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#Post#: 39218--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: October 2, 2024, 12:22 pm
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I'll have a look on the tribunal to see latest cases and will
help you draft reps.
#Post#: 39732--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: October 7, 2024, 2:55 pm
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Hello. Did you get a chance to look at it?
#Post#: 39799--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: October 8, 2024, 6:29 am
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I've found two cases, one positive, one negative, but I think
the case against the defective signage can be won even with a
tough adjudicator if it's spelt out that the wording is on one
plate and an example of good practice from other councils is
provided (eg Islington).
Both of these cases concern Newham event days.
--------
2240208187
Mr Ali was scheduled for a personal hearing today but he has not
attended and so the appeal is being decided on the evidence
presented.
This PCN was issued for the alleged contravention of being
parked in a permit holder only parking place during controlled
hours without a valid permit. The car was parked on Saturday 11
February 2023.
The signage relied upon by the Council states permit holder only
parking during the restricted hours of 8am to 6.30pm Mondays to
Fridays. Beneath this are Event Day restrictions with extended
controlled hours. It is not in dispute that there was no valid
permit for parking.
The Council's evidence is that Saturday 11 February 2023 was an
Event Day.
Mr Ali says that the signage was not clear and that he had no
way of knowing that this was an Event Day.
The Council relies upon CPZ signs alerting motorists to Event
Days. Library images are submitted of CPZ signs which carry an
Event Day notice at the foot of the sign alerting motorists to
the next such day.
CPZ signs alert motorists to single yellow line parking
restrictions. A motorist parking on a single yellow line in a
CPZ is expected to check CPZ parking sign restrictions and, in
so doing, would be aware of Event Day restrictions. However, a
motorist parking in a resident's bay is subject to the signed
restrictions for the bay which may or may not be the same as CPZ
restrictions.
Critically, the time plate for this permit parking place does
not provide motorists with any information about Event Days. It
does not refer the motorist to CPZ signs or to a website for
details of Event Days. A motorist parking in the bay cannot be
expected to know where to find details of Event Days.
The signage is also confusing as the reference to Event Days
could easily be read as extended controlled hours where there is
an Event Day Mondays to Fridays.
I therefore find that the signage was not adequate and I allow
the appeal for that reason.
--------
2240107190
This vehicle on the council's case was parked on a
resident's/shared use bay without valid cover an extended event
day restriction being in force.
The relevant day was a Sunday.
The restriction is signed to apply Monday-Saturday 8am-6.30pm.
An additional event day restriction however is signed to apply
8am-9pm.
Where as here no days are specified in respect of a restriction
it applies 7 days a week.
The council is required to sign its event days on zone entry
signage. Images of event day signage are provided at 'H'. The
motorist is expected to read such signage on passing it. I am
satisfied that the appellant could not have parked where he did
without passing signage such as this. The council is not
required to post repeater event day signage within the zone. The
Traffic Signs Manual provides guidance only and has no statutory
force.
I entirely accept that the appellant intended to park correctly
but his vehicle was subject to the extended event day
restriction and I must accordingly find this contravention
proved.
#Post#: 39852--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: H C Andersen
Date: October 8, 2024, 10:30 am
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OP, the PCN isn't accessible via the link in post #1.
#Post#: 39853--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: John U.K.
Date: October 8, 2024, 10:36 am
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--- Quote from: H C Andersen link ---
>
> OP, the PCN isn't accessible via the link in post #1.
>
--- End Quote ---
@H C Anderson
Link to PCN is in post Reply#19
#Post#: 39856--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: H C Andersen
Date: October 8, 2024, 10:52 am
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Thanks. I can only see 2 photos of the NTO.
#Post#: 39862--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: John U.K.
Date: October 8, 2024, 11:23 am
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--- Quote from: H C Andersen link ---
>
> Thanks. I can only see 2 photos of the NTO.
>
--- End Quote ---
Apologies: that'll teach me to read the 'small print'!
[member=280]Jamran[/member] - PCN for HCA, please.
#Post#: 39870--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: October 8, 2024, 12:24 pm
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HTML https://share.icloud.com/photos/0ffQN-I143W2q-9cLZ03r5gpA
#Post#: 40072--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: October 9, 2024, 5:27 pm
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Nudge me in a few days and I'll draft reps. Did you see the two
cases I posted.
#Post#: 40076--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: October 9, 2024, 5:45 pm
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--- Quote from: stamfordman link ---
>
> Nudge me in a few days and I'll draft reps. Did you see the
two cases I posted.
>
--- End Quote ---
Sure will do. Thank you.
Yes I did. Like you said I think my case is stronger especially
as it was a Sunday which was outside the usual hours of
enforcement. Additionally, the only CPZ sign was all the way in
Bow which could’ve been obscured by a bus or lorry. I’m hopeful
I’ve got a strong case.
Thank you for finding those
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