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#Post#: 45251--------------------------------------------------
Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: Blaz
Date: November 12, 2024, 10:11 am
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I need advice on two PCNs I got issued by Newham Council, London
on the same night (at 22:35 and 5:11).
The contravention stated: 'Parked in a special enforcement area
more than 50 cm from the edge of the carriageway and not within
a designated parking space.'
See photos in -
HTML https://www.dropbox.com/scl/fo/mo550rgn68rfpn67xclvy/ACGZkjH-YiJQ6wUD3OeC3n0?rlkey=pluxsknl09mr0d8hr64ta2xqd&st=kot70fr9&dl=0.<br
/>
See location:
HTML https://maps.app.goo.gl/XsMNtfXdgnZghL439
I have sent informal appeals for both tickets saying no
contravention has occurred as my car is less than 50cm from the
kerb and that there are no lines drawn designating parking
spaces, so I couldn’t have been out of boundary. Also in the
appeal for the 5 am ticket I have stated, the simple fact that I
was in bed at 10 pm when both of these tickets were issued and
was not able to move the car when the 1st ticket was issued.
They have rejected my appeal by sending me copy/paste letters
stating the actual reason was that I double parked another
vehicle
There was only one car in the vicinity that could be seen as
blocked by my car and actually, when I was removing the tickets
from my car, my neighbour pulled his car back to that same spot
- a Black Toyota Prius LO08 HXV). So in fact he wasn't blocked
as he was able to get out and back in. It's a subjective
judgement of the traffic officer, which was wrong and it's his
word against mine.
I've read that parking more than 50cm away from the kerb
classifies you as double parked. I think it's pretty clear that
my car is less than 50cm from the kerb, but unfortunately, I
didn't think of taking a photo with a tape measure. I included a
photo with tape measure of my tyre diameter for scale and also a
photo to show how far is 50cm from the kerb. I think from those
it's pretty clear my car is within 50cm from the kerb.
I should also mention that before going to bed I saw another car
parked opposite mine (spot 3 on annotated photo) which was in
fact blocking three cars: my car, my neighbour’s car mentioned
earlier and another car (cars 1,2,4). I don't have a photo of
this vehicle as it was already gone in the morning when I
realized I got a ticket. This blocking vehicle has also received
a ticket so the council must have photos taken by the traffic
warden.
I'd be very grateful for your advice on this matter.
Should I try and take this further with a formal appeal? For
which tickets and what should I state in appeals? Would a
written statement from my neighbour saying that he was able to
move his car be of any significance here?
Please let me know if I can provide any more information.
Kind regards,
Blaz
[attachment deleted by admin]
#Post#: 45260--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: stamfordman
Date: November 12, 2024, 10:39 am
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Their pics show you parked right by the kerb surely.
This is a wrong alleged contravention - for code 26 you have to
be both more than 50cm from a kerb and outside a parking space.
Code 24 is perhaps what they should have given - Not parked
correctly within the markings of the bay or space.
HTML https://i.ibb.co/f2F56YF/image.png
#Post#: 45270--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: fraser.mitchell
Date: November 12, 2024, 11:43 am
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It is so blatantly obvious the contravention did not occur, if
they are obdurate and you have to go to adjudication, demand
costs.
#Post#: 45272--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: Blaz
Date: November 12, 2024, 11:47 am
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Thank you for getting back so quick!
So just to be clear - given they stated a wrong contravention
code I should go ahead and make a formal representation?
Can they change the code to 24 post factum? Even then, as you
can see from the photos there are no lines indicating parking
bays on the entire street.
My understanding is that they are saying I double parked - my
layman's interpretation of 'double parked' is that I blocked
another vehicle from moving out of the parking space. Is that
even the issue here or is it actually just down to the 50 cm?
It baffles me if that's the case as even after 'I have carefully
considered your comments...' they still insist it's more than
half a metre ??? from the kerb and reject the appeal.
What's going on here?
#Post#: 45273--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: Blaz
Date: November 12, 2024, 11:49 am
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Sorry.....literally at the same time as Incandescent. Didn't
see.
Thanks to both!
#Post#: 45275--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: stamfordman
Date: November 12, 2024, 11:51 am
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Post the PCN so we can be sure but the rejection cites the wrong
contravention.
No, they can't allege something different to what is on the PCN.
#Post#: 45278--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: Blaz
Date: November 12, 2024, 11:55 am
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Ahh sorry missed it - it's also in the Dropbox now.
[attachment deleted by admin]
#Post#: 45279--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: stamfordman
Date: November 12, 2024, 12:12 pm
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The second one is a continuous contravention if car not moved so
that must be cancelled but it isn't the contravention alleged
anyway.
Be careful as if Newham can get a tow truck in there they'll
whip your car off to the pound...
HTML https://i.ibb.co/K2NpMWB/image.png
#Post#: 45281--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: Blaz
Date: November 12, 2024, 12:20 pm
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'Be careful as if Newham can get a tow truck in there they'll
whip your car off to the pound...'
Look at the times - 22:35 and 5:11. I was unconscious.
I do get what you mean. I moved it as soon as I saw the ticket
of course.
#Post#: 45282--------------------------------------------------
Re: Newham council, London , Contravention code 26, rejected
informal appeal
DIR By: stamfordman
Date: November 12, 2024, 12:26 pm
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I would wait for the NTOs for both.
Are you the registered keeper and is the v5C logbook address
correct.
As this high stakes - £260 - wait for other views but the second
one cannot stand whatever.
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