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PASTMYBEST
Posted on: Today, 13:00


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Yellow lines are legal within a permit bay. permit holders need to comply with the restrictions.

You could argue that there is a lack of repeater signs, these are not a requirement of the TSRGD 2016 but the council are required to comply with regulation 18 of the local authorities traffic orders (procedures) regulations 1996 that require that signage is adequate to inform of the restriction

This case lends support

2190070109 and 2160175899

The rejection is also flawed it two respects. It states the signs are compliant with TSRGD 2002 (as amended) this is not so the permit zone sign needed a special authorisation until the repeal of the 2002 regs to be replaced with the 2016 ones The also breach their common law duty not to fetter their discretion by stating they are unable to cancel. That is not true, They can at any time for any reason cancel



These arguments may succeed, but you would need to take them to the tribunal for a decision the council will not accept them
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472999 · Replies: 6 · Views: 31

PASTMYBEST
Posted on: Today, 12:20


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QUOTE (hcandersen @ Fri, 22 Mar 2019 - 11:51) *
Your points go to mitigation only, they do not form a statutory defence.

Therefore you are asking the authority to exercise discretion.

According to you:
You knew you were not parked wholly within a space, but in mitigation you'd made very effort to do so given the location of other vehicles and recognising that you should maintain reasonable distances from the cars fore and aft to enable them to manoeuvre.

You bought a ticket which was displayed correctly.


Staying wholly within the bay behind would have left more room ant not put you in contravention
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472977 · Replies: 7 · Views: 40

PASTMYBEST
Posted on: Today, 12:17


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QUOTE (princecharles @ Fri, 22 Mar 2019 - 11:57) *
Is anyone able to advise to the above? Thanks


Never wanting to be the bearer of bad news I did not respond earlier. IMO the rejection by the council is fairly comprehensive and the adjudicators would be likely to accept their account. Subject to other views I would pay the discount
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472976 · Replies: 23 · Views: 521

PASTMYBEST
Posted on: Today, 11:18


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post the council summary, we've seen the TRO the photos and the video
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472967 · Replies: 16 · Views: 409

PASTMYBEST
Posted on: Today, 08:53


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QUOTE (kash123 @ Fri, 22 Mar 2019 - 06:30) *
I will highly appreciate if someone can let me know if I can personally drop the letter of representation to Newham Council office of Parking Correspondence as its late for me to send it by post and don't want to fax it as it takes long time from my previous experience.

Kind regards


If you step outside the 4 corners of the PCN then you have not complied with the conditions on the PCN and the council will not be obliged to reoffer the discount
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472936 · Replies: 14 · Views: 166

PASTMYBEST
Posted on: Yesterday, 15:30


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QUOTE (Mikail-1 @ Thu, 21 Mar 2019 - 14:09) *
Hi Pastmybest,
Thank you for all your hard work and the forum members who commented in this case.

Adjudicator's Decision
Adjudicator: Annie Hockaday | Decision date: 21/03/2019

PCN LQ96224XXX
Mr XXXXX XXXX , you have won this appeal.
There is nothing to pay and the authority will cancel the penalty charge
This is because the alleged bus lane contravention did not occur.
Adjudicator's reasons




Well done I am pleased


please attach the PDF of the adjudicators decision it is very important or e mail it to me

Edit

I have your e mail but it is in a difficult format. Please copy the decision as a PDF and attach that.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472809 · Replies: 60 · Views: 1,539

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 21:25


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You croosed the bridge drove up to the toll booth, then turned around and drove back. So 28 applies you did not pay when you should have
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472645 · Replies: 12 · Views: 209

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 20:39


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The law

https://www.legislation.gov.uk/ukla/1983/5/...19830005_en.pdf


its just not worth going before a magistrate for £16
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472630 · Replies: 12 · Views: 209

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 20:22


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It doesn't matter cycle track or not the contravention is

Save as provided in subsections (3), (4), (7) and (11), any person who causes or permits any vehicle to be parked in Greater London with one or more wheels [F2on or over any part of a road] other than a carriageway [F3, or on or over a footpath,] shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.]
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472620 · Replies: 14 · Views: 166

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 14:01


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QUOTE (John Bravo @ Wed, 20 Mar 2019 - 13:52) *
Hi again stamfordman & PASTMYBEST,
I understand. What should I do now? What is the process?
I am under the impression that I should attend this hearing otherwise they just rule this out in someone elses favour if you do it "offline".
When I was there last time the adjudicator has instantly given me the answer and allowed for the appeal.
But I don't understand why this can still be a grey area to some other adjudicators.
Best regards


Post the case number The adjudicator seems to have erred in law so you can apply for a review as the interests of justice require it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472514 · Replies: 30 · Views: 951

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 09:50


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QUOTE (stamfordman @ Tue, 19 Mar 2019 - 22:14) *
"In any event, the purpose for which the footway is dropped is not relevant."

