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#Post#: 3609--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: ivanleo
Date: August 20, 2023, 6:07 pm
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--- Quote from: george74 link ---
>
> We parked in a residential bay marked HW...
>
--- End Quote ---
No you didn't:
HTML https://i.imgur.com/1Ee6FqD.jpg
HTML https://i.imgur.com/BtHLt4x.jpg
The sign was adjacent to the car, so an adjudicator could be
skeptical of any claims that the signage was inadequate.
One thing that is odd is that if you look at the map tile here
HTML https://store.traffweb.app/barking-dagenham/documents/parkmap/msched/X14_rv3_1.pdf,<br
/>the two bays (limited waiting and HW) are not next to each
other, there's a gap which is likely meant to accommodate the
dropped kerb that's been put in for number 315 here
HTML https://goo.gl/maps/596rfUkENrbMgCog7.
One argument might be that the residents' bay isn't where it
purports to be, and the bay should have been removed because
legally it doesn't exist, and the signage mislead you. On the
flip side, your car was right next to the limited waiting time
plate.
#Post#: 3786--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: August 24, 2023, 4:36 am
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I submitted the following for my challenge:
"I have a virtual courtesy BB, details of which can be checked
against vehicle registration.
This equates to the physical BB being displayed and as such, the
contravention stated cannot occur.
I also have to query the clarity of the road markings, it being
unclear whether I was parked within a resident's permit bay or a
short stay bay. Both are unlimited time for BB holders but is
confusing to the diligent driver."
I received the following rejection today:
I refer to your challenge against the above Penalty Charge
Notice, which has now been considered in accordance with the
Traffic Management Act 2004.
The Penalty Charge Notice (PCN) was issued to you because your
vehicle was observed parked in a parking space for longer than
the maximum period during prescribed hours.
I have investigated the circumstances raised in your
correspondence and have made the decision to not cancel your
notice. The reasons for my decision are set out below, along
with the options available to you at this stage.
The Civil Enforcement Officer (CEO) issued your Penalty Charge
Notice (PCN) as they witnessed the vehicle ‘parked for longer
than permitted’. The contravention covers a number of
circumstances in which a vehicle waits for longer than the
permitted period.
The Council limits the time a motorist may park their vehicles
in certain parking places, this is to ensure there is a constant
turnover of places available to the public. We expect motorists
who make use of a parking place with a time limit to return to
their vehicle on or before the time of expiry.
The Notice was issued as the vehicle was parked in a ‘free’ bay
for longer than the maximum period allowed. A vehicle is
permitted to park without payment in this type of bay for a
maximum period of 1 hour. Once this time has expired, the
vehicle must be moved and may not return to the bay for two
hours. There is a sign above the bay, which gives clear details
of these restrictions.
Disabled badge holders / permit holders are not exempt from this
contravention.
I must therefore still request payment of £30.00 before the end
of the period of 14 days beginning with the date of service of
this letter. If payment is not received within this time the
full amount of £60.00 will be due.
The full penalty charge of £60.00 is now due to be paid before
the end of the period of 28 days, beginning with the date that
this letter is served on you.
If you accept the decision in this letter and do not intend to
make a formal representation, the penalty is reduced by 50% to
£30.00 if payment is made to the council within 14 days from the
date this letter is served on you. If you want to pay, please
see the “How to Pay” section at the end of this letter.
If you disagree with my findings and would like to make a formal
representation to the Council, you should wait until you receive
a Notice to Owner. The Notice to Owner will be sent after a
period of 28 days.
The Notice to Owner gives you the opportunity to make a formal
representation against the Penalty Charge Notice, however, in
doing so you will lose the right of discount and will be
required to pay the full amount of £60.00 if your representation
is rejected. Should your representation be accepted, the Penalty
Charge Notice will be cancelled.
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#Post#: 3789--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: Pastmybest
Date: August 24, 2023, 4:53 am
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The council are wrong they must allow an exemption for vehicles
displaying a BB
Exemption from prohibitions on waiting beyond a specified time
7.—(1) This regulation applies to an order made under section 1,
6, 9, 35, 45 or 46 of the 1984 Act if–
(a)the order includes a provision prohibiting the waiting of
vehicles or vehicles of any class in a road either–
(i)beyond a specified period; or
(ii)where less than a specified period has elapsed since a
previous period of waiting by the same vehicle in that road, and
(b)the prohibition does not apply to all vehicles except
disabled persons' vehicles.
(2) An order to which this regulation applies shall include an
exemption from the prohibition in favour of any vehicle
displaying a disabled person’s badge in the relevant position.
#Post#: 3790--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: DancingDad
Date: August 24, 2023, 5:11 am
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--- Quote from: Pastmybest link ---
>
> The council are wrong they must allow an exemption for
vehicles displaying a BB
>
> Exemption from prohibitions on waiting beyond a specified time
> 7.—(1) This regulation applies to an order made under section
1, 6, 9, 35, 45 or 46 of the 1984 Act if–
>
> (a)the order includes a provision prohibiting the waiting of
vehicles or vehicles of any class in a road either–
> (i)beyond a specified period; or
> (ii)where less than a specified period has elapsed since a
previous period of waiting by the same vehicle in that road, and
> (b)the prohibition does not apply to all vehicles except
disabled persons' vehicles.
> (2) An order to which this regulation applies shall include an
exemption from the prohibition in favour of any vehicle
displaying a disabled person’s badge in the relevant position.
>
--- End Quote ---
What he said.
There has to be an exemption for BB holders
And being as they haven't objected to the use of the Virtual BB.
ie said it doesn't count outside of permit bays (or similar) I
now regard this as close to a 100% certainty as we see.
#Post#: 3940--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: ivanleo
Date: August 27, 2023, 10:41 am
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I would definitely wait for the Notice to Owner in this case.
#Post#: 3946--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: Pastmybest
Date: August 27, 2023, 11:29 am
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Once you have the NTO i will draft a representation for you
#Post#: 4722--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: September 10, 2023, 6:05 am
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Thanks all.
Just want to add, I took pictures a couple weeks ago of the bay:
HTML https://ibb.co/WFcftmv
HTML https://ibb.co/KWHgx4g
HTML https://ibb.co/fFkFhj5
HTML https://ibb.co/hFYs8vJ
HTML https://ibb.co/kgkVmTN
HTML https://ibb.co/yRbcyfF
#Post#: 4724--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: Pastmybest
Date: September 10, 2023, 6:31 am
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have you got the NTO yet
#Post#: 4815--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: ivanleo
Date: September 10, 2023, 4:52 pm
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That looks open and shut on the issue of ambiguous signage. As
PMB says, you need the NTO in order to challenge this further.
#Post#: 9946--------------------------------------------------
Re: Dagenham - Contravention Code 30, parked too long
DIR By: george74
Date: November 12, 2023, 12:28 pm
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I've been away since 02/11/2023 but receiced a letter on
02/11/2023 (only read today (12/11/2023)) for a charge
certificate as I did not respond to the NTO they sent on
28/09/2023.
But I never received the NTO. I had been mindful about it and
have been waiting for it.
What are my next steps?
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