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#Post#: 32347--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: Hippocrates
Date: August 5, 2024, 3:34 pm
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(g)the order which is alleged to have been contravened in
relation to the vehicle concerned, except where it is an order
to which Part 6 of Schedule 9 to the RTRA 1984 applies, is
invalid;
Not properly expressed in the NtO.
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348231564/regulation/5
Website:
Parking
Parked with one or more wheels on or over a footpath or any part
of a road other than a carriageway
We will consider your appeal according to our appeals policy. If
your reason for appeal is not listed in the policy, we are
unlikely to accept it. However we will still consider your case
individually.
Search for a reason
About as helpful and valid as a nail in my thumb!
#Post#: 33896--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: ivanleo
Date: August 20, 2024, 6:18 am
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So here are:
1) Traffic and transportation sub-committee report of 15th
September 1994
HTML https://drive.google.com/file/d/1pL6p8vmMQZsw7kvwMrKDtN-t-wDX9Bar/view
2) Public Works Committee Agenda of 13 October 1994 (see page
308 for a map of Olron Crescent)
HTML https://drive.google.com/file/d/1IAs-NoI8XeRuJnntEpICK3sb6ZlyDbJp/view
3) Public Works Committee minutes of 13 October 1994
HTML https://drive.google.com/file/d/1Kc6KEwkLyna0NRmQJK0k3T265mldzc1I/view
4) Full council resolution of 11 November 1994
HTML https://drive.google.com/file/d/1yWAv0idbw3vViG-5TrQjhp2zDqxeYQdf/view
[member=2014]cesur[/member] please give us a Google street view
link to the exact spot where the car was parked, so that we can
compare it to the council map.
#Post#: 33898--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: cesur
Date: August 20, 2024, 6:22 am
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GSV of the exact parked place:
HTML https://maps.app.goo.gl/XApK9dSL4J23RbrR7
#Post#: 33934--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: cesur
Date: August 20, 2024, 11:34 am
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Satellite image of where the car was parked:
HTML https://photos.app.goo.gl/W9XDVRYpctuaa7ab9
HTML https://drive.google.com/file/d/1IAs-NoI8XeRuJnntEpICK3sb6ZlyDbJp/view
Page 190 for Key
Page 308 for Olron Crescent (the parked place is in front of the
house where circled S is near the road curve at the bottom
right)
Right to the post there is a marked bay half on the pavement but
I don't see a marking on the map.
What do we make out of this map? could you explain, please?
#Post#: 34519--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: cesur
Date: August 25, 2024, 6:33 am
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What is the recommended route for this PCN?
@cp8759, @Incandescent, @Hippocrates
#Post#: 34536--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: Hippocrates
Date: August 25, 2024, 12:16 pm
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This will be won on their website grounds at the Tribunal and I
would be happy to represent you:
Parking
Parked with one or more wheels on or over a footpath or any part
of a road other than a carriageway
We will consider your appeal according to our appeals policy. If
your reason for appeal is not listed in the policy, we are
unlikely to accept it. However we will still consider your case
individually.
Search for a reason
Pay and Display (P&D) or Cashless
The following circumstances are relating to scenarios involving
P&D tickets or cashless parking sessions.
Select a reason:
I had a Pay and Display (P&D) ticket
I made a mistake when purchasing my Pay and Display (P&D) ticket
I paid by phone or app
I was in a rush and forgot to pay
The Pay and Display machine was not working and I couldn't
purchase a Pay and Display (P&D) ticket
Permits
The following circumstances are relating to scenarios involving
parking permits.
Select a reason:
I had a permit
Blue Badge
The following circumstances are relating to scenarios involving
Blue Badges
Select a reason:
I had a Blue Badge on display
Emergency / beyond driver's control
Reasons that relate to something unexpected happening to the
motorist that must be seen to immediately
Select a reason:
I became unwell while driving
I parked at the location because my child needed the toilet
I stopped because of an emergency situation
My passenger became unwell while I was driving
My vehicle had broken down
My vehicle was cloned
My vehicle was stolen
Penalty Charge Notice (PCN) wrongly / unfairly issued
Reasons where it may appear that the PCN was issued unfairly or
incorrectly.
Select a reason:
I have already paid the PCN
I only stopped for a few minutes
I was not the owner of the vehicle
I was only a few minutes late back to my vehicle
I was unaware of the rules
The vehicle was on hire to someone else
There was nowhere else to park
Other
Other reasons we have received that do not fall into one of the
above categories.
Select a reason:
I did not cause an obstruction
I didn't see any signs or lines
I was loading / unloading at the time
I was loading / unloading at the time
I was picking up / dropping off a passenger
My vehicle is a taxi
This was the safest place to stop
None of the above
If none of the above reasons apply, and you wish to challenge
your PCN, please select below:
Select a reason:
Any other reason
Cancel
***
PM sent
#Post#: 34577--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: Hippocrates
Date: August 26, 2024, 4:24 am
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HTML https://bit.ly/2ALghSS
Adjudications - key cases
623 ff.
#Post#: 34578--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: Hippocrates
Date: August 26, 2024, 4:54 am
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--- Quote from: cesur link ---
>
> What is the recommended route for this PCN?
> [member=1]cp8759[/member], [member=12]Incandescent[/member],
[member=24]Hippocrates[/member]
>
--- End Quote ---
Deadline is Wednesday so I would reply today. Contravention did
not occur and I rely upon my original representations. The
website issues can be raised at the Tribunal.
#Post#: 34584--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: ivanleo
Date: August 26, 2024, 5:38 am
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--- Quote from: Hippocrates link ---
>
> This will be won on their website grounds at the Tribunal and
I would be happy to represent you:
>
--- End Quote ---
[member=2014]cesur[/member] I would strongly recommend you take
Hippocrates up on his offer and get him to represent you.
#Post#: 34609--------------------------------------------------
Re: PCN at my own driveway - pavement parking - Bexley
DIR By: H C Andersen
Date: August 26, 2024, 9:47 am
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OP, have we seen your initial challenge?
The meaning of the tortuous layers of group, sub-committee and
council reports is virtually impenetrable.
IMO, it is not tenable to argue that the intention of the
council was to permit parking on the footway based upon the
specific wording of 'footways on both sides of the road for the
total length.'
It's not tenable because it wouldn't be lawful IMO because, as
only 2-wheel parking on the pavement is permitted, then this
would be tantamount to encouraging motorists to:
1. Block your crossover, which would be obstruction as I
understand it, and
2. Commit a contravention because the other wheels must
necessarily be parked on the carriageway adjacent to a dropped
footway!
Indeed, in the narrative of the report with Appendix D it's
clear that marked bays are anticipated- the location of which is
already delegated to the Chief Engineer- and if you look at the
criteria you'll find reference to leaving 1.0m between markings
and any crossover.
The placing of marked areas naturally follows from there being
so many vehicle crossovers and it's clear that the marked areas
are of standard size marked in order to provide the maximum
number of spaces between crossovers in a controlled manner.
However, what you did was not contrary to the spirit of the
council's decision because you are the occupier of the house
which benefits from the crossover. Did you make this point in
your initial reps?
If the council still play hard-ball, reject your formal reps and
insist that the signs are the signs etc. then if you wanted to
take matters further you could return the complement by
reference to the precise wording of the Appendix, the
recommendation and the council's decision and trust that the
adjudicator can make better use of their time than by ferreting
through the detail of these reports and would simply take the
decision at face value.
There are the other procedural points in play as well.
Wait for others.
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