Not parked within markings - Havering |
Not parked within markings - Havering |
Mon, 8 Aug 2022 - 20:24
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#1
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New Member Group: Members Posts: 3 Joined: 8 Aug 2022 Member No.: 117,432 |
Hello, I received a PCN for not parking fully within the marked bays in front of my neighbor's house. Pretty sure he called it in but I'm sure that's irrelevant. I had not obstructed a driveway. The street has marked bays which are partially on the pavement. There are no sign posts at the bays or at the entrance to the street.
I stupidly contested the PCN prior to finding out about this site and community but have tried to research using the info on here and believe that based on the flaws database I could object to the NTO under the "fettered discretion" flaw? The ending of their correspondence is identical to the example given in the database: I regret that I am unable to enter into any further correspondence on this matter prior to such an appeal. The NTO shows an error where the image should be, but I do have the picture downloaded and can be seen next to the car as I came out to move it. It had probably been there 5 10 mins as I'd just returned from the shop, but my wife did have it in the same spot earlier in the day. Any advise or assistance is much appreciated, thank you.
Attached File(s)
PCN_scan.pdf ( 880.53K )
Number of downloads: 29
NTO_scan1.pdf ( 114.81K ) Number of downloads: 25 PCNContestEmail.pdf ( 34.2K ) Number of downloads: 19 ReplyToContestEmail.PDF ( 89.82K ) Number of downloads: 20 |
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Mon, 8 Aug 2022 - 20:24
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Mon, 8 Aug 2022 - 21:06
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Post all the council's pics and give us an exact google maps location link.
They obviously haven't addressed the point that you were clearing the way for your car but how come there was a CEO there - just bad luck? They could have slapped a pavement parking PCN on but luckily they'd didn't. The out of bay is much easier to fight and the temp nature of being there must be considered. This post has been edited by stamfordman: Mon, 8 Aug 2022 - 21:11 |
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Mon, 8 Aug 2022 - 21:12
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#3
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New Member Group: Members Posts: 3 Joined: 8 Aug 2022 Member No.: 117,432 |
The picture included in the original post is their only picture. I downloaded that from their site.
Google maps: https://www.google.com/maps/place/51%C2%B03...#33;4d0.2049254 The pin on the above link is highlighting a car which has parked in the exact same spot that I was. Thank you This post has been edited by baimangal2132: Mon, 8 Aug 2022 - 21:13 |
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Mon, 8 Aug 2022 - 21:27
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#4
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
It's a petty PCN to enforce given your story. Anyway, the bay is marked on their plan and the order does specify being out of a bay. But to enable pavement parking they often pass a resolution suspending pavement parking for whole streets/areas and we may have more on this.
In any case you are NTO and I would certainly lead on being engaged in a parking situation, plus anything technical we come up with. But surely you can just park anywhere fully on the carriageway? It isn't a controlled zone or permit parking area? The 2-up bays are only there to allow pavement parking in certain places so I reckon there is a resolution in place. The road doesn't even look narrow. But regardless unless something has changed I think this is the wrong contravention and they can't enforce an out of bay. NTO date is 15 July. This post has been edited by stamfordman: Mon, 8 Aug 2022 - 21:42 |
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Tue, 9 Aug 2022 - 07:34
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#5
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Member Group: Members Posts: 1,133 Joined: 25 May 2022 Member No.: 116,704 |
And yet we have this photo:-
https://www.google.com/maps/@51.5524723,0.2...3312!8i6656 There is also a signplate nearby which says vehicles should only park in signed bays. The old Havering (Parking Places)(Map Based) Consolidation Order 2018 specifically allowed footway parking only in bays that were marked out. Unless something can be made out of the changed bay markings I suspect de minimis might swing it. Mick |
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Tue, 9 Aug 2022 - 10:27
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#6
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New Member Group: Members Posts: 3 Joined: 8 Aug 2022 Member No.: 117,432 |
Thank you both for your time.
Stamfordman, you are right it is not a controlled zone or permit parking and 5-6 houses down people do indeed park on the carriageway - road widens a little there as well. Trouble is, where we are the marked bays take up all the space between driveways. Where I was is the outlier, since I think the bay was not widened to fit 2 cars after a tree was cut down sometime back. Judging by the direction you have taken I guess I don't have much to go on in the wording from their reply? Does observation from 13:12 to 13:12 count for anything? If it comes down to it, I'll bite the bullet but it is just a silly one. The CEO admitted being called due to a complaint so clearly a neighbour called in the fact I was parked like that. For the 3 years we've lived here I've never seen one patrol this street. Thanks again |
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Tue, 9 Aug 2022 - 15:06
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#7
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Member Group: Members Posts: 898 Joined: 8 Aug 2006 Member No.: 7,035 |
Take a picture of the bay marking as well, specifically where it ends next to the new tarmac. From the streetview posted it looks like the line is not painted in the usual quality of paint, if that corner is worn then it would be reasonable to assume the bay extends under the new tarmac.
I'd also include a picture of the full bay posted by MMV in any future appeal, citing reasonable expectation. This post has been edited by peodude: Tue, 9 Aug 2022 - 15:07 |
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 18:02 |