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#Post#: 7818--------------------------------------------------
NTO Newham 01a blue badge
DIR By: Fazzy
Date: October 19, 2023, 3:26 pm
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Bringing it over from here
HTML http://forums.pepipoo.com/index.php?showtopic=151789&st=0&gopid=1796226&#entry1796226
Hi all,
I can’t find any of my previous posts- I’m not sure if it’s a
glitch or if it’s all been deleted. I had previously posted this
windscreen ticket of my sister/BILs. I was advised to wait for
the NTO and go to tribunal.
I’m attaching the old PCN again plus the NtO and also posting
advice which was received in the previous post that’s gone awol.
All the pics of initial PCN, pictures of the scene, rejection
letter and the NTO:
HTML https://ibb.co/album/8YqbRT
HTML https://ibb.co/album/dG3FWd
OP----I would continue because the Council's response is
unreasonable and they haven't look at the photos.
Let's have a quick review of your case:-
Blue Badge holder parking on a Sunday;
Penalty Code 01a ---parking in a street subject to a temporary
traffic order (TTRO);
The area of work is shuttered off and there is no work on
Sunday(by Council's own policy);
The TTRO states the restricted area is between lamposts 15 and
17;
OP parked slightly beyond lampost 15 into the restricted area.
So the grounds of appeal fall to two considerations:-
1) Legitimate Expectation
I had a legitimate expectation that I could park in that bay
because the working area was completely shuttered off and no
work would take place on a Sunday. These are the Council's
environmental protocols:-
HTML https://www.newham.gov.uk/public-health-saf...olition-sites/1
This is the key enforcement photograph:-
HTML https://imgbb.com/ck54gBS
2) De Minimis
The area affected by the TTRO restrictions was between lampost
15 and lampost 17.
I agree I parked slightly beyond lampost 15 which, for some
reason, had not been enclosed by the shuttering thereby giving
me the impression that the bay was not part of the TTRO
restriction. Given the Council's photos my vehicle was some 50cm
beyond lampost 15 but before the shuttering. This is clearly a
case of de minimis and it would be unfair/unsafe for the Council
to pursue this matter.
I haven't included anything about how the Council deals with
someone who is disabled but it's obvious that they shirk their
duty under EQ legislation to give extra careful consideration to
such cases
#Post#: 7819--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: October 19, 2023, 3:27 pm
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--- Quote ---
>
> Wow! that NTO is late--just within the time allowed for issue.
>
> OP----HCA's ground is the strongest----you cannot get a Code
01 PCN for parking on a yellow line with a Blue Badge if the
clock was set correctly.
>
> The Council are trying to finesse a parking suspension
contravention which is wholly unreasonable.
>
> If you like I will write you a "kitchen sink" appeal which
covers everything members have supplied. It should be signed by
the owner/keeper of the vehicle i.e. the NTO addressee.
>
> If that appeal is rejected I am willing to represent you at
the Tribunal at no cost.
>
> Mick
>
--- End Quote ---
#Post#: 7820--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: October 19, 2023, 3:28 pm
---------------------------------------------------------
--- Quote ---
>
> Good choice.
>
> At its simplest level - which is usually the right level for
EA officers - either:
>
> 1. The contravention grounds are correct and in accordance
with the prevailing restriction(and therefore meet regulatory
standards), or
> 2. The contravention grounds are incorrect and do not accord
with the prevailing restriction.
>
> If 1, then the display of a valid BB with clock in the correct
position is an exemption and the contravention did not occur.
>
> If 2, then the grounds in the PCN are incorrect but none the
less these are the only grounds upon which the authority is
demanding a penalty. And 1 demonstrates that the display of a BB
etc. is an exemption.
>
> What the authority want to do is rewrite history. They know
that the CEO made a mistake by using code 01 because this is not
the restriction imposed by the order, rather this is:
>
> 'No person shall enter or cause to enter, park or remain in
roads mentioned in the schedule of roads below..at such times as
appropriate traffic signs are displayed...' (I think the council
meant 'no person shall cause a vehicle to enter..', people as
such don't park, they stand or sit).
>
> It therefore follows that the authority cannot now dismiss
representations made upon legitimate grounds simply because the
CEO made a mistake and they think a different contravention was
committed!
>
--- End Quote ---
#Post#: 7862--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: guest17
Date: October 20, 2023, 7:26 am
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My mistake it wasn't on a yellow line but the point made is
still valid.
