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#Post#: 21730--------------------------------------------------
PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: bono_01
Date: May 7, 2024, 5:22 am
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Good morning everyone and thank you for keeping this forum going
and helping so many people with their problems!
Unfortunately another issue with one of the most notorious
London boroughs - Newham.
Yesterday I parked on a single yellow line on one of the streets
with the impression that on a bank holiday, you can park with no
restriction. I even happened to do it in central London - years
ago without any problems.
The reality was different and I found a PCN on the windscreen of
my car. Then I dug around and found first on the government
website that there are no parking restrictions on a single
yellow line on a bank holiday. I also saw that most London
boroughs do not have restrictions for the same either. However,
it turns out that these rules do not apply to this specific
neighborhood.
Do I have any chance to appeal to get the fine overturned and on
what basis or mission is impossible? I am ready to do whatever
it takes, even to court, if there is even a minimal chance of
success.
Thanks in advance for any support and advice.
Please find the below links with pictures attached:
HTML https://i.imgur.com/jOhMsAY.jpeg
HTML https://i.imgur.com/LPZtUjo.jpeg
HTML https://i.imgur.com/ybMjXfX.jpeg
HTML https://i.imgur.com/bfnXBXI.jpeg
Newham website:
HTML https://parking.newham.gov.uk/pages/OnlineReferenceEntry.aspx?loadtype=NOTICEREVIEW
PCN: PN38651553
Reg: RE12NHG
#Post#: 21733--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: fraser.mitchell
Date: May 7, 2024, 6:34 am
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Quite where you got the idea that single-yellow lines don't
apply on Bank Holidays, I don't know, but all over the UK they
apply on all days of the week including Bank Holidays, although
Christmas Day may be exempt. However, I may be wrong, so give us
a link to this government webpage which would seem to be a "Get
out of jail free" ticket !
Of course, councils may not enforce on certain Bank Holidays,
but you have to check with them. Only if a sign says "Bank
Holidays excepted" can you guarantee no enforcement.
BTW, there is no "court" in the process, but one can take the
council to the adjudicators, in this case London Tribunals, once
you have submitted formal representations against a Notice to
Owner to the council and been rejected.
#Post#: 21735--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: bono_01
Date: May 7, 2024, 7:14 am
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Thanks for the quick reply.
Now after I've dug around I've found that I was mistaken in
thinking I'd found some information on an official site, it was
the title after a Google search that came from the first London
Borough. My bad, I apologize for misleading you.
Most of London's Boroughs do not have Bank Holiday restrictions,
but unfortunately, I parked in the wrong one.
So I presume even if I appeal I will still have to pay at the
end?
#Post#: 21738--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: fraser.mitchell
Date: May 7, 2024, 8:18 am
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We usually advise OPs to submit informal representations against
the PCN, because sometimes the council manage to shoot
themselves in the foot when rejecting those reps thus opening up
more appeal arguments. You can, after that, wait for the Notice
to Owner, sent to the name and address on the V5 Registration
Certificate for the car, (is this you ?). This is beyond the
discount period, so you would be taking some risk. Having said
that, most London councils re-offer it because if they don't,
it's a no-brainer for the PCN recipient to take them to London
Tribunals, as the penalty doesn't increase. This means the
council have the task of preparing an evidence pack which is a
PITA for them.
If you lose at London Tribunals the full PCN amount is payable.
Please tell us why you parked there, because there are two
exemptions to yellow lines, (1) loading, and (2) boarding
passengers.
#Post#: 21811--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: bono_01
Date: May 8, 2024, 6:04 am
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Thanks for clarifying the possible steps for me regarding
appealing the PCN.
When you are saying: "the council manage to shoot themselves in
the foot when rejecting those reps thus opening up more appeal
arguments" what do you mean?
How long do you think the whole procedure will take to reach the
London Tribunals stage and then you mean if I lose I have to pay
130£ only? Or there will be other charges on top of that?
Is there a chance that the London Tribunal will judge in my
favor? or as you said they stick to loading or boarding
passengers? I was left the car parked for at least an hour, so
no excuse in this case.
I've parked at single yellow lines as I honestly believed that
on Bank Holiday no restrictions applied. And yes car is in my
name and address.
