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#Post#: 8529--------------------------------------------------
Received 2 PNC in 10 mins in West Ham lane - Stratford E15 4BQ
DIR By: PCN fines
Date: October 27, 2023, 9:47 am
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Hi there,
Was wondering if I could get some help please.
I received 2 PCN in 10mins at Stratford E154QB Morefields eye
hospital.
I had an appointment and was running late and my wife how is
pregnant had an appointment in royal London Hospital in tower
hamlets both appointments within 1 hour I went to the
appointment leaving my wife in the back seat of the car and the
CEO came and issued the PCN, my wife got out and told the CEO
that my husband went for and appointment and will be back in few
minutes he then took the PCN off the windscreen and gave it to
my wife.
Then within 10 minutes another CEO came and issued another one
and my wife explained the situation and the CEO told her that
the first PCN will be cancelled. When I can back yo my car my
wife told me what happened and I called the council they told me
they will cancel the first PCN I explained the situation they
said to appeal. I check on the council website and can see both
PCN I open.
I have attached the PCN and photos on the website.
Please advise how I can deal with this issue.
Thank you
[attachment deleted by admin]
#Post#: 8531--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: Pastmybest
Date: October 27, 2023, 10:18 am
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The second one will be cancelled ( but at what stage i cannot
say) as a continuous contravention, but i would like to see all
the council photos and some up to date ones to see what sign
they rely on
#Post#: 8537--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: Enceladus
Date: October 27, 2023, 11:28 am
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At the top of the Forum there's a prominent Read Me First post.
It says amongst other things:
"Leave in the PCN number and vehicle numberplate (VRM). The ONLY
things you should obscure are your name and address where they
appear, NOTHING ELSE. We may need ALL sides of ALL pages but it
is OK to start a case with just the front of the PCN."
Please correct and repost your PCN images.
Were you parked in the little road/cul-de-sac that runs between
the Stratford Town Hall and the pub? GSV here
HTML https://maps.app.goo.gl/HLCvgi37tNFR7fdAA.
If so this cul-de-sac provides access to the gate at the rear of
the Town Hall used for the car park. I'm not sure that this is a
pedestrian only area, there appears to be a parking sign on the
pub side and bays indicated by a change in the brickwork. GSV
only show the back (pavement side) of the sign for some reason.
It used to be a Loading Only bay, so likely still is. Wrong
contravention if we can get that confirmed.
#Post#: 8644--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: ivanleo
Date: October 29, 2023, 9:27 am
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The PCN numbers and number plate are visible on the payment
slips at the bottom of the PCNs, so I've had a look at the
council photos:
PN36945112:
HTML https://i.imgur.com/Ah06AM6.jpg
HTML https://i.imgur.com/ZR2O8if.jpg
HTML https://i.imgur.com/O984AA7.jpg
PN36967421:
HTML https://i.imgur.com/w8oZO16.jpg
HTML https://i.imgur.com/t8wtNZy.jpg
HTML https://i.imgur.com/pCXt0GH.jpg
The obvious problem here is that the sign does not convey any
waiting restriction, and really the council should have issued a
moving traffic PCN.
Here's a draft representation:
[indent]
Dear London Borough of Newham,
I challenge liability for PCNs PN36967421 and PN36945112 on the
grounds that the alleged contravention did not occur, and that
the penalty demanded exceeds the amount due in the circumstances
of the case. Firstly the sign relied upon by the CEO does not
indicate any waiting prohibitions, so it is not at all clear
that there are any parking restrictions in force at all. It
seems to me that maybe the council should have issued a PCN
under the London Local Authorities and Transport for London Act
2003 for code 53 - Failing to comply with a restriction on
vehicles entering a pedestrian zone, but it's obviously too late
for that now.
In any event the sign at the entrance to the zone says "except
for access", and I did not use this road as a through route, on
the contrary I needed access to park within the zone. I note
there are parking bays within the zone and in order to access
those bays, it is necessary to enter the zone. In the event the
bays were not of a type that I was permitted to park in, but in
the absence of any other parking restrictions I parked as I did
because I needed to attend an appointment at the Moorfields eye
hospital. Having lawfully entered the zone in order to access
parking bays, there was no signage indicating that I could not
park as I did.
My wife remained in the car and during this time two CEOs
approached and each issued a PCN, this meaning that for this one
parking incident I am now faced with £260 worth of penalty
charges, discounted to £130 if paid within 14 days. Quite
plainly this is a demand that exceeds the amount due in the
circumstances of the case, as a result of which the statutory
ground of appeal at regulation 5(4)(e) of The Civil Enforcement
of Road Traffic Contraventions (Representations and Appeals)
(England) Regulations 2022 is made out.
It follows that both penalties must be cancelled.
Yours faithfully,
[/indent]
You must submit this on the council website
HTML https://parking.newham.gov.uk/pages/home.aspx
against both PCNs,
and keep screenshots of the confirmation pages.
#Post#: 8733--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: Enceladus
Date: October 30, 2023, 8:21 am
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The discount window expires tomorrow Tuesday the 31st October.
So make sure you get your informal representation (challenge)
submitted before close of business tomorrow. The Council will
re-offer the discount for a further 14 days if or when they
reject. Do this online so it's delivered the same day. Please
see here.
HTML https://www.newham.gov.uk/parking-permits/parking-enforcement-fines/4
You should get emailed acknowledgements so keep them safe. Check
your spam folder.
One representation for each PCN and cross reference the other
PCN on each representation.
Are you able to get a picture of the sign in the parking bay?
It's somewhere behind where your car was parked.
#Post#: 8845--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: PCN fines
Date: October 31, 2023, 3:25 pm
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Thank you for the draft, I submitted it like you said and I will
go by to take a photo of the sign
And post it hear
#Post#: 8992--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: PCN fines
Date: November 2, 2023, 5:03 am
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Hi all,
Please see photos attached of the signs
Thanks
[attachment deleted by admin]
#Post#: 9001--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: Enceladus
Date: November 2, 2023, 8:28 am
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Your 3rd photo shows a "No Through Road" sign.
Your 1st photo shows a time limited parking bay sign.
Your 2nd photo shows a time limited loading bay sign.
So access is required for the parking and loading bays and in
any event this road also provides 24x7 access to and from the
car park at the rear of the Old Town Hall.
The Council evidence photos show a "Flying Motorcycle" sign, but
that's well in front of your car, you haven't reached it yet.
It seems that you parked outside the parking bay boundaries, so
I would say you're guilty of a pavement parking infringement.
But that's not the allegation on the PCNs. So the
contravention(s) did not occur, you hadn't passed any signs
indicating a pedestrian only zone.
#Post#: 9407--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: PCN fines
Date: November 6, 2023, 12:43 pm
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Ok thanks
Will Wait for the reply and update on hear
#Post#: 11665--------------------------------------------------
Re: Received 2 PNC in 10 mins in West Ham lane - Stratford E15
4BQ
DIR By: ivanleo
Date: November 30, 2023, 5:54 pm
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For later: The Newham (Prescribed Routes) (No. 2) Traffic Order
2021
HTML https://drive.google.com/uc?id=16P_UzAniSmHvGifZOL1Zjit1KmlBXMBF.
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