Havering PCN Code 621 |
Havering PCN Code 621 |
Tue, 16 Jul 2019 - 08:31
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#1
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
I recieved a parking ticket on 13/07 for parking with one or more wheels on the footway. I was outside my house and i had 1 wheel around 6 inches over the marked bay as when i parked a car had parked in the middle of the bay so i couldn't fit in fully.
The bays have recently been reduced by around 2 feet in length which means it is very difficult for 2 cars to be parked in there. Having only recenylt moved into a london borough i was not aware that you could get a parking fine for parking on the footway, the signage does not indicate this. Anyway i can challenge this? |
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Tue, 16 Jul 2019 - 08:31
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Tue, 16 Jul 2019 - 08:48
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#2
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Member Group: Members Posts: 972 Joined: 25 Jul 2010 Member No.: 39,245 |
We can't see photos to know if it's de-minimis.
Plus whilst footpath parking is banned by default in London boroughs, of which Havering is one in spite of the fact it is outer London, there are exemptions and in an area where they have marked bays on the footpath, there has been an order made for that specific road. Therefore they may have used an incorrect code. |
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Tue, 16 Jul 2019 - 10:12
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#3
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
When i check the codes on here https://www.havering.gov.uk/download/downlo...lling_a_pcn.pdf
It does seem 621 is the correct code |
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Tue, 16 Jul 2019 - 10:19
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#4
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Member Group: Members Posts: 287 Joined: 29 Sep 2016 Member No.: 87,439 |
Need to see higher resolution pics - use https://imgbb.com or similar.
Post the council photos, and also a google street view, as you’ve blanked out the location. This post has been edited by Starworshipper12: Tue, 16 Jul 2019 - 10:27 |
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Tue, 16 Jul 2019 - 10:33
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#5
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
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Tue, 16 Jul 2019 - 10:44
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#6
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
The council have not provided any photos. I have checked online and the page is blank where the photos should be
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Tue, 16 Jul 2019 - 12:12
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#7
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
PM me the PCN details and I'll have a look.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 16 Jul 2019 - 13:12
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#8
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
I've checked the council website and the pictures aren't there, at this point I'd contact the council and ask them to supply the pictures.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 17 Jul 2019 - 08:55
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#9
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
Here is the photos, when i parked there was another car parked in front and i was bumber to bumper with them.
image uploader |
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Wed, 17 Jul 2019 - 15:26
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#10
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
Do i have any chance of appealing or is it pointless?
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Wed, 17 Jul 2019 - 15:33
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#11
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
What was your direction of travel to get to that location, i.e. how did you get onto Carter Drive?
The difficulty we face is that once more, this is an example of a council purporting to lift the footway parking ban without passing a resolution. There are blue signs in plays that confine footway parking to marked bays only, but without a resolution passed under section 15 of the Greater London Council (General Powers) Act 1974, the whole scheme is unlawful. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 17 Jul 2019 - 20:58
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#12
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Member Group: Members Posts: 35,155 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
The bays have recently been reduced by around 2 feet in length
Pl elaborate. You are a frontager, therefore you are presumed to know the prohibition. So, what do you know about the prohibition and did the council consult or inform you about amending the size of the marked bay. AND would you have fitted within the bay as marked previously? |
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Thu, 18 Jul 2019 - 08:30
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#13
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
I have only personally just moved in around 6 months ago, however when speaking with my neighbors they have informed me that the bays was reduced (i cant remember if it was whilst i had lived there or before) and where 2 cars could easily fit on there its now fairly difficult if theres 1 large car already parked, you can only fit a small hatchback.
I was unaware of the prohibition inside the London area, there is very few signs on the street and where i previously lived, cars parked on the foot way however they pleased without issue. I can find out from previous house owner (Partners Dad) if the council did inform of the change What was your direction of travel to get to that location, i.e. how did you get onto Carter Drive? The difficulty we face is that once more, this is an example of a council purporting to lift the footway parking ban without passing a resolution. There are blue signs in plays that confine footway parking to marked bays only, but without a resolution passed under section 15 of the Greater London Council (General Powers) Act 1974, the whole scheme is unlawful. this is my direction of travel onto carter drive https://www.google.com/maps/place/Larchwood...!4d0.162978 as far as street view shows, there is no signage to say parked in marked bays only from this direction to outside my house. I will check in person later today This post has been edited by MileyLuna: Thu, 18 Jul 2019 - 08:32 |
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Thu, 18 Jul 2019 - 09:53
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#14
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
The council will rely on this TMO: https://www.haveringtraffweb.co.uk/data/sch...20No.%20111.pdf
There's two strands to this: first, there is no resolution passed under section 15(4) of the 1974 Act, and secondly, from the direction of travel you came from you wouldn't have passed any signs, so the conditions imposed by section 15(5) are not met. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 18 Jul 2019 - 12:24
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#15
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
Are you able to construct my appeal letter please?
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Thu, 18 Jul 2019 - 12:34
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#16
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Bump the thread tomorrow and I'll have a go.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 19 Jul 2019 - 07:52
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#17
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
bumping thread. Much appreciated cp8759
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Fri, 19 Jul 2019 - 20:15
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#18
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
Send this together with a copy of your map showing the route you took:
------------- Dear Sir or Madam, I contest liability on the basis that the alleged contravention did not occur. I have now learnt that there are footway parking signs that indicate footway parking is permitted solely within marked bays on Cater Drive, however no such signs are visible if the location where I parked on Cater Drive is approached from the direction of Larchwood Avenue. I have since retraced my route on foot and confirmed that I would not have passed any blue signs when travelling from this direction. It follows that the signage does not comply with the requirements of section 15(5) of the Greater London Council (General Powers) Act 1974, and for that reason the alleged contravention did not occur. Should you chose to reject this representation, please would you provide a copy of the resolution passed under section 15(4) of the Act to allow footway parking on Cater Drive. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 21 Jul 2019 - 17:27
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#19
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Member Group: Members Posts: 39 Joined: 15 Jul 2019 Member No.: 104,782 |
Thanks, i have sent my appeal now. Hopefully its accepted
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Mon, 22 Jul 2019 - 13:17
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#20
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
I very much doubt that, but show us the rejection when you get it.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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