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PASTMYBEST
Posted on: Yesterday, 21:19


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When read as a whole. They still tell you they may issue a CC at least 2 days before they can
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383918 · Replies: 18 · Views: 631

PASTMYBEST
Posted on: Yesterday, 20:27


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looks fine to me
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383898 · Replies: 18 · Views: 176

PASTMYBEST
Posted on: Yesterday, 19:50


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QUOTE (TigerRob @ Mon, 21 May 2018 - 20:48) *
Question: how long after the offence do they have in which to issue a PCN (14 days??)? If I challenge quickly on the timing discrepancy is there a risk they can re-issue with that corrected? Should I wait to challenge until after that period expires?


No they cannot re issue, though we have seen this tried recently
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383885 · Replies: 18 · Views: 176

PASTMYBEST
Posted on: Yesterday, 19:09


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QUOTE (Tony Prince @ Mon, 21 May 2018 - 18:49) *
...and so how do I go about appealing. Can I base my appeal on insufficient cpz signage?


Can you confirm the absence of the CPZ signs
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383879 · Replies: 6 · Views: 99

PASTMYBEST
Posted on: Yesterday, 19:04


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2170474513

Mr. Stanley appeals against a penalty charge notice issued in respect of an allegation of a contravention of the prohibition on being in a bus lane.
There is no dispute about the evidence. On Lambeth Road, south-west bound there is a sign properly indicating the entrance to the bus lane just after the junction with Pratt Walk and, thereafter, the bus lane is properly demarcated with a solid white line in accordance with item 1049A, which is item 11 in Part 6 of Schedule 9 to the Traffic Signs Regulations and General Directions 2016 (“the 2016 Regulations”). The solid line then stops and is replaced, on each side of the south-west bound carriageway at a point before the junction with Lambeth High Street, with the zig-zag road markings that are required to demarcate the limits of a zebra crossing. The solid white line then appears to resume at a point after that junction where there is a further ‘bus lane’ sign. The CCTV footage shows Mr. Stanley’s motorbike remaining on the correct, off-side of the solid white line. As soon as that line stops, he steered his motorbike over the zig-zag lines into the nearside line that, on the EA’s case, is the bus lane. He did not cross over the solid white line.
Mr. Stanley’s argument is to the effect that the effect of the zig-zag lines indicating the entry into a zebra crossing bring the effect of the bus lane to an end. In the alternative, he submits that those zig zag lines give the appearance to the motorist that the bus lane has come to an end and that it is no longer enforceable, because the requisite signage is no longer compliant and adequate. He points to the resumed thick white line and bus lane sign as an indication of the resumption of the bus lane after the junction with Lambeth High Street. That, he says, is inconsistent with the bus lane having remained constant throughout.
I would have been assisted by more detailed submissions from the EA on the effect of the zig-zag lines and the limits of the zebra crossing. Indeed, I was not even provided with the TMO, merely with the temporary TMO that changes the times of it. However, given I am familiar with this TMO I am aware of its terms. In particular, the bus lane extends, according to the original TMO, on Lambeth Road between the two junctions referred to above. If the EA is correct that the bus lane is effective and enforceable throughout that length, then at the point at which Mr. Stanley crossed into it he was in the bus lane in contravention of the TMO.
Part 5 of Schedule 9 to the 2016 Regulations states that:
The information, requirement, restriction or prohibition of a description in column 2 of an item in the sign table in Part 6 must be conveyed by a road marking that is of the size, colour and type shown in the diagram in column 3.
A bus lane is a description in column 2 and the solid white line is in column 3 of Part 6. There are certain exceptions to the requirement for the solid white line, but none apply here. Accordingly, once the solid white line stops, the road marking is no longer compliant with the 2016 Regulations. A motorist would be entitled to think that the bus lane had come to an end. For the reasons I give below, the bus lane has, for the purposes of the zebra crossing, come to an end but, in any event, the mandatory road marking is not present, so the signage is, I find, not compliant with the 2016 Regulations, or adequate to convey adequate information about the prohibition to the motorist, in accordance with Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. I allow the appeal on this basis because the contravention did not occur.
Moreover, I further find that the signage correctly represents the position that, whatever the TMO states, the effect of the zebra crossing is to create a separate traffic regulatory regime within its limits which ousts the effect of the bus lane. The zig-zag markings indicate a zebra crossing subject to regulations made under s.25 of the Road Traffic Regulation Act 1984. Those regulations include Part 5 of Schedule 14 to the 2016 Regulations. This part contains requirements and prohibitions applicable to zebra crossings, the limits of which are demarcated by the zig-zag lines. One of these requirements is that a driver of a vehicle must not cause it to overtake a vehicle that is stopped or proceeding more slowly in the same direction. That, for example, is inconsistent with the very purpose of a bus lane in which buses have a free-standing lane in which they can pass vehicles in the other lanes, including by undertaking them. That illustrates that the two regimes are not compatible. The effect of the zebra crossing, which concerns public safety, takes precedence over the effect of the TMO. Accordingly, I find that the bus lane ceases to have effect within the limits of a zebra crossing. I would therefore have allowed the appeal on this basis also.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383878 · Replies: 18 · Views: 481

