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#Post#: 44010--------------------------------------------------
Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Brownbear20
Date: November 4, 2024, 7:22 pm
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Hi Everyone,
I'm looking for advice on how to proceed as I received a notice
of rejection for an appeal I made to the council. I did not know
about this website before appealing to the council which I now
regret.
I received a PCN in September for entering a school street
during restricted hours. I live in the school street and often
need to do so. I received a PCN as my virtual permit had
expired. The permit is free of cost and residents are exempt in
the school street zones.
HTML https://www.havering.gov.uk/parking-2/parking-tickets-traffic-fines/5#schoolstreetexemptionpermit
The street view is not up to date as it is from 2021 and there
are now clear signs on all sides of the roundabout.
HTML https://maps.app.goo.gl/gcXoReyPUZuna8FC7
I was naive enough to think that the PCN was issued due to
automation however once a human saw that I lived within the
school street they would cancel the PCN as my car was registered
at the address according to DVLA records and I had a permit
before and after the date of the contravention. The council did
not lose any money due to my expired permit and the schools
street scheme is not targeted towards residents. Unfortunately,
I was mistaken and my appeal was rejected.
After reading up on some similar cases posted on this site, I
noticed that my PCN was issued under the London Local
Authorities & Transport for London Act 2003. This was also
referenced in the notice of rejection I received.
However, entering a school street zone during the times of
prohibition is an offence under the Traffic Management Act 2004.
This is referenced on the Havering Council website.
HTML https://www.havering.gov.uk/parking-2/parking-tickets-traffic-fines/5
There is also no option to pay by post in the PCN.
I understand that I now have the chance to make additional
representations to the adjudicator. Can I appeal to the
adjudicator that the PCN is unenforceable or is it too late?
Havering removes the discount if you appeal any PCN so I will
not lose any extra, however any advice on the process would be
much appreciated.
I have uploaded the complete PCN and NOR to google drive below.
HTML https://drive.google.com/drive/folders/19Osq--aeQcdskYmlyDNZA_CNYeILGoUy?usp=drive_link
Many thanks in advance.
#Post#: 44095--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Hippocrates
Date: November 5, 2024, 9:45 am
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Their PCNs and website are pants. Drop me a PM if you wish to
assist you. I have two cases on 20th and have already won one on
the same issues.
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation
17 of the Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 2240327073
Appellant Kuttykrishnan Ramswaroop
Authority London Borough of Havering
VRM LB60LLU
PCN Details
PCN HG61195227
Contravention date 29 May 2024
Contravention time 18:26:00
Contravention location Main Road / Upper Brentwood Road
Penalty amount GBP 130.00
Contravention Entering and stopping in a box junction
Referral date
Decision Date 03 Sep 2024
Adjudicator Henry Michael Greenslade
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
At this scheduled personal hearing the Appellant was represented
by
Mr Morgan, who attended in person but the Enforcement Authority
did
not attend and were not represented.
Under Paragraph 11(1) in Part 7 of Schedule 9 to the Traffic
Signs
Regulations and General Directions 2016 a box junction marking
conveys the prohibition that a person must not cause a vehicle
to
enter the box junction so that the vehicle has to stop within
the
box marking due to the presence of a stationary vehicle.
The Penalty Charge Notice was issued under Section 4(1) of the
London Local Authorities and Transport for London Act 2003 on
the
basis of information provided by a camera or other device. There
appears to be no dispute that the vehicle was at this location,
as
shown in the closed-circuit television (cctv) images produced by
the
Enforcement Authority.
The Appellant’s case is that the Penalty Charge Notice is not
compliant as regards the ground for making original
representations
to the Enforcement Authority.
Paragraph 1(4) in Schedule 1 to the London Local Authorities and
Transport for London Act 2003 provides that the grounds are:
(a) that the recipient (i) never was the owner of the vehicle in
question; (ii) had ceased to be its owner before the date on
which
the penalty charge was alleged to have become payable; or (iii)
became its owner after that date;
(b) that there was no (i) contravention of a prescribed order;
or
(ii) failure to comply with an indication; or (iii)
contravention of
the lorry ban order, under subsection (5) or (7) of the said
section
4 as the case may be;
(c) that at the time the alleged contravention or failure took
place
the person who was in control of the vehicle was in control of
the
vehicle without the consent of the owner;
(d) that the recipient is a vehicle-hire firm and (i) the
vehicle in
question was at the material time hired from that firm under a
vehicle hiring agreement; and (ii) the person hiring it had
signed a
statement of liability acknowledging his liability in respect of
any
penalty charge notice issued in respect of the vehicle during
the
currency of the hiring agreement; or
(e) that the penalty charge exceeded the amount applicable in
the
circumstances of the case.
The grounds for representations stated on the Penalty Charge
Notice
are:
* The alleged contravention did not occur
* You
– were never the owner of the vehicle in question
– had cease to be the owner owner before the date on which the
alleged contravention occurred, or
– became its owner after that date;
* The vehicle had been permitted to remain at rest in place in
question by a person who was in control of the vehicle without
the
the owner’s consent
* That you are a vehicle-hire firm and –
– the vehicle in question was on hire under a vehicle hiring
agreement at the time of the contravention, and
– the person hiring the vehicle had signed a statement of
liability
in respect of any penalty charge notice served during the period
of
the hiring agreement;
* The penalty charge exceeds the amount applicable in the
circumstances of the case.
* The traffic order (except where it is an order made under
Schedule
9 of the Road Traffic Regulation Act 1984) which is alleged to
have
been contravened is invalid.
The wording on the Penalty Charge Notice does not comply with
the
strict requirements of Paragraph 11(1).
Accordingly, this appeal must be allowed.
#Post#: 44133--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Hippocrates
Date: November 5, 2024, 2:13 pm
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PM sent. When is the hearing as you need to authorise me? Please
e mail me asap.
#Post#: 44148--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Brownbear20
Date: November 5, 2024, 4:25 pm
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Hi, I've just sent an email. Please do let me know if it hasn't
come through. Thanks
#Post#: 59275--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Hippocrates
Date: February 22, 2025, 4:41 am
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2240500622: "I do not consider that Parliament had intended that
the mis-statement of the grounds nullify the instant PCN."
Review refused.
#Post#: 59280--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: fraser.mitchell
Date: February 22, 2025, 5:14 am
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--- Quote from: Hippocrates link ---
>
> 2240500622: "I do not consider that Parliament had intended
that the mis-statement of the grounds nullify the instant PCN."
>
> Review refused.
>
--- End Quote ---
Or in other words, "bu**er off"
#Post#: 59281--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: catnip
Date: February 22, 2025, 5:22 am
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--- Quote from: Hippocrates link ---
>
> 2240500622: "I do not consider that Parliament had intended
that the mis-statement of the grounds nullify the instant PCN."
>
> Review refused.
>
--- End Quote ---
Does this ruling have implications for future appeals that rely
upon the grounds on the PCN being incorrect?
#Post#: 59285--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Hippocrates
Date: February 22, 2025, 5:30 am
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No decision of an adjudicator is binding on another adjudicator.
The decision will be uploaded in due course I expect.
#Post#: 59415--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: ivanleo
Date: February 23, 2025, 12:47 pm
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Outcome
HTML https://drive.google.com/file/d/1LD63VXTSITbwBjkRvb30J9SMAx0agBjO/view.
#Post#: 61129--------------------------------------------------
Re: Havering, code 53J, Entered school street during restricted
hours, Wych Elm Rd RM11/Wingletye Ln RM11
DIR By: Hippocrates
Date: March 7, 2025, 6:06 am
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Oh well, perhaps my finest hour is yet to come. :(
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