DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 13692--------------------------------------------------
Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: RW33
Date: January 12, 2024, 8:02 pm
---------------------------------------------------------
I received a windscreen PCN for code 16 - parking in permit area
without displaying permit. It was disabled permit bay, where the
driver was not aware of the permit space or zone, as the lines
outlining the restricted zone was obscured by fallen leaves the
night before when the driver parked the vehicle. There are no
secondary signage or vertical post identifying the restricted
zone. So the driver had nothing to indicate any restriction. No
other restriction on parking exists on this street. My
representation detailing that was rejected without any
explanation. I am waiting for the Notice to Owner to appeal that
The obscured lines can be seen in the enforcement officer's
photos. The leaves were pilled thicker the night before and in
the darkness the lines were not visible at all. Even in daylight
from a drivers point of view the lines are not visible, as can
be seen in my own photos from the night before.
Any help with my appeal will be greatly appreciated. It will be
also good to know if my appeal is unlikely to be successful so i
can pay the discounted fine. I have attached links below for the
relevant documents.
PCN -
HTML https://imgur.com/a/HJpDBoY
Enforcement Photos -
HTML https://imgur.com/a/PoXr2oQ
Google map -
HTML https://maps.app.goo.gl/3j4BiQQnEeGZFSxN7
My photos -
HTML https://imgur.com/a/Qyb6Iov
Representation -
HTML https://imgur.com/a/oPAhaLi
Rejection letter -
HTML https://imgur.com/a/hGJb3Ld
#Post#: 13700--------------------------------------------------
Re: Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: mrmustard
Date: January 13, 2024, 3:22 am
---------------------------------------------------------
Unusual for there not to be a bay sign and although words
painted on the road may be enough in law I don't think the
council would win at the tribunal in this set of circumstances.
Also, the 28 days is wrongly expressed, it should refer to the
alleged contravention date and I have won with this argument at
the tribunal. Email me once you receive the Notice to Owner.
mrmustard@zoho.com
#Post#: 13719--------------------------------------------------
Re: Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: RW33
Date: January 13, 2024, 11:37 am
---------------------------------------------------------
Thank you. I will wait for the NTO and get in touch then.
#Post#: 13728--------------------------------------------------
Re: Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: Hippocrates
Date: January 13, 2024, 1:51 pm
---------------------------------------------------------
Trust Mr M.
2230448785
#Post#: 16046--------------------------------------------------
Re: Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: RW33
Date: February 21, 2024, 4:11 pm
---------------------------------------------------------
For the forum, here is the NTO for this PCN, with the full
penalty charge now due. I will email Mr M. as well.
NTO Page 1-4 -
HTML https://imgur.com/a/LT6Oeox
#Post#: 30747--------------------------------------------------
Re: Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: mrmustard
Date: July 23, 2024, 2:13 am
---------------------------------------------------------
Time to bring you all up to date.
I made the formal representations on 27 February that without a
sign the restriction was not adequately communicated if parking
at night.
The council rejected the reps on 2 April on the grounds that
signage was OK.
On 3 April I started the Appeal to London Tribunals.
There was an in person hearing on 9 May (one of several I had
that day) and the adjudicator didn't have time to write up all
of his decisions and then was away for a month. I nudged him 2
weeks ago when I saw him again and he has now written up the
decision.
case 2240155513
The Appellant’s grounds for contesting the PCN as set out in his
original representations were that the carriageway legend
DISABLED showing the nature of the bay was obscured by leaves.
Whilst the photographs, taken in daylight, show that it was not
entirely invisible, nevertheless its visibility was
substantially compromised, and I am not satisfied that for a
vehicle parking in the hours of darkness, as occurred in this
case it would be clear enough to draw the motorist’s attention
to the fact that the bay was a disabled bay. A time plate is no
longer required but this is a case where if one had been present
I might well have held the signage to be adequate.
The Appeal is allowed for this reason and it is therefore on
this occasion unnecessary to consider the other arguments
advanced by Mr Dishman.
#Post#: 30748--------------------------------------------------
Re: Enfield - Code 16 - Fallen leaves on permit bay marking -
Princes avenue
DIR By: mickR
Date: July 23, 2024, 2:27 am
---------------------------------------------------------
well done
*****************************************************
Page 1 of 1