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#Post#: 13599--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: H C Andersen
Date: January 11, 2024, 9:40 am
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Dear Sir,
PCN *******
VRM *******
The alleged contravention is: Parked in a restricted street
during prescribed hours.
This conveys that a simple waiting restriction was in effect and
I accept that I was parked within this restriction as I was
entitled to do as I was displaying a valid Blue Badge in the
required position with a clock.
That I was displaying a valid Blue Badge is not disputed by the
authority, but despite this being put to them in my
representations twice they have continued to reject these and
ultimately required me to make this appeal.
In their rejection of my informal representations they
acknowledged that a BB was displayed but gave their reasons for
rejection as 'the PCN was issued because my vehicle was parked
in a suspended parking bay' where a BB is not valid. That this
was not the alleged contravention wasn't even considered.
This was followed in their NOR with a totally different reason
which was that the CEO checked the car and did not see any
exempt activity, despite their photos showing the badge and
disc.
I do not know whether a different restriction to waiting was
actually in place and neither, it appears, do the authority. But
I can only respond to the alleged contravention which I have
done. Unfortunately the authority have chosen to ignore this,
but I am hopeful that the adjudicator will not and will allow my
appeal on the grounds that the contravention did not occur. I
would also submit that their actions in rejecting my
representations in total disregard of the simple facts and their
evidence constitutes unreasonable action on their part and I ask
for a steer as regards an award of costs.
For starters.
#Post#: 13808--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: January 15, 2024, 1:42 pm
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Thank you. Forever grateful for your time and effort.
#Post#: 15829--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: February 18, 2024, 2:26 pm
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Hi all,
They've sent the big evidence pack. I've had the new info
scanned and attached. Is there anything that I need to get my
sister to do to respond or just sit tight?
HTML https://jmp.sh/s/7ggLsuESMF6uKb2xXWQl
[attachment deleted by admin]
#Post#: 16025--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Enceladus
Date: February 21, 2024, 10:43 am
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[member=1]cp8759[/member]
I see that the traffic order in the evidence pack is titled:
"Thames Water Mains Rehabilitation Scheme - Various Roads
(Temporary Prohibition of Traffic) Order, 2022".
Paragraph 1 says:
"1. This order may be cited as the London Borough of Newham,
Thames Water Mains Rehabilitation Scheme - E16 Area (Temporary
Prohibition of Traffic), Order 2022"
The evidence photos of the posted sign refer to Priory Road, E6.
IE not E16. However there is a Priory Road listed in the
schedule to the order.
And Newham have already told you "We do not have an order as
specified above as the E16 area so therefore cannot supply this
information"
Does any of that help the OP or is it just a typo in the order
and substantially compliant?
I also note that the Council's submission is dated Feb 7th which
is Wednesday. The OP implies it was received by post so deemed
served on Friday the 9th. The hearing is scheduled for 13th Feb
which is Tues and so the Council's case has not been served with
three clear (working) days.
[member=160]Fazzy[/member]
Did the evidence pack arrive in the post? Does the envelope have
a post mark. Newham are notorious for postal delays. If it was
posted I'd certainly add the point above about late service to
your appeal.
#Post#: 16041--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: February 21, 2024, 1:40 pm
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Hi all,
The evidence pack was received in the post. (Pic
HTML https://ibb.co/J36qMn0)
I've only just realised after reading all the replies that the
hearing dates already passed! My sister was late in sending the
scans to me so didn’t notice the dates.
I guess there nothing to do now that the hearings happened? Or
is there somewhere we can still send the above suggestions to?
#Post#: 16043--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: ivanleo
Date: February 21, 2024, 2:52 pm
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[member=160]Fazzy[/member] did you register the appeal online,
and opt for email communication? You should have had an email
telling you the hearing date, and you could have then simply
checked the tribunal portal for the council evidence (because,
you know, it's 2024 and we have this thing called the internet).
