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#Post#: 9733--------------------------------------------------
LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: TheProfessor
Date: November 10, 2023, 1:42 am
---------------------------------------------------------
Hello,
I am seeking some advice on behalf of my elderly father. I will
stick to the facts that I have been told as this is now at the
NTO stage and as a pensioner it is causing him considerable
stress so would appreciate any advice if anything can be done -
or if £130 should now be paid.
The vehicle was parked in London Borough of Newham, Katherine
Road E7 which is quite a busy road and not unusual to see cars
parked either completely on the footpath or with "one or more
wheels on the footpath.."
A visit was made to a shop to pick up some items and the vehicle
was driven by a family member and parked with both wheels on the
pavement. My father has a mobility issue so a valid blue badge
was also displayed. From examining the pictures, it appears to
show CEO placing PCN on windscreen. HOWEVER, from speaking to
both Father and Helper - they were both none the wiser until the
arrival of NTO - and both state that when they returned to
vehicle there was 'No PCN on the windscreen, therefore we were
unaware until the NTO arrived'. They also state it is possible
someone could have tampered with or removed the ticket inside
the yellow wrapper.
Obviously this isn't a plausible defence and I can't go back to
the council with this.
I have asked for the exact location they were parked so I can
see the GSV images - however looking at the images - in the
background it can be clearly seen that there are other vehicles
that are parked wholly on the pavement (white mercedes)..
I am aware that there is a blanket ban in London for vehicles
parking with wheels on or over a footpath unless prescribed by
signage.
Please see images.
HTML https://i.ibb.co/cysx8H5/Screenshot-2023-11-10-07-33-40-34-6012fa4d4ddec268fc5c7112cbb265e7.jpg
HTML https://ibb.co/cysx8H5
HTML https://i.ibb.co/m58wVcM/Image1.jpg
HTML https://ibb.co/F4VMLDj
HTML https://i.ibb.co/hXGbmtH/Image2.jpg
HTML https://ibb.co/dbNF5z6
I have asked for the exact location so I can get a GSV and post
it up.
Any advice would be greatly appreciated.
#Post#: 9737--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: fraser.mitchell
Date: November 10, 2023, 3:32 am
---------------------------------------------------------
Firstly, Katherine Road is a long road, so it is essential you
give us a GSV link telling us exactly where your father parked.
Secondly, as you are at NtO stage, it is a no-brainer to submit
reps, and, if necessary (if we think it is viable) take them to
London Tribunals. It is likely that if you submit reps stating
you never received the PCN, they will re-offer the discount.
Certainly advice is not to pay at the moment, until you have had
a response to representations.
As for non-receipt of the PCN, this is very common with PCNs
served to the vehicle, so not grounds for an appeal, unless you
can definitely prove it was not served. With parking PCNs it
comes down to who the adjudicator believes, using the civil law
test of "on the balance of probabilities". Photos are not even
a legal requirement.
#Post#: 9742--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: slapdash
Date: November 10, 2023, 4:07 am
---------------------------------------------------------
--- Quote ---
> They also state it is possible someone could have tampered
with or removed the ticket inside the yellow wrapper.
--- End Quote ---
If you do make a challenge consider the above wording.
Speculation that a ticket was removed from the wrapper does
imply knowledge that there had been a ticket, otherwise no empty
wrapper would be there.
#Post#: 9765--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: DancingDad
Date: November 10, 2023, 6:36 am
---------------------------------------------------------
Let's start with the basics.
At NTO stage there is no point in paying.
As long as you do not miss deadlines, penalty will not increase
and £130 is most you should ever have to pay.
A challenge can possibly see the discount re-offered.
If nothing else will at least delay when you have to pay so
gives a chance to budget.
As one of our frequent flyers has been known to say, put a
tenner a week to one side and by the time it is sorted, you have
the payment or if you win, a meal out to celebrate.
On any challenge state that you did not find the PCN and
although this is not grounds to cancel given that the photos
show it on there, they may well re-offer the discount.
BB is not an exemption for footway parking.
There does seem to be soime areas where it is allowed so there
may be discrepancies in the Resolution that the authority should
have?
#Post#: 9779--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: TheProfessor
Date: November 10, 2023, 8:28 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> Firstly, Katherine Road is a long road, so it is essential you
give us a GSV link telling us exactly where your father parked.
