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#Post#: 13568--------------------------------------------------
No.1 NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: Hnaz
Date: January 10, 2024, 3:48 pm
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Hi,
So I had initially done 1 thread with all related PCN's but as
it was getting chaotic I will posting as separate threads.
So this road has been permits only but since I believe before
COVID some signs on the street have been sprayed. So of course
everyone was parking in these bays to avoid getting tickets.
However, back in September someone went and sprayed all the
signs on this road which led to the council sticking warning
tickets on cars saying the signs will be cleaned and you could
get a ticket. I believe I got 1 warning ticket and after that I
got a few PCN tickets because I was told the signs are sprayed
so I can appeal it... So I appealed them all and eventually
stopped parking there but now they have started to reply back to
me and have rejected all my appeals ! They also cleaned all the
signs this weekend 09/12.
I am hoping that I can appeal these again with help from
everyone on here because I really do not want to have to pay the
otherwise hefty charge !
So this is the road and I have highlighted Meeson Road too as
these signs were also blacked out.
HTML https://maps.app.goo.gl/wFhtGiPnBsGt2Y9W7
[attachimg=1]
-- The 1st PCN is PN36819479 to which I had appealed but don't
have a copy of my reply but I basically said that the signs were
sprayed making them void so you had better cancel this ticket.
[attachimg=2]
[attachimg=3]
[attachimg=4]
HTML https://i.imgur.com/gVuuniA.png
HTML https://i.imgur.com/D1JGVXW.png
HTML https://i.imgur.com/jQVHKvN.png
And this was their reply to my first appeal :
**
Thank you for your correspondence received on 09 October 2023
regarding the above penalty charge notice (PCN). Your comments
and the notes of the Civil Enforcement Officer (CEO) have been
considered.
Your vehicle was observed at 08:36 Parked in a residents' or
shared use parking place or zone without a valid virtual permit
or clearly displaying a valid physical permit or voucher or pay
and display ticket issued for that place where required, or
without payment of the parking charge in Dirleton Road.
You have stated that the signage was blacked out. The grounds
for cancellation have not been established. it is not reasonable
to ignore a sign simply because it is not in immaculate
condition. On this occasion the photographic evidence indicates
that this was not the case. The Council illustrates this
restriction either by means of time plates which stand erect
adjacent to the aforementioned permit bay(s) or by placing a
Controlled Parking Zone (CPZ) entry plate at the entrance to the
CPZ. The CEO photographic evidence shows sign at the entrance to
the CPZ. Under the new TSRGD (Traffic Signs Regulations and
General Directions 2017) (amended) bays are no longer required
to be linked. An upright sign on the traverse line of the first
bay is applicable to all bays UP TO 30 metres from where the
sign is in both directions even if the bays are not linked. The
contravention occurs when a vehicle waits / stops / parks in a
residents’. The Council expects motorists to have a valid
virtual permit or a valid virtual visitor’s permit, if they do
not, they will receive a Penalty Charge Notice.
You have not satisfactorily demonstrated in your appeal that an
exemption applies. The other points submitted in mitigation do
not justify the cancellation of the PCN. There are control
parking signs at the entry and exit points of the Controlled
parking zone.
In conclusion, having taken all aspects of this matter into
consideration, no justification for cancelling the penalty
charge notice has been found.
**
So I didn't pay any of these tickets and have received the below
NTO :
HTML https://i.imgur.com/LDjVZdF.png
HTML https://i.imgur.com/jrrrQ3R.jpg
HTML https://i.imgur.com/S3LVYK6.jpg
Also, the CEO always takes a picture of the CPZ sign which is on
the main road where there is also permit only bays.
I hope I have given enough information but let me know if you
need anything else.
Thanks !
[attachment deleted by admin]
#Post#: 13759--------------------------------------------------
Re: No.1 NEWHAM PCN CODE 12 - Permit Holders Only Sign Sprayed -
Dirleton Road
DIR By: mrmustard
Date: January 14, 2024, 4:18 pm
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I recommend keeping this nice and simple.
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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.
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