PASTMYBEST
Posted on: Yesterday, 18:47


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2160269959

I heard from the appellant when he attended on 19 July. The Council did not send a representative to the hearing.
He explained to me that on the Monday 15 February when the car was ticketed he was unaware of the suspension. On the Friday previous he had travelled with his freedom pass by train to spend a weekend with his sister in Bromley.
The Council appears to have been unreceptive to his request for penalty charge cancellation principally I believe as that absence and journey had not been established by firm evidence.
The appellant case is essentially that as the suspension notice appears to have gone up only on the Friday and he genuinely missed it the penalty charge be cancelled for want of reasonable notice.
I have not identified a sufficiently strong case (eg emergency) from the Council for such short notice and I have agreed the facts have not illustrated sufficient that is to say, reasonable advance warning from the Council for this particular penalty charge to stand.

2160241155

he Appellant has attended his appeal I find him to be an honest, convincing and consistent witness I believe what he tells me.
The Authority's case is that the Appellant's vehicle was parked in a suspended bay when in Carnarvon Road on 23 February 2016 at 12.52.
The Appellant's case is that there was no Penalty Charge Notice found affixed to his vehicle, that he had parked before the suspension notice had been erected on 17 February 2016, and that he was never informed that he had to check his vehicle on a daily basis before restrictions come into force.
I have considered the evidence and I find that this Penalty Charge Notice cannot be upheld for the following reasons:
First, I find that the suspension notice was erected too near to the suspension period; it is less than a week.
Second, I find that this resident permit holder of 4 years was never informed that he had to check his vehicle on a daily basis; the Authority has not produced any application or form that accompanied the permit informing a resident of this condition.
Taking these two matter together I find that this Penalty Charge Notice is not proved.
The appeal is allowed.

216038862A

The Appellant complains about the adequacy of the signage of this suspension and that as resident permit holder he could not be expected to check the sign for the bay on a daily basis implying that there was not sufficient advanced warning of the suspension.
Whilst there are no statutory provisions with regard to the placement of suspension signs including how far in an advance of the suspension they should be erected, Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England &Wales) Regulations 1996 requires an Enforcement Authority to provide and maintain signs to "secure that adequate information as to the effect of the (Traffic Management) order is made available to persons using the road". In this context this requirement involves an assessment as to where and how many, the suspension signs, are necessary to advise the public and whether it was practical to post advanced warning signs and if so, how far in advance they should have been posted. Ordinarily, unless the reason for the suspension is an emergency for which no advance warning can be given, 5 to 7 clear days is the minimum period of warning, but each case does depend on its particular circumstances and it could be more or less.
Assuming that the advanced warning sign was erected when the suspension records showy say, it was no more than 2 clear days before the suspension, not several days before as claimed by the Enforcement Authority. The Authority do not give any reason why less than 5 to 7 clear days was given. On this ground alone the suspension was inadequately signed and therefore this appeal must be allowed.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383873 · Replies: 8 · Views: 91

PASTMYBEST
Posted on: Yesterday, 16:50


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QUOTE (samdadon @ Mon, 21 May 2018 - 16:42) *
Cheers Mick, but unfortunately it doesn’t apply to temporary suspended zones


Who says? certainly not the regulations it is a good spot by Mick and is a perfectly valid argument
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383819 · Replies: 16 · Views: 149

PASTMYBEST
Posted on: Yesterday, 16:48


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And the PCN?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383817 · Replies: 18 · Views: 176

PASTMYBEST
Posted on: Yesterday, 15:53


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QUOTE (TigerRob @ Mon, 21 May 2018 - 16:40) *
QUOTE (stamfordman @ Mon, 21 May 2018 - 15:59) *
You shouldn't need a ref in an informal challenge. Just say 'I understand that no stopping restrictions on bus stops must be marked with a broad yellow line and as this stop doesn't have one the no stopping contravention cannot be enforced'.

But - and it's big but - street view is a year old. What does it look like at the time of the PCN? You'd better post it and any pics/video.

Agree with respect to initial challenge, but details are useful so as to be able to ask question. This (a) makes responding more difficult and hopefully pushes staff who are under pressure to deal with many of these to go for the easy option of letting it go and (b) set up questions that are either not answered or are answered incorrectly which can help later in the process.

