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#Post#: 13941--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: fraser.mitchell
Date: January 18, 2024, 7:20 am
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--- Quote ---
> but I don't recall seeing any sign's noting a event day when I
entered the area with the event day parking restrictions.
--- End Quote ---
Here is the sign as per GSV March 2022
HTML https://maps.app.goo.gl/ZgQptLQdYrT53TeY9
So unless there was no even date on that sign, you look
bang-to-rights, I'm afraid.
#Post#: 13945--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: John U.K.
Date: January 18, 2024, 7:44 am
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--- Quote ---
> The event day restriction zones starts from when you leave
Leeside Road at the roundabout and go to any of the 3 exit
roads, such as Dysons Road which the driver did. Looking at
Google Maps Street View, there does not seem to be any signs
mentioning when the next event day is at this roundabout
junction so is it worth driving down there again to get some
pictures to see what is what in terms of signs that should be
there?
--- End Quote ---
NO.....
Having turned right off Meridian Way the driver entered the
Haringey Event Day Zone
HTML https://new.haringey.gov.uk/parking/cpzs/map-haringey-controlled-parking-zones-cpzs
here
HTML https://maps.app.goo.gl/M7jMcqjhxPWbVEzB6
This zone includes the whole roundabout where he turned right
onto Dysons Road and ends at the junction of Dysons Road with
Willoughby Lane, here
HTML https://maps.app.goo.gl/EdeEvPEXnrTZAi659
entering the Enfield EDZ 100 yards further on,
HTML https://www.enfield.gov.uk/services/parking/tottenham-hotspur-stadium-controlled-parking-zone-cpz
here
HTML https://maps.app.goo.gl/G1yPmHKKNTvHcZTq5
So the driver passed two signs alerting him to ED restrictions
IF the signs were correctly set.
If no-one else comes in with advice, I'd put in a simple
challenge (to preserve the discount) based on Hippocrates post
reply#3, that the tmescales for paying/challenging do not match
the requirements of the legislation..
#Post#: 13948--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: confused-z
Date: January 18, 2024, 8:43 am
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Thanks John and Incandescent, seems the driver was just not
paying attention, especially if they passed 2 signs mentioning
when the next event day occurred. Do you think the driver could
appeal saying that the sign did not mention that an event was
occurring on the 5th Jan and hope the Council don't have any
evidence that does support a valid sign was in-place?
#Post#: 13949--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: confused-z
Date: January 18, 2024, 8:46 am
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--- Quote from: John U.K. link ---
>
> [quote]
>
> If no-one else comes in with advice, I'd put in a simple
challenge (to preserve the discount) based on Hippocrates post
reply#3, that the tmescales for paying/challenging do not match
the requirements of the legislation..
>
--- End Quote ---
Is there some response template the forum has that articulates
this particular appeal which the driver could just copy/modify
and paste when responding to the council?
#Post#: 13955--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: John U.K.
Date: January 18, 2024, 9:48 am
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Absent any other suggestions, try this
Penalty Charge Notice No. AB 123456
dated 05/01/24
Reg Mark ABC123
Dear Sirs,
I wish to challenge the above PCN on the grounds that the
wording of the PCN does not conform to the statutory
Regulations, which is a Procedural Impropriety, and this PCN
should therefore be cancelled.
Yours faithfully,
confused-z
Dated 18th January, 2024
-------------------
They will probably refuse, and in refusing re-offer the
discount.
But it gives you more time to explore every possible option.
#Post#: 13957--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: Pastmybest
Date: January 18, 2024, 10:02 am
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The OP does not have to prove the signs are in place that is for
the council. I would put them to proof that they were
#Post#: 16103--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: confused-z
Date: February 23, 2024, 4:04 am
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Hello Team,
So the driver sent the following response to the Council when
appealing this PCN.
HTML https://i.imgur.com/tF0lIkf.png
And the Council sent back the following response.
HTML https://i.imgur.com/sfkzrRQ.png
How should the driver proceed?
Thank you
#Post#: 16116--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: H C Andersen
Date: February 23, 2024, 6:45 am
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The driver says '..during their journey they did not see
any[applicable] signs..'.
The authority say 'There are road signs on display at the
entrance and exit (?) of the Controlled Parking Zone'
We don't know whether 'did not see' = they weren't there.
I understand the comment about 'putting the authority to strict
proof' but IMO this isn't the legal test, it's balance of
probability that adequate signage was in place.
#Post#: 16278--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: confused-z
Date: February 26, 2024, 3:21 am
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Thanks for the reply. So should I take it that the driver
doesn't have much grounds for appeal and should just pay the
reduced penalty?
Thanks again for all your help thus far.
#Post#: 16280--------------------------------------------------
Re: Enfield Council PCN during an event day restriction
DIR By: H C Andersen
Date: February 26, 2024, 3:45 am
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Only the driver knows whether they did or did not see these
signs on their entrance and whether, if not, this was due to
them not being there or the driver's inattention.
The starting point is that we don't know and neither would an
adjudicator.
But we're not there yet, there's the NTO stage to manage before
the keeper has to make a double or quits decision with
adjudication.
Who is the registered keeper and are their DVLA details current?
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