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#Post#: 11080--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: summer day
Date: November 24, 2023, 5:55 am
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"You state that you do not believe your vehicle was parked
causing an obstruction at the time the PCN was issued."
What I stated was that I wasn't parked on the footpath. I wasn't
issued the PCN for causing an obstruction!
#Post#: 11189--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: ivanleo
Date: November 25, 2023, 10:02 am
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Well as the discount has not been reoffered, it's a no-brainer
to appeal to the tribunal. I recommend you log the appeal online
at
HTML https://londontribunals.org.uk/
and ask for a personal
hearing, when asked for a time and date, tick all the boxes.
The reason for this is that owing to staffing problems, the
council is not presenting evidence in the majority of cases, and
if there's no evidence then you win by default. By ticking every
single hearing time this ensures the tribunal assigns the
nearest possible time and date, so it gives the council less
time to prepare its evidence pack.
If there is no evidence pack the hearing is cancelled as there's
nothing for the adjudicator to consider.
If contrary to our expectations they do prepare an evidence
pack, you can simply call up the tribunal and postpone the
hearing to a convenient date (the tribunal staff can arrange up
to two reschedules of up to 28 days each administratively), so
you don't have to worry about not having time to prepare.
#Post#: 11514--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: summer day
Date: November 29, 2023, 5:21 am
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Tribunals have got back to me with 2nd January as the date, but
it says the authority probably won't attend.
--- Quote ---
> We have sent a copy of your appeal to the Enforcement
Authority. The authority is unlikely to
> participate in the hearing. You should receive a copy of the
Enforcement Authority’s evidence directly
> from the authority at least three days before the hearing. If
you have been issued a verification code
> by the Enforcement Authority you may also view the evidence
via the appellant portal on our website.
--- End Quote ---
#Post#: 11581--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: ivanleo
Date: November 29, 2023, 3:41 pm
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The authority seldom attend, but they don't have to. What they
are required to do is supply their evidence, which they might or
might not do.
#Post#: 13118--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: summer day
Date: December 31, 2023, 4:53 am
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My hearing date is Wednesday 2nd.
I have received their evidence today. It has copies of PCN and
all correspondence and this seems to be the relevant part.
--- Quote ---
> At the time the PCN was issued the vehicle was not parked
within the confines of a marked parking bay. The vehicle was
parked on a vehicle crossover giving access to an area protected
by lockable bollards to provide emergency access in the event of
a fire. Prior to the PCN being issued further bollards had been
erected in the area in an effort to prevent parking on the
footway whilst maintaining the access to frontages for emergency
vehicles.
>
> The carriageway is actually set apart by the vented bricks to
identify the kerb, in order to stop motorists blocking the
access to emergency vehicles.
--- End Quote ---
They have handwritten that the vented bricks are the kerb
marking, but those vented bricks run along the whole road, which
would mean all the parking bays were on the footpath.
Also there are no bollards behind where my car is parked
stopping you from driving on the actual footpath, but it is
clearly defined by the kerbstones.
Do I need to upload any more evidence, what do I say at the
hearing?
[attachment deleted by admin]
#Post#: 13119--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: Hippocrates
Date: December 31, 2023, 5:26 am
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Are you representing yourself?
1. There used to be a practice direction by the penultimate
Chief Adjudicator, Martin Wood, which ruled that the case should
be allowed if the council served their pack less than three days
before the hearing.
2. If the adjudicator does not agree to allow on this basis -
quote it verbatim - ask for an adjournment.
#Post#: 13120--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: H C Andersen
Date: December 31, 2023, 5:28 am
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I would use something along the following lines:
Sir,
My constant argument in this case has been that I was not parked
on the footway and that the edge of the carriageway lay behind
my car and not, as asserted by the council, in front.
In their evidence the authority have captured this point and I
refer you to their evidence(wherever it is e.g. page and
paragraph) in which they state:
The carriageway is actually set apart by the vented bricks to
identify the kerb, in order to stop motorists blocking the
access to emergency vehicles.
I also refer you to the signed parking places along this road,
each of which reserves an area beyond the 'vented bricks' for
the parking of vehicles(utilising the alternative -to white
lines- form of road markings permitted under para.2(3) to Part 5
of Schedule 7 to the Traffic Signs etc. Regs). In none of these
cases does the traffic sign indicate that the area is situated
on the footway, which would require the use of the sign
specified for this purpose at Item 4 in the Part 4 sign table
in Schedule 4 to the Traffic Signs etc. Regs. I concluded and
would still conclude that the traffic signs placed by the
council indicate parking places placed on the carriageway and
bounded by the 'vented bricks' on one side and kerbstones (laid
flush with the footway and marking the edge of the carriageway
to the rear.
The configuration where I parked is exactly the same i.e.
'vented bricks' to the front and kerbstones to the rear. I
therefore ask the adjudicator to accept that I was parked on an
unrestricted length of carriageway and not footway.
2 (3) The bay may be varied to contrast, in pattern or colour,
from the surrounding parts of the road and any adjoining bays,
in which case the marking may be omitted.
#Post#: 13121--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: summer day
Date: December 31, 2023, 5:31 am
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Thanks, what about this in their statement "The vehicle was
parked on a vehicle crossover" I think this admits its not
footpath.
#Post#: 13122--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: summer day
Date: December 31, 2023, 6:09 am
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I will be representing myself. Do you have a link to this?
--- Quote from: Hippocrates link ---
>
> Are you representing yourself?
>
> 1. There used to be a practice direction by the penultimate
Chief Adjudicator, Martin Wood, which ruled that the case should
be allowed if the council served their pack less than three days
before the hearing.
>
> 2. If the adjudicator does not agree to allow on this basis -
quote it verbatim - ask for an adjournment.
>
--- End Quote ---
#Post#: 13125--------------------------------------------------
Re: Greenwich - Code 624 one or more wheels over footpath -
John Harrison Way
DIR By: Hippocrates
Date: December 31, 2023, 6:41 am
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HTML http://forums.pepipoo.com/index.php?showtopic=90145&pid=1267351&mode=threaded&start=100#entry1267351
HTML http://forums.pepipoo.com/index.php?showtopic=87990
2160240979; 2170037563.
I am not aware that this direction has been superseded or not;
but, I did represent a pepipoo member last year and asked the
adjudicator to allow the appeal on this similar basis and was
only offered an adjournment. In that case, I decided to carry on
and won. You must decide whether you are prepared enough to do
this alone.
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