#Post#: 21815--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: fraser.mitchell
Date: May 8, 2024, 6:29 am
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--- Quote ---
> shoot themselves in the foot
--- End Quote ---
It means in their reply they do not adhere to the regulations or
tell you an untruth, thus committing a "procedural impropriety",
one of the statutory grounds for cancellation of the PCN.
If you get as far as London Tribunals, the full £130 penalty is
in play, but that's all, there are no additional costs.
You can only work out what the odds might be there once the
council reply is studied. It may turn out that the discount is
your best option. It can take months before you get to London
Tribunals, because the next stage is the Notice to Owner. Only
when reps have been declined at that stage can you go to London
Tribunals. My view is that you do not have a strong case, having
misunderstood yellow line restrictions, but see what the others
say.
#Post#: 21821--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: bono_01
Date: May 8, 2024, 7:22 am
---------------------------------------------------------
Thanks a lot for the quick reply!
I can appeal PCN to the council, but could you please advise me
what should be my reason to ask them for cancellation of the
fine? Should I do it via their website or in writing by post?
Possibly stating that my impression was that on bank holidays
restrictions don't apply? and maybe that I've been parking
during the bank holiday in different boroughs and there aren't
restrictions?
Thanks in advance.
#Post#: 21823--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: Neil B
Date: May 8, 2024, 7:39 am
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--- Quote from: bono_01 link ---
>
> Most of London's Boroughs do not have Bank Holiday
restrictions,
>
--- End Quote ---
Why do you keep repeating this nonsense? I don't know of any
borough that doesn't enforce yellow lines on bank holidays
unless restrictions don't apply on those days, as reflected by
signs and in the relevant traffic order.
In Newham you could have freely parked in any resident permit
bay, which they don't enforce on BHs.
#Post#: 22490--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: ivanleo
Date: May 14, 2024, 6:24 pm
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[member=1671]bono_01[/member] well the council photos do not
show any contravention:
HTML https://i.imgur.com/abDsOJO.jpeg
HTML https://i.imgur.com/iXmuWXi.jpeg
HTML https://i.imgur.com/2o0N6B0.jpeg
Many councils have got lazy and don't provide the tribunal with
adequate evidence of CPZ signage, so I'd suggest you exploit
that. The one thing you must not do is suggest to the council
that their photos are inadequate, as you don't want to forewarn
them.
The traffic order in this case appears to be The Newham (Waiting
and Loading Restriction) Order 2011
HTML https://drive.google.com/file/d/1du2wO7YzH6Yc1k_oPKpvln9chxwTIIJo/view<br
/>and the relevant entries should be in Part 2 of Schedule 1
HTML https://drive.google.com/file/d/1LFXpEyYc9E_iTWVtwX0WCCMcPS6qv07V/view.<br
/>The order does not mention any controlled parking zones, so
that
creates an additional argument though it's a rather technical
one.
You were parked in zone SSW, you can see a map of the zones
here:
HTML https://lbnewham.maps.arcgis.com/apps/webappviewer/index.html?id=6c213298647e4283a537266c72c1d086
If you work out exactly where you entered the zone, we can
investigate if additional arguments about signage can be made.
As a general rule you should always make representations online
rather than by post, anything sent in the post is scanned into
the computer and the paper copy is shredded, so sending anything
in the post is entirely pointless and you might as well submit
it straight into their computer.
But don't rush, answer the questions above first please.
#Post#: 23031--------------------------------------------------
Re: PCN 01 Parking at single yellow line on Bank Holiday Newham
DIR By: bono_01
Date: May 19, 2024, 4:58 am
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Thank you for your reply [member=1]cp8759[/member] and apologies
for late response( I was forced to travel abroad dealing with
family matters).
The CPZ zone that I've received the fine is zone S. Exact
address where I parked was : 30-4 Oxford Rd, London E15 1DD.
Please see picture attached of my route and the marking of the
parking spot:
[attachimg=1]
Probably today is my last day that I can submit my appeal?#
If you could guide me how to word the letter to the council will
be much appreciated.
Thanks in advance
[attachment deleted by admin]
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