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#Post#: 92296--------------------------------------------------
Newham 01a - tempoary parking suspension - Tarling Road
DIR By: taffer87
Date: October 1, 2025, 5:20 am
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Was parked here and missed the parking suspension signs (as I
think they removed the old ones and put new ones at same time -
they have a habit of not removing old ones for weeks). Is there
anything that could help me get out of the fine because of any
irregularity by the council on signage or the PCN itself?
Appreciate it's totally my fault.
I am the registered keeper.
HTML https://i.ibb.co/0py0zHT7/image-from-far.jpg
HTML https://ibb.co/ds4NH8FT
HTML https://i.ibb.co/xS6WdGvn/pcn-back.jpg
HTML https://ibb.co/tMDgFcf0
HTML https://i.ibb.co/nqbfVrHK/pcn-front.jpg
HTML https://ibb.co/Q7fnq92x
HTML https://i.ibb.co/BHHP2tYs/6a.jpg
HTML https://ibb.co/JWWdjKSk
HTML https://i.ibb.co/3mxfVjwh/5a.jpg
HTML https://ibb.co/qYH0hcz1
HTML https://i.ibb.co/BHHP2tYs/6a.jpg
HTML https://ibb.co/JWWdjKSk
HTML https://i.ibb.co/3mxfVjwh/5a.jpg
HTML https://ibb.co/qYH0hcz1
HTML https://i.ibb.co/Mxk5cWvB/2a.jpg
HTML https://ibb.co/pBjrfG7h
HTML https://i.ibb.co/SwWTmSSJ/1a.jpg
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#Post#: 92307--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: taffer87
Date: October 1, 2025, 6:06 am
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one point to flag is the council image is of the post ahead of
where my car was parked.. just after the disabled bay
there is another post very close behind to where my car was
parked (which they didn't take a photo of) in case it makes a
difference (although this one had the same sign too)
Not sure if this makes any diference as I would have thought
they should have taken a photo of the post behind my car since
the disabled bay creates a break
HTML https://www.google.com/maps/@51.5107315,0.0142462,3a,75y,127.82h,62.35t/data=!3m7!1e1!3m5!1s3FuVsexc9eTCdAyIWIJEfg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D27.654862995268488%26panoid%3D3FuVsexc9eTCdAyIWIJEfg%26yaw%3D127.8162581140721!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDkyOC4wIKXMDSoASAFQAw%3D%3D
#Post#: 92397--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: mrmustard
Date: October 1, 2025, 11:28 am
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It is the wrong contravention, it should be for parking in a
suspended bay. We can deny the penalty on that simple basis.
Loading is also banned so if you were in a restricted street it
should have been a code 02 pcn in any event.
#Post#: 92427--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: taffer87
Date: October 1, 2025, 2:59 pm
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So should I write a very simple challenge saying that?
Do I need to mention the council photo is not of the sign post
in the bays I was parked in as I was parked on the other side of
the disabled bay so that signage is not relevant too?
#Post#: 92462--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: mrmustard
Date: October 1, 2025, 11:57 pm
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I wouldn't complicate things
#Post#: 92512--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: taffer87
Date: October 2, 2025, 7:01 am
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Thanks so will submit this if you agree.
"Dear Sir/Madam
The PCN contravention code of 01 is incorrect and as such the
PCN should be cancelled and is a nullity.
Code 02 should have been used as per the imgages in the council
website Loading was also restricted.
Please can you confirm cancellation of the PCN
Regards"
#Post#: 92532--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: stamfordman
Date: October 2, 2025, 8:10 am
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No, the point is they should have used a code 21 bay suspension
for this routine one day job.
And if they insist on 01, it should be 02.
#Post#: 92569--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: taffer87
Date: October 2, 2025, 9:17 am
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Thanks so amended below for comments please
"Dear Sir/Madam
The PCN contravention code of 01 is incorrect and as such the
PCN should be cancelled and is a nullity.
Code 21 should have been used as the bay in question was
allegedly suspended.
However, if the council insist on using the restricted street
contravention (which is not the case as only some bays were
apparently suspended), then code 02 should have been used as
per the images in the council website Loading was also
restricted.
Please can you confirm cancellation of the PCN
Regards"
#Post#: 92669--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: taffer87
Date: October 3, 2025, 5:22 am
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Hi all if possible would like to submit today so any comments
appreciated. Thank you
#Post#: 92676--------------------------------------------------
Re: Newham 01a - tempoary parking suspension - Tarling Road
DIR By: stamfordman
Date: October 3, 2025, 6:10 am
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Any trees works took place? this case from yesterday...
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Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
cancel the Penalty Charge Notice and refund forthwith the
penalty charge and the release fees paid.
Reasons
I adjourned this case for the following reason:-
“In view of the Appellant’s evidence the Council is asked to
provide evidence that the works in question were actually in
progress.
The Appellant is asked to clarify on what basis his father
believed he was entitled to park in the bay without apparently
checking the sign (in which case he could not have failed to see
the yellow suspension sign)”
The Appellant has responded but no further evidence has been
received from the Council.
The Appellant states in his appeal that “It’s worth noting that
in our area, suspension signs are often placed with claims of
scheduled tree works, yet on many occasions-including this
one-no work actually occurs.”. There is no sign of any works
being carried out in the CEO’s photographs, and the Council has
been unable to provide any evidence ( which one would have
thought to be easily obtainable) as to when if at all any such
works took place.
Direction 6 Part 2 Traffic Signs General Directions 2016
provides as follows:-
“6.-(1) Paragraph (2) applies to a sign placed for conveying to
traffic a warning, information, requirement, restriction or
prohibition of a temporary nature.
(2) The sign must not remain in place for longer than it is
needed.”
The sign in question in this case is clearly indicates a
prohibition of a temporary nature,. and it seems to me on the
evidence that the balance of probabilities is that it was in
breach of this prohibition. In the circumstances it is
unnecessary to consider issues of clarity and the Appeal must be
allowed
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