PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Not parked within markings - Havering
baimangal2132
post Mon, 8 Aug 2022 - 20:24
Post #1


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 thumbnail(s)

Attached Image
 

Attached File(s)
Attached File  PCN_scan.pdf ( 880.53K ) Number of downloads: 29
Attached File  NTO_scan1.pdf ( 114.81K ) Number of downloads: 25
Attached File  PCNContestEmail.pdf ( 34.2K ) Number of downloads: 19
Attached File  ReplyToContestEmail.PDF ( 89.82K ) Number of downloads: 20
 
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Mon, 8 Aug 2022 - 20:24
Post #


Advertise here!









Go to the top of the page
 
Quote Post
stamfordman
post Mon, 8 Aug 2022 - 21:06
Post #2


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
Go to the top of the page
 
+Quote Post
baimangal2132
post Mon, 8 Aug 2022 - 21:12
Post #3


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
Go to the top of the page
 
+Quote Post
stamfordman
post Mon, 8 Aug 2022 - 21:27
Post #4


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
Go to the top of the page
 
+Quote Post
MMV Redux
post Tue, 9 Aug 2022 - 07:34
Post #5


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
Go to the top of the page
 
+Quote Post
baimangal2132
post Tue, 9 Aug 2022 - 10:27
Post #6


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
Go to the top of the page
 
+Quote Post
peodude
post Tue, 9 Aug 2022 - 15:06
Post #7


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
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 18:02
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here