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#Post#: 8860--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: ivanleo
Date: October 31, 2023, 6:09 pm
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--- Quote from: Sonu rocks link ---
>
> What is the full form of IMO please?
>
--- End Quote ---
It stands for In My Opinion
--- Quote from: Sonu rocks link ---
>
> What could be meaningful mitigation that council will consider
please?
>
--- End Quote ---
Your cat got run over, your nan died, you've just lost your job,
you've been severly ill or have been diagnosed with a terminal
illness, you're a victim of domestic violence, you've recently
been a victim of crime, you're recently had an accident /
sustained a personal injury, your nephew was recently murdered,
the list is endless.
Obviously those are hypothetical examples, you can't make
something up (lying in representations is a criminal offence),
so you can only put forward mitigation that is true and actually
applies to you. If you don't have any mitigation then you don't
have it so you'll have to do without.
#Post#: 9067--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: Sonu rocks
Date: November 2, 2023, 6:24 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=Sonu rocks link=topic=795.msg8473#msg8473
date=1698339413]
> What is TRO and how/where can it be found?
>
--- End Quote ---
I've requested the footway parking resolution, as HCA says the
TMO is largely irrelevant in footway parking cases. In the
meantime you should make a plea for discretion on 9 November to
buy as much time as possible. It could take till the end of
November for me to get a response from the council. Is there any
meaningful mitigation you could put forwards?
[/quote]
Sorry my acronyms are not upto the mark.
What is the full form of TMO and HCA please?
And please could this be elaborate as to how we are sure that
'order or resolution' passed by the council will disapplies the
provisions of the 1974 Act in ** Road?
#Post#: 9070--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: mickR
Date: November 2, 2023, 6:50 pm
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TMO = Traffic Management Order
HCA = H C Anderson one of the members trying to help you ::)
#Post#: 9081--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: slapdash
Date: November 3, 2023, 3:58 am
---------------------------------------------------------
--- Quote from: Sonu rocks link ---
>
>
> And please could this be elaborate as to how we are sure that
'order or resolution' passed by the council will disapplies the
provisions of the 1974 Act in ** Road?
>
--- End Quote ---
If footway parking is allowed to some extent - which it must be
because of the signs - there has to be resolution disallowing
the act.
When cp8789 has obtained it that will define the extent of
allowable footway parking.
#Post#: 9092--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: Sonu rocks
Date: November 3, 2023, 6:08 am
---------------------------------------------------------
Thank you all!
What will be the grounds even if the the order has been
produced.
Can the driver also request the council for the order and appeal
at the same time to say that there is an underground car parking
opposite to the DYLs, the space is very narrow and the chances
of hitting the parked car if not parked on the pathway. Also,
the pathway where the lines are drawn is very smaller compare to
the pathway where the allegedly contravention happened.
Pathway is where a pedestrain can walk safely and if the safety
has been compromised by leaving very narrow space where the
houses are and the pedestrain footfall is high there then it
doesn't make sense to allow PCN where there is a lot of space on
the footpath just behind the marked spaces where there is a car
park just opposite where a car coming from the opposite
direction cannot turn. So technically either the restriction of
DYLs should be removed or they should allow the parking on the
curb. As this is a common sense for any driver and there are a
lot of drivers who parks their car in the same way as the driver
has parked.
#Post#: 9093--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: mickR
Date: November 3, 2023, 6:17 am
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it has alread been explained to you that DYLs mean no parking at
any time so you should not have been on them. its also been
explained that being opposite the underground is totally
irrelevant apart from the fact that may be exactly why the DYLs
have been put there. to stop people doing exactly what you did.
#Post#: 9104--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: Sonu rocks
Date: November 3, 2023, 8:35 am
---------------------------------------------------------
--- Quote from: mickR link ---
>
> it has alread been explained to you that DYLs mean no parking
at any time so you should not have been on them. its also been
explained that being opposite the underground is totally
irrelevant apart from the fact that may be exactly why the DYLs
have been put there. to stop people doing exactly what you did.
>
--- End Quote ---
Thank you Mick. But the argument would be that there were
restriction hours signage and the council has to remove those
signs permanently. So that it is clear and the drivers won't
think of parking there at all.
#Post#: 9114--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: slapdash
Date: November 3, 2023, 1:19 pm
---------------------------------------------------------
You could attempt to argue that the signage was confusing. That
timeplate shouldn't be there.
If you had been parked on the road that might have a chance (but
in that case you'd have got a pcn for parking on the double
yellow).
You also need to explain why you parked on the pavement (which
is what the PCN is for). The signs, very close to where you
parked were explicit that it was in marked bays.
#Post#: 9197--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: ivanleo
Date: November 4, 2023, 2:18 pm
---------------------------------------------------------
--- Quote from: Sonu rocks link ---
>
> What will be the grounds even if the the order has been
produced.
>
--- End Quote ---
If the order disapplies the footway parking ban from the entire
road, which is the most common scenario, then the ground would
be that the contravention did not occur. See for instance the
decision in Jade Honeywood v London Borough of Redbridge
(2230195409, 22 May 2023)
HTML https://drive.google.com/uc?id=1rP7tyDbOD1K2dL2S7qdElyl19dVR-Dg8<br
/>and Robert Dempsey v London Borough of Hounslow (2230143824,
30
March 2023)
HTML https://drive.google.com/uc?id=1oG9X7i-Q4QeVW859HxMeJqKYW-hH46lC,<br
/>both cases of mine.
The double yellow lines and the upright sign are utterly
irrelevant to the allegation of footway parking, so there's no
point in mentioning them.
I suggest you write a draft representation, post it on here for
comment and we'll tidy it up for you.
#Post#: 9322--------------------------------------------------
Re: Hounslow Council PCN for parking half on the curb and half
on the road
DIR By: Sonu rocks
Date: November 5, 2023, 5:06 pm
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Dear Sirs,
I would like to appeal the penalty charge served upon me.
The council has allowed parking on both sides of the road just a
few meters ahead of where the car was parked. To any layman, it
would appear or make sense to follow the line and length of the
car parked ahead as the road is as narrow and there is an
underground car parking opposite the DYLs, the space is very
narrow and the chances of hitting the parked car are high if not
parked on the pathway.
A pathway is where a pedestrian can walk safely and if the
safety has been compromised by leaving a very narrow space where
the houses are, and the pedestrian footfall is high then it
doesn't make sense to allow PCN where there is a lot of space on
the footpath just behind the marked spaces where there is a car
park just opposite where a car coming from the opposite
direction cannot turn.
So technically either the restriction of DYLs should be
completely removed (had there been no DYLs restrictions sign,
the driver wouldn’t have parked the car and the Penalty wouldn’t
have arisen) or the TMO should allow the parking on the curb
throughout the road considering there is an underground car park
opposite to the DYLs where there are high chances of an accident
whilst the car coming from the car park is manoeuvring.
Also, I would like to request for a Traffic Management Order for
the road In case of an unsuccessful appeal.
Yours faithfully,
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