>
--- End Quote ---
Thank You, I have asked for someone to re-visit the location and
take pictures and send me a video also, which I will post on
here.
In the meantime this is the GSV link of the location, parked
opposite G.A Metals on the Single Yellow.
HTML https://maps.app.goo.gl/WviMa2t76kmu3nD36
#Post#: 9864--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: TheProfessor
Date: November 11, 2023, 1:06 pm
---------------------------------------------------------
Hello,
I just wondered if the GSV was of any use and if it changes the
advice?
Thanks
#Post#: 9875--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: fraser.mitchell
Date: November 11, 2023, 4:40 pm
---------------------------------------------------------
--- Quote from: TheProfessor link ---
>
> Hello,
>
> I just wondered if the GSV was of any use and if it changes
the advice?
>
> Thanks
>
--- End Quote ---
Well, I think it does, because a BB doesn't allow you to park
off-carriageway. If you look around using your link you'll see
marked bays painted so they are part off the carriageway. You
can park in these OK, but not where there are none.
Having said that, in order to allow off-carriageway parking, the
council must pass a resolution. It has been found that many of
these just authorise such parking by naming the street, implying
all of the street is permitted, not just the painted bays.
Councils just get their highway team to paint the bays, without
formalising their position. However, the council may have done
things properly, and the only way to find out is to ask for the
resolution.
Our administrator has got a lot of experience with this, so you
may get a result. It is also invariably the case that you have
to take them to London Tribunals for an unbiased decision.
Councils are totally biased when dealing with PCNs because they
keep the money if you pay-up.
#Post#: 9890--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: TheProfessor
Date: November 12, 2023, 5:22 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=TheProfessor link=topic=896.msg9864#msg9864
date=1699729615]
> Hello,
>
> I just wondered if the GSV was of any use and if it changes
the advice?
>
> Thanks
>
--- End Quote ---
Well, I think it does, because a BB doesn't allow you to park
off-carriageway. If you look around using your link you'll see
marked bays painted so they are part off the carriageway. You
can park in these OK, but not where there are none.
Having said that, in order to allow off-carriageway parking, the
council must pass a resolution. It has been found that many of
these just authorise such parking by naming the street, implying
all of the street is permitted, not just the painted bays.
Councils just get their highway team to paint the bays, without
formalising their position. However, the council may have done
things properly, and the only way to find out is to ask for the
resolution.
Our administrator has got a lot of experience with this, so you
may get a result. It is also invariably the case that you have
to take them to London Tribunals for an unbiased decision.
Councils are totally biased when dealing with PCNs because they
keep the money if you pay-up.
[/quote]
Hello,
Thanks for the response. This is useful information.
Is there a template format that I can use to ask for the
resolution? And where can I find more information about this
resolution?
Thank You.
TP
#Post#: 10204--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: ivanleo
Date: November 14, 2023, 2:01 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> If you look around using your link you'll see marked bays
painted so they are part off the carriageway. You can park in
these OK, but not where there are none.
>
--- End Quote ---
I'm not sure that's correct, the chief adjudicator certainly
doesn't think so, see Lorna Jennifer Whittick v London Borough
of Merton (2160383659, 10 October 2016)
HTML https://drive.google.com/uc?id=1Zs6qrypSl0Iehm7EnxcdZCyqSGsjMJRy.
I would put them to proof:
[indent]
Dear London Borough of Newham,
Footway parking is permitted on much of Katherine Road, and none
of the CEO's photos show any upright signs indicating that
footway parking is permitted in marked bays only. In the
circumstances I suggest the PCN should be cancelled, but if you
are unwilling to do so I request at this early stage that you
provide:
1) A copy of the resolution duly made under section 15(4) of the
Greater London Council (General Powers) Act 1974 to allow
footway parking on this road, and
2) Evidence that the authority has complied with its duties
under section 15(5).
Yours faithfully,
[/indent]
#Post#: 12112--------------------------------------------------
Re: LBN (Newham), NTO, Katherine Road E7, Code: 62 One or more
wheels on footpath, Blue Badge Displayed.
DIR By: TheProfessor
Date: December 8, 2023, 5:34 pm
---------------------------------------------------------
Thank You.
I have sent a response but awaiting to hear and have to allow 56
days for a response! Does it really need 56 days consideration
time... ::)
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