Here's my draft for the OP:-
Code 01 Appeal: Priory Road, Newham
This appeal relates to PCN number PN35614550 Dated 23/04/2023
against VRM: KM72HJV
The appeal is in four parts, but each part is predicated on
errors made by the Enforcement Authority.
1. Circumstances
Driving into Priory Road there were no signs indicating the
whole area was covered by parking restrictions indeed there was
a line of parked vehicles on the side of the street where I
parked. I believed that with the works shuttering in place I had
a legitimate expectation to park in the spot I chose with my
Blue Badge on display. There was an advance warning sign next to
the shuttering but no prescribed. parking suspension sign.
2. The Contravention Did Not Occur.
The Authority has issued a Code 01 contravention which relates
to “Parked in a restricted street during prescribed hours” but
has attempted, in it’s rejection letter of 22 June, to conflate
this contravention with a parking suspension.
The display of a valid BB with the clock in the correct position
is an exemption to a Code 01 contravention so it is difficult to
determine how the Authority can enforce a penalty charge.
The Authority has not specified a Code 21 Parking Suspension
contravention on the PCN so again it is difficult to determine
how it can enforce such a restriction. If it were to continue
this line it should be pointed out that, regardless of the red
roundel, the advance warning sign cannot substitute for the
Authority’s suspension sign approved by the DfT on 22 March
2012. In this respect I refer the Authority to the Tribunal
Decision Reference 2160447106 (Saiyid Noor v London Borough of
Croydon.
3. Legitimate Expectation
I contend that I had a legitimate expectation to park in that
position given the following reasons:-
a. The shuttering indicated that the rolling programme of water
mains renewal had been completed;
b. Under the Authority’s noise and environmental protocols no
works would be carried out on a Sunday
HTML https://www.newham.gov.uk/public-health-saf...olition-sites/1
c. The effects of the Order expire once works have been
completed;
d. There was no apparent parking suspension for that bay.
4. Other Matters
I would argue that the issue of an NTO six months after the PCN
puts me in a prejudicial situation and that, as you are dealing
with a disabled person, the Authority has failed in its duty to
act fairly because of this unconscionable delay. I therefore
request the Authority to exercise its discretion and cancel this
PCN. I trust the Authority will have regard to my disability and
their statutory obligation under the Equality Act 2010 to take
my disability into account when considering this appeal. If the
Authority decide not to cancel I require it to fully explain why
it thinks my rights under the Equality Act 2010 do not merit
cancellation of the penalty charge.
Yours
Mike
#Post#: 8052--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: October 22, 2023, 7:22 am
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Thank you. Hopefully all sent off now.
#Post#: 8087--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: fraser.mitchell
Date: October 22, 2023, 12:05 pm
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Don't forget if they kick it into touch, what the Statutory
Guidance says about service of the Notice to Owner.
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions
--- Quote ---
> "The NtO may be issued 28 days after serving the penalty
charge, and we expect authorities to send them within 56 days.
The ultimate time limit, in exceptional circumstances, is 6
months [footnote 33] from the ‘relevant date’. There should be a
very good reason for waiting that long to serve an NtO"
>
>
--- End Quote ---
#Post#: 10773--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: ivanleo
Date: November 20, 2023, 5:14 pm
---------------------------------------------------------
Well guess what:
[indent]
Request
I hereby request the following information in relation to The
London Borough of Newham, Thames Water Mains Rehabilitation
Scheme - E16 Area (Temporary Prohibition of Traffic), Order
2022:
1) A copy of the actual Temporary Traffic Regulation Order (this
is not to be confused with the Notice of Making, the statement
of reasons or any other document), in PDF format with searchable
/ selectable text, inclusive of all schedules;
Response
We do not have an order as specified above as the E16 area so
therefore cannot supply this information.
[/indent]
They might decide not to pursue this after all.
#Post#: 13532--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: January 10, 2024, 2:35 am
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Hi all,
They've gone ahead and rejected again! Please see the pdf
attached.
HTML https://ibb.co/XLKnfDV
Please kindly advise on next steps.
Thank you
#Post#: 13537--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Pastmybest
Date: January 10, 2024, 3:38 am
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Well i would have advised you carry on anyway as the
contravention is wrong but that CP has been told they do not
have an order then it really is a no brainer
Give it a few days someone will draft an appeal for you or may
represent you at tribunal
#Post#: 13594--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: January 11, 2024, 7:47 am
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Thank you. I hope someone can help devise an appeal.
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