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#Post#: 14470--------------------------------------------------
Re: Newham Council
DIR By: Slim07
Date: January 28, 2024, 2:09 pm
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[member=1]cp8759[/member]
This was new years eve. On a Sunday. I dint work on Sunday.
I dont have no invitation. This was just word of mouth of the
mousque.
#Post#: 14488--------------------------------------------------
Re: Newham Council
DIR By: ivanleo
Date: January 28, 2024, 5:23 pm
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What's your connection to the newlyweds?
Surely there must be some wedding photos?
#Post#: 14498--------------------------------------------------
Re: Newham Council
DIR By: Enceladus
Date: January 28, 2024, 5:57 pm
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31/12/2023 = Sunday = day 1 of 28 day period for informal
representations
13/01/2024 = Saturday = day 14 = last day to pay at 50% discount
27/01/2024 = Saturday = 28 of 28 day period to submit informal
reps
So did you submit any informal representations (challenge)
against this PCN?
Anyway since the penalty sits at £130 then you having nothing to
lose and a £130 to gain by pursuing this all the way to the
Adjudicator.
Do you know who the Registered Keeper of the van is? Do you have
a copy of the V5c? See can you find out. The Notice to Owner,
when issued, will go to the RK. It's important that DPD or a
lease company don't just pay the charge and then dock it from
your pay. Doing so will close the case. You need to get the RK
to transfer liability to you.
Newham might issue an NTO as early as the end of this week.
I suggest you try informal reps anyway. Something like.
The van was not parked in the bay for more than 2 hours.
We forgot to set and display the clock.
We did correctly display the Blue Badge.
My son is the BB holder.
He was in the van which was being used to pick up some shopping.
The van was not being used for business purposes on that day.
An honest mistake.
There was no attempt or intent to evade a parking charge
Terribly sorry, it won't happen again.
Please use your discretion to cancel the PCN.
It's clearly not in the interests of justice to enforce this
charge because of one simple mistake.
Etc.
#Post#: 14499--------------------------------------------------
Re: Newham Council
DIR By: ivanleo
Date: January 28, 2024, 6:00 pm
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Enceladus I'm not sure what the "honest mistake" would be?
It seems to me that the blue badge was correctly on display and
the CEO might have made an assumption that a delivery driver was
using it fraudulently. The correct course of action would have
been to wait for the driver to return and ask to see the blue
badge rather than issuing a PCN, but based on what we now know
there was no mistake at all on the part of the driver.
Also there is no 28 day deadline to make informal
representations, you can make informal representations at any
time prior to service of the notice to owner.
#Post#: 14506--------------------------------------------------
Re: Newham Council
DIR By: Enceladus
Date: January 28, 2024, 7:39 pm
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[member=1]cp8759[/member]
The "honest mistake" was failing to set and display the clock.
The bay in question is for blue badge holders but is time
limited to 2 hours. At least according to the sign.
The OP is attracting attention from the CEOs because the vehicle
is a liveried delivery van and the BB belongs to a child 14
years old. That's why I asked above about whose badge this was.
No reason why a BB can't be used with a van but the age of the
holder ferments suspicion.
Apparently the OP rents or leases the van from or through DPD.
If he's not the RK then the NTO will go to the lease company and
that might cause complications. Especially if another party pays
the penalty and charges it back, ultimately to the OP.
It seems to me that the cleanest course of action is to submit
an informal representation to try to get the PCN cancelled
before Newham issue an NTO. Newham might well cancel because it
involves a BB.
#Post#: 14508--------------------------------------------------
Re: Newham Council
DIR By: ivanleo
Date: January 29, 2024, 2:59 am
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--- Quote from: Enceladus link ---
>
> [member=1]cp8759[/member]
> The "honest mistake" was failing to set and display the clock.
The bay in question is for blue badge holders but is time
limited to 2 hours. At least according to the sign.
>
--- End Quote ---
There is no legal requirement to use a parking disc or "clock"
in an on-street bay, see Michelle Dhillon v Leicester City
Council (LE00087-1812, 30 January 2019)
HTML https://drive.google.com/uc?id=1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm<br
/>and William Watson v St Helens Metropolitan Borough Council
(SZ00006-2002, 11 March 2020).
HTML https://drive.google.com/uc?id=1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G
That being said, I agree the most sensible approach will be to
simply show that the bay was being used legitimately as the
council may well cancel at the representations stage.
#Post#: 16156--------------------------------------------------
Re: Newham Council
DIR By: ivanleo
Date: February 23, 2024, 1:24 pm
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[member=1194]Slim07[/member] any updates?
In the meantime here are:
The Newham (Disabled Persons) (Community Parking) (Special
Parking Area) (No. 1) Order 2007
HTML https://drive.google.com/file/d/1qCdWJ9lIqwEh7kjwliw5MKngUfh5W47I/view
The Newham (Disabled Persons) (Community Parking) (Special
Parking Area) (No. 1, 2007) (Amendment No. 23) Order 2022
HTML https://drive.google.com/file/d/1y0nJo2VNqlAwNtsZS9m88M4lgKyaqCeK/view
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