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#Post#: 40942--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: October 15, 2024, 10:31 pm
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--- Quote from: regis link ---
>
> [1] Is this the First ever instance OP has parked in Newham in
an Event Day relevant Bay? and if NOT, how does OP usually
receive notification of an Event Day in Newham?
>
--- End Quote ---
Yes it is. I am not a resident of the borough.
#Post#: 42033--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: October 23, 2024, 9:15 am
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[member=2249]stamfordman[/member] could you please assist in the
appeal? Running out of time I think
#Post#: 42066--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: October 23, 2024, 10:43 am
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Yes will do - NTO is 1 Oct so will do by Friday.
#Post#: 42107--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: regis
Date: October 23, 2024, 4:44 pm
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--- Quote from: Jamran link ---
>
> [member=2249]stamfordman[/member] could you please assist in
the appeal? Running out of time I think
>
--- End Quote ---
I believe you have until 31 October 2024 by 23:59 PM to submit
your formal representations online. Otherwise submitted by
letter 1st Class recorded delivery on 29 October 2024 by its
collection time, from a postbox / post office, by Royal Mail
Postie.
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Have you uploaded the original PCN and the Informal Challenge
you submitted for other's to chime in?[/hr]
--- Quote from: Jamran link ---
>
> [quote author=regis link=topic=2651.msg40622#msg40622
date=1728870832]
> [1] Is this the First ever instance OP has parked in Newham in
an Event Day relevant Bay? and if NOT, how does OP usually
receive notification of an Event Day in Newham?
>
--- End Quote ---
Yes it is. I am not a resident of the borough.
[/quote]
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This must be included as additional ground in your formal rep.
Additionally, request a discretionally cancellation since this
is your first instance of receiving a PCN for this contravention
code, Although, they may disregard it, causing a procedural
impropriety.
[/hr]
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How would a non-resident of the borough know how to become
notified of an Event Day, if upon the entry of the main junction
of the road, usually a RPZ / CPZ signage is erected listing the
Event day in force, there is no notification or mention of an
Event Day in force? Would one drive aimlessly around a non
familiar borough searching for signage wasting their limited
time one has for their stated reason of visiting the borough?
Would one call through to the borough on Sunday asking for
assistance or rather search online to be told "The London
Borough of Newham rely on information stated on the London
Stadium website, which it has no control over and unfortunately
this may not always show the full schedule of upcoming events.
As a precaution all motorists should check the parking signs
displayed at the relevant locations to see if an event is taking
place’. The signs in place are updated prior to each event at
the stadium" Should Newham desire to enforce an Event Day there
must be Event Day in force notice, erected upon signage, that is
nearby, adequate, clearly visible and legible, so motorists can
be informed as per the duty of the local authority.[/hr]
#Post#: 42293--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: October 25, 2024, 7:29 am
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Jamran - the rejection seems to have disappeared please repost
it.
#Post#: 42313--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: October 25, 2024, 8:31 am
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Sorry
HTML https://share.icloud.com/photos/082-UMrsCNUm6Jvk7o3Zwo4Mg
#Post#: 42379--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: October 25, 2024, 12:30 pm
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It's OK - I see I posted the rejection.
I would try this but it's almost certain to end up at the
tribunal but I would like to see another adjudicator pay
attention to these points. At tribunal I would also introduce
comparison with say Islington.
----------
I am making representations against the PCN on the grounds that
no contravention occurred according to a reasonable
understanding of the sign at the parking place, which led me to
believe I was parked legally.
The sign says there is 30 mins parking 8am - 6.30pm Mon-Sat and
below that on event days this is extended to 9pm. There is no
mention that this could apply to Sunday, which is when I parked
and if you do mean it to include Sunday the sign must say so.
This was accepted in the grounds in allowed appeal 2240208187,
where the adjudicator states:
"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."
In my initial challenge I assumed the PCN was given for reason
of it being an event day, and researched how I could have known
- apparently the only such indication was a long distance away
on a dual carriageway in my journey from Mile End. This I see is
on a controlled parking zone sign.
As the adjudicator in 2240208187 also said regarding a similar
alleged contravention:
"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."
This is the position I was in and I feel you have failed in your
duty to sign a restriction adequately, and I am also unhappy
with your rejection of my informal challenge, which gives no
detail as to why you believe a contravention occurred.
So I am putting the above points to you in the hope you will
address them and concede that there are grounds to cancel the
PCN.
I look forward to your early reply.
#Post#: 44843--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: November 9, 2024, 6:33 pm
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Update:
Got letter of rejection through the post today. Not surprised.
Any thoughts and advice would be appreciated
HTML https://share.icloud.com/photos/02daUbmqb_l1aFUp3mGKEvzeA
#Post#: 44857--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: mrmustard
Date: November 10, 2024, 3:26 am
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I have just done an event day pcn in a cpz zone. Newham did not
have photos of the entry signs except from July 23. The traffic
order did not define an event day. Both of these are fatal to
the council case. I can be your free representative. I am at the
tribunal every week, already got cases listed up to 18 december.
For help please email the unredacted notice of rejection to
mrmustard@zoho.com
#Post#: 44930--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: November 10, 2024, 12:19 pm
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Mr M what is the case ref for one you've done.
OP - I would take Mr M up on his offer of course. They have
reoffered the discount but you should have confidence this will
either be won or not contested.
If it is contested I would like to see the signage issues
examined as per the case I posted - both the local sign and the
far away event sign - but adjudicators usually accept the most
compelling grounds and disregard others and if there is an order
issue then that will no doubt take priority.
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