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#Post#: 19608--------------------------------------------------
Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: zeezee
Date: April 12, 2024, 7:08 pm
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Hi All,
My Dad parked in Gants Hill to do some shopping & displayed his
disabled blue badge, after confirming (from the paying machine)
that it was ok to do so i.e. not needing to go on to the (Ringo
app) and booking a free slot for an hour, etc
He returned to the car to find a PCN tucked under the wiper and
found out from the street signage (that he drove past) that it
was prohibited during the hours of 4-7 pm.
He had seen the parking walden and explained to him that if it
had displayed the specific parking restrictions on the paying
machine, he would not have parked, etc, but the parking walden
laughed it off and walked away and said you need to pay the
fine.
Does my Dad have a chance to appeal the PCN or is he bang to
rights here, better off paying the fine?
Street View:
HTML https://www.google.com/maps/@51.5750635,0.066364,3a,75y,6.54h,98.2t/data=!3m6!1e1!3m4!1sxshUDkxeeznY8k3qVEwS3A!2e0!7i16384!8i8192?entry=ttu
HTML https://i.imgur.com/Z9dDPLZ.jpeg
HTML https://i.imgur.com/oorsNAJ.jpeg
HTML https://i.imgur.com/bMM5zgJ.jpeg
HTML https://i.imgur.com/QFmdz88.jpeg
HTML https://i.imgur.com/qPkmpcM.jpeg
HTML https://i.imgur.com/dEsLXKK.jpeg
HTML https://i.imgur.com/rKM3WDb.jpeg
#Post#: 19611--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: fraser.mitchell
Date: April 12, 2024, 7:31 pm
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--- Quote ---
> My Dad parked in Gants Hill to do some shopping & displayed
his disabled blue badge, after confirming (from the paying
machine) that it was ok to do so i.e. not needing to go on to
the (Ringo app) and booking a free slot for an hour, etc
--- End Quote ---
OK, so where on the machine does it confirm that he could park
as a BB holder by displaying the BB only ?
#Post#: 19622--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: zeezee
Date: April 13, 2024, 5:37 am
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I cannot see that specifically on the machine, only the disabled
sign with FREE underneath it.
#Post#: 19623--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: jackdee85
Date: April 13, 2024, 5:56 am
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Where you have parked is a BUS lane during 7.00 am to 10.00 am
and then from 4.00 pm to 7.00 pm.
#Post#: 19628--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: Hippocrates
Date: April 13, 2024, 6:51 am
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The CEO should not have said what they allegedly said. Require
their notes I would. There is a potential wording issue.
Ref: PCN VRM
I challenge this PCN as follows:
The wording of the PCN in terms of the 28 days period is wrong
since it does not comply with Schedule 2 para. 2 @
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the alleged contravention
occurred,
In light of this procedural impropriety please cancel the PCN.
*************
Also, I cannot find the old Regulation 3(2)(b) re if we serve a
Notice to Owner notwithstanding any representations being made,
you must make representations as per the NTO?
#Post#: 19663--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: zeezee
Date: April 14, 2024, 6:49 am
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--- Quote from: Hippocrates link ---
>
> The CEO should not have said what they allegedly said. Require
their notes I would. There is a potential wording issue.
>
> Ref: PCN VRM
>
>
> I challenge this PCN as follows:
>
> The wording of the PCN in terms of the 28 days period is wrong
since it does not comply with Schedule 2 para. 2 @
>
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
>
> (d)that the penalty charge must be paid within the period of
28 days beginning with the date on which the alleged
contravention occurred,
>
> In light of this procedural impropriety please cancel the PCN.
>
> *************
> Also, I cannot find the old Regulation 3(2)(b) re if we serve
a Notice to Owner notwithstanding any representations being
made, you must make representations as per the NTO?
>
--- End Quote ---
@Hippocrites - I'll follow your procedure and appeal - Thank you
Re: Asking for the notes - can I ask that in the appeal as a
side note?
#Post#: 19674--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: Hippocrates
Date: April 14, 2024, 8:28 am
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I would leave out the bit I can't find at present. You can ask
for the notes.
#Post#: 19846--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: zeezee
Date: April 17, 2024, 12:56 pm
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Thank you - So will the following be ok to send off?
--------
Ref: PCN VRM
I challenge this PCN as follows:
The wording of the PCN in terms of the 28 days period is wrong
since it does not comply with Schedule 2 para. 2 @ -
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
.
[center]
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the alleged contravention
occurred,[/center]
In light of this procedural impropriety please cancel the PCN.
Also, could I kindly request the notes of the parking officer? I
managed to meet the parking officer on the day for an
explaination of why the PCN was given. He explained that I
shouldn't have parked in the bus lane and that I should pay the
fine.
#Post#: 20178--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: ivanleo
Date: April 21, 2024, 11:33 am
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[member=311]zeezee[/member] everyone here seems to have missed
the blindingly obvious: the allegation is 01, and a blue badge
was on display. A blue badge is a complete defence to a waiting
contravention (as long as the parking disc AKA parking clock is
correctly displayed and the 3 hour time limit has not been
exceeded) and while I appreciate there is a loading restriction,
a code 02 is not on the PCN and it's far too late for the
council to change it now.
[indent]
Dear London Borough of Redbridge,
The contravention alleged on the face of the notice is "01 -
Parked in a restricted street during prescribed hours", however
as the CEO's photos will confirm my blue badge was properly
displayed. By virtue of regulation 8(2) of The Local
Authorities' Traffic Orders (Exemptions for Disabled Persons)
(England) Regulations 2000, a properly displayed disabled
person's badge is a complete defence to the contravention
alleged on the face of the penalty charge notice.
It follows that the contravention alleged did not occur and the
penalty charge must be cancelled.
Yours faithfully,
[/indent]
Send this online and make sure to keep a screenshot of the
confirmation page.
#Post#: 20225--------------------------------------------------
Re: Parked in restriced hrs bus lane, Gants Hill, Redbridge
DIR By: Hippocrates
Date: April 21, 2024, 5:07 pm
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Sorry.
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