The case has not been decided yet (or at least it's not on the
public register) and I infer from your post above that you
requested a decision on the papers, which is more or less the
worst thing you could possibly do. I suggest you call up the
tribunal tomorrow morning, ask if there has been a decision, and
if there hasn't change the hearing to a personal or telephone
hearing.
If you are able to get a hearing, tell us the date!
And please tag me in your response on here or I might not see it
in time.
#Post#: 16284--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: February 26, 2024, 4:33 am
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--- Quote from: cp8759 link ---
>
> [member=160]Fazzy[/member] did you register the appeal online,
and opt for email communication? You should have had an email
telling you the hearing date, and you could have then simply
checked the tribunal portal for the council evidence (because,
you know, it's 2024 and we have this thing called the internet).
>
> The case has not been decided yet (or at least it's not on the
public register) and I infer from your post above that you
requested a decision on the papers, which is more or less the
worst thing you could possibly do. I suggest you call up the
tribunal tomorrow morning, ask if there has been a decision, and
if there hasn't change the hearing to a personal or telephone
hearing.
>
> If you are able to get a hearing, tell us the date!
>
> And please tag me in your response on here or I might not see
it in time.
>
--- End Quote ---
[member=1]cp8759[/member] I have managed to get the log in
details from my sister and taken control! I've called the
tribunal and have got the hearing changed to telephone for the
5th of March at 10am. I've never done one of this so sorry if
the questions sound silly. Am I required to say anything during
this telephone call? Do I disclose information about who was
driving/parking etc?
Also do I upload the details about delayed evidence from Newham
on the online portal now? as a word doc?
Thank you all and I'm not sure why I'm feeling nervous!
Editing to add: Ive checked the original thread on pepipoo and
noticed there were few more replies on there which I missed.
Shall I add this bit too:
@Schofeldt
Furthermore, the PCN itself contains a procedural error that
invalidates it. Schedule 2 paragraph 2 states
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the alleged contravention
occurred,
However, the PCN I received states that payment is due within 28
days from the date of service, not the date of the alleged
contravention. This discrepancy constitutes a procedural
impropriety that renders the PCN invalid.
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
Case No 2230448785 courtesy of Mr Mustard
#Post#: 16285--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: ivanleo
Date: February 26, 2024, 4:36 am
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I've sent you a PM.
#Post#: 16295--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: Fazzy
Date: February 26, 2024, 7:55 am
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Thank you to cp8759 for his kind offer of representation. Before
deciding to accept the paid help, I wanted to know if the
chances of a win is possible with self representation on the
hearing date? I guess if the chances are slim then I have to
seek help from an experienced member as the $130 fee would be
much harder to manage. I feel partly responsible for giving my
sister false hope that this case can be won at the tribunal
stage hence the forfeit of the discounted rate so please can I
have honest advice on what the best option would be. I would
love to win this without having to get my sister to pay anything
if that's possible!
Thanks.
#Post#: 16299--------------------------------------------------
Re: NTO Newham 01a blue badge
DIR By: H C Andersen
Date: February 26, 2024, 8:47 am
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OP, the contravention grounds which gave rise to the penalty
which is being demanded are: Parked in a restricted street
during prescribed hours.
Let's now deal with their evidence.
Either:
1. The traffic order creates the restriction referred to in the
PCN, that is to say a simple waiting restriction; or
2. The traffic order does not.
Taking 2 first. If the order doesn't, then there's no
restriction to contravene. Appeal allowed.
Taking 1. There is an exemption required to be included in ALL
traffic orders to the effect that holders of a BB which is
correctly displayed(that is to say with a clock set to the
quarter-hour of arrival) are exempt from the restriction for up
to 3 hours. It's the law.
There is no issue that the authority accept that a BB was
correctly displayed.
That's it. Appeal allowed. And if I were you I'd ask the
adjudicator for a steer as regards costs(although your apparent
appeal grounds of 'TMO invalid' were wide of the mark).
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