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#Post#: 14878--------------------------------------------------
Redbridge council
DIR By: Hashim
Date: February 2, 2024, 4:42 pm
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Received a PCN stating that I was parked beyond the bay but as
you can see from their evidence that the bays are hardly visible
so that was my representation. Received a response stating that
it was properly issued.
[attachment deleted by admin]
#Post#: 14882--------------------------------------------------
Re: Redbridge council
DIR By: fraser.mitchell
Date: February 2, 2024, 7:26 pm
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So here is the location on GSV dated April 2022. There is
clearly wear of the bay markings, but not all are totally worn
away.
HTML https://maps.app.goo.gl/6WXoSE3GUTV4ymDq9
However, we need to also see the PCN so we can check it for
errors of legally mandated content that would render it void.
#Post#: 14891--------------------------------------------------
Re: Redbridge council
DIR By: Hashim
Date: February 3, 2024, 8:02 am
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Please see attached pcn.
HTML https://i.imgur.com/71oM2H4.jpeg
[attachment deleted by admin]
#Post#: 14937--------------------------------------------------
Re: Redbridge council
DIR By: ivanleo
Date: February 3, 2024, 5:11 pm
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Council photos:
HTML https://i.imgur.com/0DOnJFK.jpeg
HTML https://i.imgur.com/8wFd8xr.jpeg
HTML https://i.imgur.com/OfpcndM.jpeg
HTML https://i.imgur.com/EA91G8l.jpeg
Looks like here:
HTML https://maps.app.goo.gl/83WxFzsi8AG9jXX66
The roads markings will probably be considered adequate by most
adjudicators, but the stronger point is that the requirement to
park within the bay markings must be communicated, there's a
whole raft of decisions on this point, see rows 350 to 360 here
HTML https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit?pli=1#gid=642784037&range=A350.
In this case article 22 of The Redbridge (Waiting, Loading,
Stopping and Street Parking Places) Consolidation Order 2021
HTML https://drive.google.com/file/d/1uKVE_b9OznVtWolRI3t7qN7Cblx-AE1M/view<br
/>provides that:
[indent]
24. Every vehicle left in a Parking Place or Parking Area in
accordance with the provisions of this Order shall stand:
[indent]
(1) where Carriageway markings are present so that its wheels
are wholly within the limits of the Parking Place as so marked
on the Carriageway; and
(2) so that no part of the vehicle shall unnecessarily obstruct
the premises adjacent to the side of the Road on which the
vehicle is standing.
[/indent]
[/indent]
However in the absence of signage, you would never know.
Are you the registered keeper and do you have the V5C?
#Post#: 14965--------------------------------------------------
Re: Redbridge council
DIR By: Hashim
Date: February 4, 2024, 7:36 am
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It's a leased vehicle so don't have the vc5.
#Post#: 14995--------------------------------------------------
Re: Redbridge council
DIR By: fraser.mitchell
Date: February 4, 2024, 1:21 pm
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--- Quote from: Hashim link ---
>
> It's a leased vehicle so don't have the vc5.
>
--- End Quote ---
You need to urgently contact the lease company to find out how
they handle receipt of Notices to Owners, and PCNs for traffic
offences. This is needed, because whilst you can submit an
informal challenge to the PCN, these are invariably rejected. I
you then do not pay-up, the council will send a Notice to Owner
to the name and address on the V5. Many lease companies just pay
the NtO and off-charge the lessee. As the Notice to Owner is for
the full PCN penalty, you would end up paying double the amount
you could pay by paying the discount.
Councils just luuurve lease car drivers as their PCNs almost
always get paid !
#Post#: 14996--------------------------------------------------
Re: Redbridge council
DIR By: ivanleo
Date: February 4, 2024, 1:24 pm
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As above, it is of critical that when the notice to owner is
served, the lease company doesn't pay the penalty, or else all
appeal rights are lost.
Is it a personal lease or is it leased through your employer? Do
you know what process the lease company has in place? Ideally we
want liability to be transferred to you so that you can cut them
out and we can just deal directly with the council.
As for the contravention, I also think there's another argument:
the map tile is here
HTML https://store.traffweb.app/redbridge/documents/parkmap/msched/AU12_rv2_1.pdf<br
/>and it doesn't show the bay being divided into individual
spaces, so the parking spaces are not supported by the traffic
order and are unlawfully marked. On top of this the order says
you must park within the parking place, which is the whole bay,
it doesn't say anything about parking within an individual
parking space, so there's no contravention to begin with.
#Post#: 14998--------------------------------------------------
Re: Redbridge council
DIR By: fraser.mitchell
Date: February 4, 2024, 1:32 pm
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--- Quote ---
> On top of this the order says you must park within the parking
place, which is the whole bay, it doesn't say anything about
parking within an individual parking space, so there's no
contravention to begin with.
--- End Quote ---
Brilliant, Sherlock !!
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