The video and pictures support the absence of the line. I'll post them up as soon as I can get somewhere where I can appropriately redact them.

For my reference I believe that the road markings are specified in diagram 1025.1 (figure 17-3 from chapter 5 of the Traffic Signs Manual, and referenced from section 17.20; Further backed up by those road markings needing a sign 974 or 975 from chapter 3, section 9.18.


This is a reg 10 PCn so there is no informal challenge, it is formal reps if these are rejected, adjudication.
Providing the video shows the lines in the condition seen on GSV then

dear mr parking

My representation against PCN number xxxxxxx

My wife stopped as shown on the video at the bus stop to allow a passenger to alight. This bus stop had no markings to indicate a stopping restriction. Without the required markings my wife could not know that stopping was prohibited. As such no contravention could occur and this PCN must be cancelled

but before you send anything show us the video and all pages of the PCN errors are quite common
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383800 · Replies: 18 · Views: 176

PASTMYBEST
Posted on: Yesterday, 14:50


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I can see one route into the zone that wasn't signed when the GSV car went by From the Along the A236 onto Sutherland rd to pendevon rd onto London rd

https://www.google.com/maps/place/Lennard+R...33;4d-0.1036419

If you can enter a zone without passing signs then they cannot enforce, regardless of the contravention



http://maps.croydon.gov.uk/aya/pages/aya/a...d-parking-zones
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383776 · Replies: 16 · Views: 292

PASTMYBEST
Posted on: Yesterday, 14:22


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QUOTE (Mujahid @ Mon, 21 May 2018 - 14:43) *
What to do now?


We help you draft an appeal to the adjudicator
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383764 · Replies: 50 · Views: 1,896

PASTMYBEST
Posted on: Yesterday, 14:19


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I have made a few amendments Your choice if you use or not. My advice would be wait for comment from others then unless a contrary view is put forward go with it



I would like to appeal against Penalty Charge Notice CU50044382 I received on March 16th at 08:31.

I unsuccessfully appealed to the Camden parking enforcement officer on March 23rd but fear I was unclear in explaining the circumstances for my appeal.

I mistakenly parked in a residents parking zone in Crediton Hill on the evening of March 14th that was marked as having a temporary suspension due to waterworks in Lymington Road .My car was repositioned by the council and I received PCN CU5015216A on the 15th March 2018. I paid this PCN accepting full responsibility for a genuine mistake in reading the signage.


The next day however, March 16th, I received PCN CU50044382 for being parked within a temporary suspension zone. This seems somewhat unjust to me as the car was repositioned there by Camden council the previous day.

It should be noted and consideration given to the fact that this PCN was in fact the second one issued for a single contravention, or as an alternative the car was left in contravention by a person without the permission of the owner, and as such should be cancelled

The specified waterworks had been completed on March 15th so there was no valid reason for a suspension on the 16th I should not be penalised because the utility company failed to inform the council that the works giving rise to the suspension had finished, negating the legal authority for the suspension

I do apologise if my initial appeal was insufficiency clear in stating that my car had been repositioned into the offending position.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383762 · Replies: 16 · Views: 149

PASTMYBEST
Posted on: Yesterday, 14:04


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Without the yellow line they cannot enforce
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383759 · Replies: 18 · Views: 176

PASTMYBEST
Posted on: Yesterday, 11:56


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These are the regulations re the display of a BB

http://www.legislation.gov.uk/uksi/2000/68...ulation/12/made


clearly legible from the outside of the vehicle does not mean from 10 feet away if the CEO could have looked and seen the details then there is no contravention.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383721 · Replies: 11 · Views: 208

PASTMYBEST
Posted on: Yesterday, 11:50


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i take it you paid the first PCN?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383712 · Replies: 16 · Views: 149

PASTMYBEST
Posted on: Yesterday, 10:46


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The rejection gives the impression that the tow truck was roaming about looking for cars to tow not that it had been reported as authorised for removal and took its place in the list of priorities
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383687 · Replies: 50 · Views: 1,896

PASTMYBEST
Posted on: Yesterday, 10:35


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Thanks for letting us know. Nice to see a bit of common sense its usually in very short supply
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383682 · Replies: 43 · Views: 1,077

PASTMYBEST
Posted on: Yesterday, 10:33


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QUOTE (Bohemiath2 @ Mon, 21 May 2018 - 11:15) *
Hello again,

The video shows a reasonably sudden stop by a car which is 2 cars a head to let a bus out. I get caught in the box for 20 seconds whilst the bus, police car and 2nd bus all come out of sude road.

