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#Post#: 44961--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: November 10, 2024, 2:45 pm
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Emailed you. Thanks
#Post#: 45209--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: mrmustard
Date: November 12, 2024, 8:00 am
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Checked back, the case I was thinking of was Tower Hamlets not
Newham but there are still good arguments in this case.
Just starting the Appeal now, on the following basis:
The representations as made are relied upon.
It is denied that the council have the right to regard the sale
of chicken as an event requiring extra parking restrictions.
It is denied that the council have incorporated this right into
a traffic order or even that the traffic order mentions event
days.
It is denied that zone entry signs had been updated to show the
date of 28 July 2024.
It is denied that there is any link between a zone entry sign
which sets the times for otherwise unsigned single yellow lines
and a bay sign. Nothing on the bay sign informs a driver if it
is an event day or not.
#Post#: 49329--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: December 11, 2024, 6:58 am
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Case yesterday.
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2240495930
10 Dec 2024
This PCN was issued for the alleged contravention of being
parked in a permit holder only parking bay in Holland Road at
9.18am on Sunday 9 June 2024 without a valid permit.
I have looked at the CEO's photographs and the Council's site
images. These show that Mr Manners' car was parked in a bay
which was signed as being for parking by permit holders only
during the restricted hours of 9am to 6pm from Mondays to
Fridays. Beneath this, a further restriction read "On event days
8am to 9pm". It is not in dispute that there was no valid permit
for parking.
The Council's evidence shows that Sunday 9 June 2024 was an
Event Day.
Mr Manners appeals because he says that the signage was not
clear in Holland Road. He says 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, will be aware of Event Day restrictions. However, a
motorist parking in a resident's bay or a shared use bay is
subject to the signed restrictions for the bay which may or may
not be the same as CPZ restrictions.
The time plate for this bay 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 misleading. The wording "On event days 8am
to 9pm" appears directly beneath the Monday to Friday normal
restricted hours so that the motorist could easily read the
added restriction as meaning event days which are between Monday
and Friday.
I therefore find that the signage was not adequate and I allow
the appeal for that reason.
#Post#: 49383--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: Jamran
Date: December 11, 2024, 10:51 am
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Thank you. Very promising
#Post#: 52598--------------------------------------------------
Re: Newham PCN event day code 30
DIR By: stamfordman
Date: January 9, 2025, 6:00 am
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Play a game of chicken with Mr Mustard and you will lose.
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Case reference
I heard this appeal by telephone speaking to the Appellant’s
representative Mr Dishman. His case is essentially that the sale
of chicken does not amount to an event day and that the signage
indicating the presence of an event day was in adequate. The
onus is on the Council to prove that the day was an event day in
law and that this fact was clearly and correctly indicated.
An event day is defined in the Traffic Management Order provided
by the Council as (so far as is relevant to the present case)
“any other sporting or non-sporting activity which in the
opinion of the Traffic Manager for the London Borough of Newham
is likely to benefit from the scheme being in force”. There
seems to me to be no evidence from such a person that he/she
formed that opinion. In the circumstances I am unable to be
satisfied the day in question was an event day within the
meaning of the TMO and the Appeal must be allowed on that ground
alone.
(It is therefore unnecessary to consider whether the signage in
place on the route described by the Appellant was sufficiently
clear – something which might well have necessitated an
adjournment for the Council and/or the appellant to provide
photographic evidence of the particular sign passed and its
location.)
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