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Newham PCN, newham pcn code 92
pepipoo_newbie
post Sat, 17 Nov 2018 - 17:08
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Hello, everyone! Today I took a fine in Madge Gill Way Car Park from East Ham with the code 92 (parked causing an obstruction). The story is as follows:

I have finished my shift for today and I drove in this car park around 14:10 with the thought of eating something at Aunt Sallys Cafe. 10-15 minutes passed and I could not find a parking spot. There were cars coming in, but luckier than me because as soon as they got inside, somebody near them left.

Annoyed and hungry because I did not eat anything until that time, I parked the car close to the wall (see picture here: https://imgur.com/a/057rg4i ), but there were no white lines on the ground. There were two more parked cars just like me. I wanted to check if they took the fine. I walked close to their windscreen, no PCN and the parking ticket displayed on board.

Seeing that they are ok, I thought everything would be fine so I paid for the parking ticket and I left. when I came back, I had the surprise to find the "yellow pain" on my windscreen. The other two cars I was telling you about were not there anymore, so I do not know if they also got a PCN or not.

Is there any chance to win this challenge? Many thanks!
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post Sat, 17 Nov 2018 - 17:08
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cp8759
post Tue, 15 Jan 2019 - 00:42
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QUOTE (pepipoo_newbie @ Mon, 14 Jan 2019 - 22:21) *
And do you guys really believe I have a chance to win this? As you said, Newham stated only possibly obstruction that can occur if I park outside a parking bay, but this is not the contravention, even so, to be honest, I am afraid I will lose the appeal again and I will have to pay the full amount of 130GBP.

At this stage you're only dealing with the council, and they have an obvious interest in rejecting because they get to keep the money. You only get a fair hearing with the tribunal, which is independent from the council. I think your chances are excellent, simply because there is no evidence of any obstruction.


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pepipoo_newbie
post Mon, 21 Jan 2019 - 01:15
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Ok, if you say so, I can take a risk and appeal it again. Could you help me with a formal appeal for my situation? I never did one and I have no idea how it should look like.
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cp8759
post Mon, 21 Jan 2019 - 13:12
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QUOTE (pepipoo_newbie @ Mon, 21 Jan 2019 - 01:15) *
Ok, if you say so, I can take a risk and appeal it again. Could you help me with a formal appeal for my situation? I never did one and I have no idea how it should look like.

We can help you, just let us know when the Notice to Owner arrives.


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hcandersen
post Mon, 21 Jan 2019 - 14:18
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Obstruction: noun: a thing that impedes or prevents passage or progress; an obstacle or blockage.


It is not an absolute, obstruction can occur in degrees.

IMO, if you are outside the discount then your best bet is to submit smart reps which lead to them giving improper consideration.

That vehicles cannot pass is clearly tosh as regards their photos, your location was in-line with a row of cars so unless they can show a pinch point only where you were, this argument is nonsense and betrays a cut-and paste-response.

But you did obstruct the car behind, but then again so does every other in-line car - if parking spaces are aligned longitudinally with no gap, then their permitted obstruction is no greater than yours.

Can you take photos of the site.

IMO, you need some from behind your car, say 3 or 4 car lengths, showing that the circulating width is not reduced. Also, from their photos see how far your car is beyond the line and see if you could reproduce this inside one of these bays. Wouldn't it be ironic if by parking in a bay in the same pisition relative to the line behind you actually couldn't park wholly within a bay - which would mean that in effect you gave more room to the car behind by not being in a bay than by being in one!

But this is not to be taken frivolously: you parked where you should not, hardly a virtue. So you need to focus on obstruction with a fair amount of contrition thrown in, as per your challenge.
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cp8759
post Mon, 21 Jan 2019 - 15:55
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QUOTE (hcandersen @ Mon, 21 Jan 2019 - 14:18) *
Obstruction: noun: a thing that impedes or prevents passage or progress; an obstacle or blockage.

AIUI an obstruction in law has to mean you can't manoeuvre round the obstructing vehicle. Otherwise every car parked on an unrestricted road would be liable to removal, as they would obstruct vehicles from driving on the particular bit of road where they happen to be parked. The general rule the police apply is that, if it's possible to manoeuvre round a vehicle, the vehicle is not causing an obstruction.

This post has been edited by cp8759: Mon, 21 Jan 2019 - 15:55


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