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#Post#: 20061--------------------------------------------------
Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: Liffey
Date: April 20, 2024, 8:20 am
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I originally posted this topic on Pepipoo.
My informal representations were rejected on the basis that the
signage is adequate.
I was advised to obtain the TMO which I have now done.
I have now also received the Notice to Owner
Please can anyone resist with formal reps?
HTML https://i.imgur.com/Xgxrzog.jpeg
HTML https://i.imgur.com/CexiOrK.jpeg
HTML https://i.imgur.com/PZ2KYZI.jpeg
HTML https://i.imgur.com/Urxc9bI.jpeg
HTML https://drive.google.com/file/d/1c_4d4mz0Pa40kx_uaBsNTXIIG6q8QuNS/view?usp=sharing
HTML https://drive.google.com/file/d/1VGDROl7JT_2oFzHvTusUBWjhYErd5uqP/view?usp=sharing
#Post#: 20067--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: fraser.mitchell
Date: April 20, 2024, 9:23 am
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Pepipoo has gone phut, so can you fill us in a bit more on the
circumstances that gave rise to the PCN, please.
#Post#: 20120--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: Chijiki
Date: April 21, 2024, 4:11 am
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--- Quote from: Liffey link ---
>
>
> Please can anyone resist with formal reps?
>
>
--- End Quote ---
As it is a fine bright sunny Sunday morning, and I'm in a
frivolous mood, I'll play along.
"I resist"
#Post#: 20121--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: Liffey
Date: April 21, 2024, 4:12 am
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More details as requested:
I parked my hybrid car at a charging point, but the charging
point was broken. I was given a PCN after the officer observed
my vehicle for only a few minutes.
I was advised on Pepipoo to argue procedural impropriety, as the
PCN did not include certain mandatory information. There were
also comments about a SYL and a time restriction which I didn't
really understand. I was asked to provide photos from the
original PCN as they showed that the charging point was also on
an SYL.
Google street view link
HTML https://maps.app.goo.gl/DsyjWS7D7LqFr1dD8
I think that's why I was told to request the full TMO, although
to be honest I really can't remember.
#Post#: 20204--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: fraser.mitchell
Date: April 21, 2024, 2:23 pm
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For me the PCN is an abuse of process. The CEO should have
checked the charging point first. How could you have charged
your vehicle if the charging point is kaput.
#Post#: 20349--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: ivanleo
Date: April 22, 2024, 5:34 pm
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--- Quote from: Liffey link ---
>
> I parked my hybrid car at a charging point, but the charging
point was broken.
>
--- End Quote ---
Did you get a photo, or do you have any other evidence of this?
Also, please show us both sides of the original PCN without any
redactions, see the guidance on this here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/.
#Post#: 20360--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: Liffey
Date: April 23, 2024, 1:53 am
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Yes, since receiving the PCN I contacted the company which owns
the charging point and they confirmed it via email. I didn't
hear back from them in time to include that information with the
informal reps.
HTML https://i.imgur.com/mLcXEn8.jpeg
HTML https://i.imgur.com/BjeQvdf.jpeg
#Post#: 20508--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: Liffey
Date: April 24, 2024, 11:54 am
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Would anyone be able to help with the formal reps please?
Especially the SYL point - is it correct to say there can't be a
restriction like the one indicated on the sign, on an SYL?
#Post#: 20871--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: ivanleo
Date: April 28, 2024, 10:18 am
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Council photos:
HTML https://i.imgur.com/RMQBhOD.jpeg
HTML https://i.imgur.com/TMw5MGN.jpeg
HTML https://i.imgur.com/U5IgG59.jpeg
HTML https://i.imgur.com/gS9RPG7.jpeg
HTML https://i.imgur.com/HXQ9UyA.jpeg
Realistically at this point you'll be heading to the tribunal if
the council doesn't accept the representations, because the
representations will be outside the initial 14 day period, so
the discount won't be reoffered, so there will be no risk and
nothing further to lose in taking this all the way.
The traffic order is The London Borough of Barking and Dagenham
(Free Parking Places, Loading Places and Waiting, Loading and
Stopping Restrictions) Consolidation Order 2016
HTML https://drive.google.com/file/d/1vKi38zVJNDgqqVknEpxKMPKCLDZkJqbd/view<br
/>as amended by The London Borough of Barking and Dagenham
(Electric Vehicle Charging Places) Amendment No.39 Order 2019
HTML https://drive.google.com/file/d/1spE_dxWaWMAGrin9NPi1iaOA9vw8CEoW/view.
Map tile:
HTML https://store.traffweb.app/barking-dagenham/documents/parkmap/msched/AB11_rv5_1.pdf
Map tile legend:
HTML https://store.traffweb.app/barking-dagenham/documents/parkmap/sched/Map%20Schedule%20Legend%20LBBD%20-%20Cons%202016%20v2.pdf
--- Quote from: Liffey link ---
>
> Yes, since receiving the PCN I contacted the company which
owns the charging point and they confirmed it via email.
>
--- End Quote ---
Let's see a copy of this email please.
#Post#: 20892--------------------------------------------------
Re: Barking & Dagenham PCN 14 parked in an electric vehicle
space without charging
DIR By: guest17
Date: April 28, 2024, 1:09 pm
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The problem with the OP's case is that he appears never to have
attached the charging cable. As the sign says--" recharging
point only"
I've attached the Webb V Wandsworth (2210311085) case which he
won even though he had finished charging.See also 2240125760.
So, if attachment of a cable becomes the tipping point, the OP
is in difficulty.
However, does the signage say anything about attachment or
indeed the need to move on once the battery is recharged? Does
it say anything about a time limited bay? The PCN certainly
indicates "during restricted hours"--are we to presume that
relates to " during the permitted hours" The TMO states:-
(d) Electric vehicle charging place may be used for the leaving
during the permitted hours of such electric vehicles for so long
as necessary to allow that vehicle to be restored to full charge
by connecting to a recharging point.
What the hell are the permitted or restricted hours?
This is a clear failure to comply with the Regulation 18 duty of
LATOR 1996 because a very significant part of the information as
to the effect of the Parking Places Order has not been conveyed
to road users by the sign in situ.
To emphasise this ground I would reference Harvey Kutner v
London Borough of Camden 2230471029.
"There has been a history of High Court and Court of Appeal
decisions concerning signs conveying parking restrictions and a
traffic authority’s duty under Regulation 18 of LATOR. These
establish that a failure to comply with the Regulation 18 duty
as to signage is a proper ground on which an adjudicator may
allow an appeal against the issue of a PCN, on the ground that
the alleged contravention of the relevant Traffic Regulation
Order did not occur. The key Court of Appeal case is Herron v.
The Parking Adjudicator and Ors [2011] EWCA Civ 905, and R
(London Borough of Camden) v. The Parking Adjudicator [2011]
EWHC 295 (Admin), per Burnett J. at [50] – [51] is also
instructive".
Forget about the SYL, go for their failure to prove the parking
contravention through the signage in place.
Mike
[attachment deleted by admin]
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