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#Post#: 5705--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: ivanleo
Date: September 21, 2023, 3:41 pm
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Honestly I would just make the same representation again.
#Post#: 5726--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: johnsmith22
Date: September 21, 2023, 5:35 pm
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Would that be the exact same one as you posted further up this
thread? ...
"Dear London Borough of Tower Hamlets,
I challenge liability because the alleged contravention did not
occur. My car was parked within a marked footway parking bay, as
confirmed by the CEO's photos. I can only assume the CEO issued
the PCN in error.
Yours faithfully,"
#Post#: 5835--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: ivanleo
Date: September 22, 2023, 5:00 pm
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Yes.
#Post#: 7906--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: johnsmith22
Date: October 20, 2023, 3:31 pm
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Dear cp8759
Yesterday I had this reply from Tower Hamlets. Marked in the
same google drive link as 'Response 19/10/23'
HTML https://drive.google.com/file/d/1yrN5RC_JykqmWl8R4kT0knLNssnOiWjv/view?usp=share_link
In your opinion, is this worth appealing further?
Many thanks,
Ben
#Post#: 7908--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: fraser.mitchell
Date: October 20, 2023, 4:22 pm
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For me this is a difficult one. It is obvious that there once
was a bay there, but the council decided to put in a short
length of double-yellow lines and to paint out the bay markings
with black over-paint which has partly worn off. All
double-yellow lines apply to a road, so apply to footways and
verges up to the property line; in your case, the wall.
Here is the location shown on GSV July 2022.
HTML https://maps.app.goo.gl/f3qd4Dw6vhUewGFb8
It is clear the double-yellows are placed there to allow free
exit from the building. Personally, I'd be reluctant to take
this to London Tribunals as the double-yellow lines are clear.
#Post#: 7913--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: roythebus
Date: October 20, 2023, 5:29 pm
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Is it worth looking at the TRO to see if that has been amended
to include the short bit of DYL?
#Post#: 7917--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: fraser.mitchell
Date: October 20, 2023, 6:00 pm
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Mea Culpa !
Looking at my own post, it's a load of complete boll+ks, because
the PCN is not for the double-yellow lines, but for parking
off-carriageway. However, these tend to be harder to refute than
PCNs for DYLs ! Looking at the sign, there is below the
pay-to-park arrangements, a sign allowing off-carriageway
parking in marked bays only. I still hold to my view that there
is no clear bay where the OP parked, with its adjacent
double-yellow lines, however.........
I thought a look on GSV might turn up something and it did.
Here is GSV March 2017.
HTML https://maps.app.goo.gl/LygfkRNdBqGELtfy5
Note that there is nothing about off-carriageway parking, so the
parking bays are part of the carriageway.
But in May 2018, by some council sleight-of-hand, the bays are
apparently now off-carriagway, yet the street remains unchanged.
HTML https://maps.app.goo.gl/ujwucw7Z9VbE2tKR8
How can the parking bay now be off-carriageway, yet a year
before it was carriageway ?
So maybe worth a punt at London Tribunals !
#Post#: 7996--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: ivanleo
Date: October 21, 2023, 11:53 am
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--- Quote from: Incandescent link ---
>
> For me this is a difficult one. It is obvious that there once
was a bay there, but the council decided to put in a short
length of double-yellow lines and to paint out the bay markings
with black over-paint which has partly worn off.
>
--- End Quote ---
This is the key point, the bay has partially reappeared so it's
ambiguous. In Trudie Tinsley v London Borough of Waltham Forest
(2210064678, 13 March 2021)
HTML https://drive.google.com/uc?id=1AqJ7x3flIn5blwk_6Sw2czMd_k4U4P0X<br
/>adjudicator Belinda Pearce said:
[indent]
The contemporaneous photographic capture was examined to
evaluate the allegation in conjunction with the Appellant's
representations.
The said vehicle is positioned within identifiable bay markings;
one edge of the broken white bay demarcation being indented on
the pavement clearly inducing motorists to position vehicles
within such delineations and thereby parking with 2 wheels off
the carriageway.
I find that the that the presence of the bay lines in the
vicinity encourage such manner of parking and invite motorists
to park off carriageway.
It is of concern that the Enforcement Authority state that the
bay markings have 'been partially removed.'
Partial removal is unacceptable if the Enforcement Authority's
intent is to remove the ability of motorists to so park.
Evidentially I do not find that the contravention occurred,
accordingly I allow this Appeal.
[/indent]
I can't guarantee the outcome, but if you want to carry on I'm
happy to represent you at the tribunal.
#Post#: 8019--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: johnsmith22
Date: October 21, 2023, 3:09 pm
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Thank you all for your replies. I would greatly appreciate that
cp8759.
Two questions:
1) How would we proceed if you were to represent me at tribunal?
2) If they were to reject the appeal, what charges would I be
looking at?
Many thanks,
#Post#: 8029--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: fraser.mitchell
Date: October 21, 2023, 6:22 pm
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--- Quote from: johnsmith22 link ---
>
> Thank you all for your replies. I would greatly appreciate
that cp8759.
>
> Two questions:
> 1) How would we proceed if you were to represent me at
tribunal?
>
> 2) If they were to reject the appeal, what charges would I be
looking at?
>
> Many thanks,
>
--- End Quote ---
The full PCN penalty, but no more.
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