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#Post#: 43030--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: stamfordman
Date: October 29, 2024, 5:42 pm
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You can try a polite ask based on working for a resident and
misunderstanding the private/public parking but this is Newham
and they are unlikely to cancel. In fact they would probably
have towed you had it been a car.
#Post#: 43048--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: estevenin
Date: October 29, 2024, 8:18 pm
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Definitely appeal, if they'll take money out of you, then you
might as well make them work for it.
I can understand that, if you'r not used to road restrictions,
that situation could be confusing, as the private parking areas
are all off that road, with the main road beeing the public
road.
But an adjudicator won't, you are meant to know the difference,
and you have a sign right behind the van and there's is no
chance of getting that cancelled on that ground (If you could
send the exact location, we can see where the UKPC sign is
exactly compared to your van0.
I do see one possible angle here, others might confirm if that
could work on your case or not, but if you get nothing else on
time, use this :
I challenge this PCN on the ground of procedural impropriety :
- The allegation in the Penalty Charge Notice is the
standardized and rather complex wording of a "12" allegation.
It consists of 43 words and encompasses the possibility of
application to four different ways in which a contravention
might occur.
The reason for this standardization relates to how the Mayor of
London authorizes rates of penalty, however, this does not
exempt the local authority from the legal necessity of giving to
myself an adequate description of why the claim to penalty is
being made.
This is to allow me to be able to make an informed decision as
to whether to pay the discount rate or dispute the PCN.
The PCN did not, adequately explain the nature of the
allegation, and this is a procedural impropriety.
- Further to that, as this contravention code (12) covers
different types of bays, it is essential that the suffixes and
the additional explanatory wording issued with the contravention
codes (in this case Suffix R -Residents bay) are used as
motorists are entitled to know in which type of bay they were in
when the contravention occurred.
This is confirmed at paragraph 6 of the guidance issued in the
FAQ on Differential Parking Penalties issued on 15 May 2007 to
the various London local authorities.
No suffix can be seen on the copy Penalty Charge notice, and
this is another procedural impropriety.
The council will reject this, as they always do, no matter what
you write. The next step after the rejection, is to appeal to
the London Tribunals, but if you loose you pay double the fine.
So they gamble on the fact that you won't take the chance, and
they will reject your representations either way.
In any case, again, doesn't cost nothing to appeal, and make
them work for your money either way.
#Post#: 43051--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: ivanleo
Date: October 29, 2024, 9:03 pm
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[member=3136]enajila29[/member] what is the exact nature of the
work you were undertaking?
I think the traffic order is The Newham (Royal Docks East)
(Parking Places) (No. 1) Order 2017
HTML https://drive.google.com/file/d/1wOJUr7GPVW5oHtCPu4HiGfmZCdhSCFL8/view<br
/>(although I have not looked for the exact entry for this
particular bay), and there are various exemptions that might
apply depending on what sort of work you were doing.
#Post#: 43083--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: enajila29
Date: October 30, 2024, 4:18 am
---------------------------------------------------------
Thanks very much for replying, I appreciate your time.
--- Quote from: cp8759 link ---
>
> [member=3136]enajila29[/member] what is the exact nature of
the work you were undertaking?
>
--- End Quote ---
I was cleaning for one of the residents. I doubt there's an
exemption for that unfortunately.
It's my nature to want to appeal but, unfortunately, given my
current circumstances, I cannot take the chance that I will end
up paying double the fine. For that reason it sounds as though I
will have to pay it :(
#Post#: 43084--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: enajila29
Date: October 30, 2024, 4:24 am
---------------------------------------------------------
Thanks for your reply, I really appreciate your time in laying
this out for me.
--- Quote from: estevenin link ---
>
> If you could send the exact location, we can see where the
UKPC sign is exactly compared to your van0.
>
--- End Quote ---
This is the Google Street View location:
HTML https://maps.app.goo.gl/TYRZAD6EXz9PpYZA8
Does that help?
--- Quote from: estevenin link ---
>
> [i]I challenge this PCN on the ground of procedural
impropriety :
>
> The council will reject this, as they always do, no matter
what you write. The next step after the rejection, is to appeal
to the London Tribunals, but if you loose you pay double the
fine. So they gamble on the fact that you won't take the chance,
and they will reject your representations either way.
>
--- End Quote ---
I like your thinking but as I said to someone else,
unfortunately, given my current circumstances, I'm not in a
position to take the chance that I will end up paying double the
fine :(
#Post#: 43101--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: H C Andersen
Date: October 30, 2024, 5:25 am
---------------------------------------------------------
The next step after the rejection, is to appeal to the London
Tribunals,..
This comment has put you off, which is a shame because it's not
correct.
The stages are:
PCN issued to the vehicle. This may be challenged. This is where
you are.
If you submit a challenge no later than Friday 1 Nov. then the
discount will be re-offered if you're unsuccessful.( it says
this on the back of the PCN).
Any challenge you make before Sat.(do it online) is risk free.
Next stage - a Notice to Owner would be served on the registered
keeper. Are you the registered keeper or is the vehicle perhaps
hired?
Then appeal. But you're nowhere near this stage.
#Post#: 43116--------------------------------------------------
Re: PCN - Newham - parked in residents' place without a valid
permit
DIR By: enajila29
Date: October 30, 2024, 6:36 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> You can try a polite ask based on working for a resident and
misunderstanding the private/public parking but this is Newham
and they are unlikely to cancel. In fact they would probably
have towed you had it been a car.
>
--- End Quote ---
This is helpful to know, thanks. Shocking to hear I could have
been towed if in a car though!
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