That's not what the law says. I think this calls for a review.



+1 the purpose for the DK id central to the contravention
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472444 · Replies: 30 · Views: 951

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 09:45


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From the tribunal web site

If you wish to apply for review, you should write to the Head of Support Services at the address given on your decision letter within 14 days of the decision being sent to you or handed to you at the hearing centre.
You must:
Set out in full your grounds for asking for a review; and
Say which of the cases one to four above you claim applies and why; and
If you are writing outside the 14 days, explain why. The adjudicator will not accept an application out of time unless there is good reason for the delay
Request a personal hearing of your application if you want one – if you do not, the application will be decided on the papers only.
Unless you attend a personal hearing, the decision will be posted to you.
Please note that London Tribunals will not inform the enforcement authority of your application unless it is successful - you may wish to inform the enforcement authority of the application yourself.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472441 · Replies: 45 · Views: 1,570

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 09:22


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I think you have a very good chance of getting this overturned as the manoeuvre was for a reason beyond your control

this case has similarities

216045613A

This PCN was issued for the alleged contravention of failing to comply with a sign in Lionel Road North indicating that vehicular traffic must pass to the specified side of the sign.
I have reviewed the CCTV footage and this shows Dr Shahrabani's car driving to the right of a blue sign on an island bollard with an arrow directing traffic to pass to the left of the sign. I am, however, allowing the appeal because I accept the evidence of Dr Shahrabani that he drove to the right of the sign to avoid a collision with stationary vehicles. There was a line of parked vehicles to the driver's left and the last of these was parked with the nose almost touching the speed hump before the traffic island. Given that driving to the left could have been a dangerous manoeuvre, I find that the alleged contravention did not occur.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472437 · Replies: 2 · Views: 119

PASTMYBEST
Posted on: Tue, 19 Mar 2019 - 18:38


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Two ways of looking at your suggestion, but remember its your representations so we only advise. From experience the council will not consider your representation so is it worth the work involved to submit what is effectively your appeal

Signage issues are governed by The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 regulation 18. Adequacy is a subjective view, so you need to present a persuasive argument (we will help) you do not plea bargain with them if you make the argument re one PCN make it re both, whether you continue the argument to appeal should depend on the response you get


Getting the second PCN cancelled is not a foregone conclusion it is not a continuous contravention the time between the two is to great. But you/we can argue that it is a continuing contravention in that you made the same mistake twice, but did not have the opportunity to learn of the mistake before the second contravention because the first PCN was served after the second contravention occurred



you would only be making this argument against the second PCN

You still have plenty of time so don't panic I don't have a great deal of time for the next couple of days but after the weekend am completely free to concentrate on a few things on here
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472357 · Replies: 13 · Views: 178

PASTMYBEST
Posted on: Tue, 19 Mar 2019 - 16:56


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QUOTE (TouringMuso01 @ Tue, 19 Mar 2019 - 15:09) *
Thanks PMB - Just 3 small boxes on the form:

1.Please Explain why you think they should pay your costs

2.Costs You are applying for

and

3.Amount


The reason they should pay is that they were wholly unreasonable in pursuing enforcement and contesting your appeal

Explanation I will draft for you

and amount at the litigant in person rate of £19 per hour say 5 hours so £95
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472336 · Replies: 195 · Views: 6,472

PASTMYBEST
Posted on: Tue, 19 Mar 2019 - 14:07


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QUOTE (StevieSpain @ Tue, 19 Mar 2019 - 12:07) *
QUOTE (PASTMYBEST @ Tue, 19 Mar 2019 - 11:49) *
I think you should be looking at s110 to 117.

These deal with the Secretary of State, Traffic Commissioner, revocation and suspension of licences.?.
Mine has never been suspended, not revoked, it is (as of now, anyway) clean, no points.

Am I missing something?


