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#Post#: 71359--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 12:24 pm
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I'm confused now.. so I've got no case but I should take it all
the way??
#Post#: 71371--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: H C Andersen
Date: May 13, 2025, 1:07 pm
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I'm just setting out the process.
By all means submit a challenge along the lines of your first
post. Personally, on the basis of the known facts conveyed by
the on-site indicators I think the contravention is proved.
The authority might mess up procedurally, but this is a risk
you(and the registered keeper if not you) takes going forward.
If you use your first post you might need to expand on why your
child was dropped off at 11.40.
#Post#: 71391--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 13, 2025, 3:41 pm
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It seems to me that the TRO needs to be examined to see what it
says about this road. Could it be that it has been left
unchanged and the old layout is what is in the TRO ?
#Post#: 71392--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 3:43 pm
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What is a TRO
#Post#: 71394--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 13, 2025, 3:55 pm
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--- Quote from: ChocCustardCake link ---
>
> What is a TRO
--- End Quote ---
Traffic Regulation Order. All signs must reflect what the TRO
says. This includes yellow lines as well as signs.
#Post#: 71400--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 5:44 pm
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I am currently feeling quite overwhelmed by the information
provided. I came here seeking assistance, but the complexity of
the material has made it challenging for me to follow. As this
is all new to me, I would greatly appreciate guidance that is
broken down in a clear and straightforward manner, as though I
were a beginner. I understand that everyone here possesses a
great deal of expertise, but thus far, I have primarily felt
confused and uncertain about the strength of my appeal.
Additionally, the numerous unfamiliar terms have made it
difficult to keep up and have required a significant amount of
time to understand.
While I recognize and value the effort to help, I believe the
process could be made more accessible, especially for
individuals who are new to this. I have already spent two days
trying to navigate this, and I am still unsure of my position. I
do not intend to be critical, but I wanted to offer this
feedback regarding my experience and how I am currently feeling.
I believe that with clearer communication, the process could be
more effective for individuals in my situation.
#Post#: 71403--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 13, 2025, 7:01 pm
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I'm afraid parking and traffic contraventions enforcement is
complex and goes a long way to explain why so many people just
cough-up immediately on receiving a PCN, (>95% in fact). Most
people have no knowledge of the laws and regulations that govern
council enforcement, and assume that councils know it all. This
is very, very, far from the truth !
However, your position has lead to doubt even amongst those of
us who try to give good advice as you will have seen.
You were served with a PCN for parking off-carriageway, and this
has been an offence in London since the 70s, and requires no
lines or signs. Yet you were parked directly adjacent to
double-yellow lines that mean "No Waiting" (aka parking). So the
CEO had a choice of contraventions to use when issuing a PCN. He
chose to serve one based on parking off-carriageway, not not one
based on parked where not permitted, (the double-yellow lines).
YOu might ask why. Well, there are two exemptions to the
double-yellow lines, (1) loading/unloading, and (2)
boarding/alighting passengers. Your circumstances fit (2). There
are no exemptions to off-carriageway parking, apart from a
loading requirement needing such parking.
The assumption the CEO made is that the way the road has been
resurfaced and "improved", with the double-yellow lines moved,
means that the turning point is no longer carriageway, but an
off-carriageway part of the road, (a road is everything between
the property boundaries each side, incl carriageway, verges and
footways).
HCA says the layout shows where you parked is not carriageway,
but if that is so, why has the space got bollards round it to
mark it off specially ? Why any bollards at all ? My own view is
that the turning space remains carriageway for turning purposes,
and the council are in error. HCA disagrees with me, and the
only way to finally determine the issue is to look at what the
TRO says. That is the decider, because the new road layout must
be reflected in the TRO. If it is, you lose, if it isn't, you
win.
#Post#: 71491--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 14, 2025, 10:38 am
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Thank you so much for the detailed explanation - Where can I
obtain the TRO?
#Post#: 71546--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 14, 2025, 3:02 pm
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Anyone?
#Post#: 71573--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 14, 2025, 4:38 pm
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--- Quote from: ChocCustardCake link ---
>
> Anyone?
>
--- End Quote ---
I tried using this: -
HTML https://haveyoursay.tfl.gov.uk/tro
but Waltham Forest have no TROs on the site. It might help if
you PM our administrator, because I'm out of my depth here,
sorry !
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