Any advice here on paying or protesting would be greatly appreciated

Thanks



Without sight of the video how can we say
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383681 · Replies: 19 · Views: 526

PASTMYBEST
Posted on: Yesterday, 10:31


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QUOTE (Joebloggs1 @ Mon, 21 May 2018 - 11:23) *
Thank you very much for all the replies everyone, you've all been extremely helpful. I've put together a brief appeal letter, would be good to hear any opinions before I send it.

Can I still make an appeal for costs if they grant my main appeal without it going to adjudicator?

My appeal letter draft is below.

QUOTE
Dear Sir or Madam,

I would like to make a formal appeal against this penalty charge for several reasons. I suggest that the alleged contravention did not occur, that the traffic order was invalid, and procedural improprieties occurred.

Firstly, based on the signage visible on Google Street View, it seems that the red route itself was legal to park on, with the contravention being my parking in a taxi bay. This means that the contravention should be 45 – restricted area, and that CCTV enforcement is not allowable, and that the any enforcement notice must be affixed to the windscreen of the vehicle by an enforcement officer, per Paragraph 2 of Regulation 9A of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007. This opinion is supported by cases 2160220111 and 2170174757.

Secondly, as this bay allows no stopping at any time, a double red line should be used; the use of a single red line is highly confusing to motorists. This has been affirmed by the adjudicator in case number 2170174757.

Thirdly, per diagram E of TFL’s Authorisation of traffic signs and road markings on red routes GT50/139/0110, the ‘taxis 7am -7pm’ notice should be placed in a separate box with red outline. This was not the case. Multiple adjudicators have found that the sign marking this bay is non-compliant, case numbers 2170174757, 2160287156, 2170145511, 2170370165, 2170345317 and 2180149133.

Finally, I will make the point that there are 5 signs in the space of 500 feet, all indicating that the red route would have been legal to park in at the time. There are also multiple bays in this stretch of road that are identical in appearance (other than the 'taxis only' notice) that would not have generated an enforcement notice. This would be highly confusing to a reasonable person.

Given the above, I expect this appeal to be granted expediently. I would also like to make an appeal for costs, per case 2160217671.

Yours sincerely,



No if they accept your representation that's it. nor is it a foregone conclusion costs would be awarded at appeal
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383680 · Replies: 7 · Views: 203

PASTMYBEST
Posted on: Yesterday, 09:03


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parking enforcement by the council on roads with yellow lines stretch from the centre of the carriageway to the building line. It matters not if the land is private or public if the public have an unfettered access to it and can unhindered walk across it.
see this high court ruling. It is binding

https://www.londontribunals.gov.uk/sites/de...n%20refused.pdf

In your case you say the land is bounded and locked , so it would form the boundary of the carriageway not the building.

Post a GSV and the council pics along with the PCN. If you really dont want to make them public PM me.(or look to the post counts of many of the regular posters on this the council forum, and ask them via PM if they will peruse the evidence and give an opinion) I dont care where you work or who you work for, but I do care about councils issuing erroneous PCN's. Unfortunately most people just pay them
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383649 · Replies: 3 · Views: 110

PASTMYBEST
Posted on: Yesterday, 08:49


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a stupidly big CPZ but unfortunately not unusual.

https://www.google.co.uk/maps/@51.4813933,-...3312!8i6656

signs are in place at the A206 as above, but you cannot enter from that direction. I can see none on GSV at The Avenue near St Marys gate where the CPZ starts in a direction you can drive.

https://www.royalgreenwich.gov.uk/site/xfp/...amp;language=en

Try and check it out

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383641 · Replies: 6 · Views: 99

PASTMYBEST
Posted on: Yesterday, 08:21


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Tell us a bit more about what you did after parking and how long you were parked for. There may be an exemption you could claim
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383634 · Replies: 5 · Views: 89

PASTMYBEST
Posted on: Sun, 20 May 2018 - 21:07


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post the pcn your reps and the rejection. No time limit but 3 months or so can be argued as unfair
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383584 · Replies: 2 · Views: 68

PASTMYBEST
Posted on: Sun, 20 May 2018 - 21:03


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oh the misprint can be very important. The PCN does not contain information that the regulations say it MUST it is therefore an invalid document. But that's for another day your grounds re the red car are very strong. Unfortunately the councils get to keep the money so are unlikely to cancel and you will need an adjudicator to find for you
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383579 · Replies: 11 · Views: 174

PASTMYBEST
Posted on: Sun, 20 May 2018 - 20:58


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What is the restriction for the yellow line?

They have used the wrong contravention as you were not in a parking place buts let get everything lined up
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383576 · Replies: 16 · Views: 292

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