
remains in force
Please cancel the PCN.
#Post#: 19066--------------------------------------------------
Re: NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: mrmustard
Date: April 5, 2024, 2:00 am
---------------------------------------------------------
I dealt with PN37125522 by phone with the tribunal yesterday.
Here is the outcome:
I heard this appeal by telephone, speaking to the Appellant’s
representative Mr Dishman.
There is no doubt that the sign for the bay was defaced, and
seriously so, making its provisions illegible. Although I note
the Council’s evidence as to warning notices issued, Mr Dishman
has told me that the vehicle has changed hands; but in any event
I know of no authority to the effect that information as to
parking restrictions in force can be given other than by clear
and correct prescribed signage. Enforceability does not depend
upon the personal knowledge of individual motorists. As the sign
was defaced it ceased to be clear or compliant and in these
circumstances no contravention occurred.
Hopefully this will lead newham to look more carefully at other
PCNs of the same kind which are being challenged, by me, and
presumably others.
*****************************************************
Page 2 of 2
DIR Previous Page