110

(1)
Licences under Part III of this Act to drive motor vehicles of classes which include large goods vehicles or passenger-carrying vehicles or large goods vehicles or passenger-carrying vehicles of any class shall be granted by the Secretary of State in accordance with this Part of this Act and shall, in so far as they authorise the driving of large goods vehicles or passenger-carrying vehicles, be otherwise subject to this Part of this Act in addition to Part III of this Act.
  Forum: The Flame Pit · Post Preview: #1472280 · Replies: 9 · Views: 484

PASTMYBEST
Posted on: Tue, 19 Mar 2019 - 12:04


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So its a no waiting restriction by their own admission so should have been code 01 parked in a restricted street
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472234 · Replies: 41 · Views: 800

PASTMYBEST
Posted on: Tue, 19 Mar 2019 - 11:59


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That your car was moved rather than impounded suggests that it was in situ before the sign went up, that could have been only that day as the sign states it was for emergency works
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472230 · Replies: 9 · Views: 105

PASTMYBEST
Posted on: Tue, 19 Mar 2019 - 11:49


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I think you should be looking at s110 to 117.


Member roythebus might be helpful with this try a PM to him
  Forum: The Flame Pit · Post Preview: #1472225 · Replies: 9 · Views: 484

PASTMYBEST
Posted on: Mon, 18 Mar 2019 - 23:26


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I was thinking something similar re the signage and think a reasonable argument could be made re it being confusing

In both the CC surcharge and the phone service charge the council seek to off set their cost. It is that that the now lord chief justice ruled on I'm not as against the argument re notifying the right to view the CCTV but the tribunal do tend to dismiss this argument as without merit so it would only dilute the 0845 argument.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472145 · Replies: 13 · Views: 178

PASTMYBEST
Posted on: Mon, 18 Mar 2019 - 21:23


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Have a read of this The first point will form the basis of any appeal you make

https://1drv.ms/w/s!AtBHPhdJdppVrmINLGYP8KloJnBT
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472115 · Replies: 13 · Views: 178

PASTMYBEST
Posted on: Mon, 18 Mar 2019 - 21:14


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If it wasn't for the overhang into the area that is clearly marked I would say you have a reasonable chance. But you would be arguing the lines are too faded to count with the back end in clear contravention

Be polite and diffident in making a challenge that the lines where you parked were so faded that you were led to believe that they ended where the more recently painted lines ended. I wouldn't risk the discount though
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472108 · Replies: 9 · Views: 86

PASTMYBEST
Posted on: Mon, 18 Mar 2019 - 21:04


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I might be said that I am one of the more enthusiastic poster here when it comes to fighting box junction tickets, but your argument that you were cut up is doomed to fail.

I post this case 2170078458

Mr Preston does not dispute that his car stopped in this box junction at the time alleged by the Enforcement Authority, but put forward a number of arguments as to why he should not have been penalised. In essence he submitted that the traffic was moving steadily as he approached the junction, and that he could not from his point of view predict that the car in front of his would stop as it did, just beyond the box junction markings. He had made every effort to observe the box junction regulations. His car was only stationary for a short time, and in fact no obstruction was caused. He also questioned whether the box junction markings were compliant with the relevant regulations. I do not find that any of those points would give Mr Preston a ground of appeal.
However, having viewed the video footage of the incident provided by the Authority, I have formed the view that the contravention did not occur. Mr Preston’s car undoubtedly did enter the box junction and come to a halt within it. It is also the case that the car immediately ahead of his in the outside lane was stationary, and hence he could not have continued through the junction in that lane. (It actually appears that on the approach side of the junction there is only one lane, but that there are two beyond it, so it cannot strictly speaking be said that Mr Preston’s car was itself in the outside lane at the point when it approached or entered the junction.)
What is also evident is that the inside lane beyond the junction (marked with a Right Turn arrow on the road surface) was unobstructed for a distance that would readily have accommodated the full length of Mr Preston’s car, had he chosen to proceed into it rather than stopping (or indeed after stopping, since the space remained clear throughout the period during which his car remained stationary and even after it moved off). As he pointed out himself, his car had stopped only a short distance into the box junction, so such a manoeuvre would have been entirely feasible, without, for example, the necessity for him to reverse first (which might have been the case had he continued across the junction and stopped immediately behind the vehicle in front).
In his Notice of Appeal, Mr Preston referred to the cases of Gillingham –v- L.B. of Newham (2130193949) and Essoo –v- L.B. of Enfield (2130232767), which he contended supported his case.
The decisions in both of those cases were in fact reviewed and overturned by a panel of Adjudicators on 8 October 2013 – see under Box Junctions in the Key Cases section of the London Tribunals/Environment and Traffic Adjudicators website - and no doubt that was the basis on which the Authority said in their Notice of Rejection, “A motorist cannot escape liability for a box junction contravention by the argument that he/she could have proceeded in another lane but chose not to do so, the motorist who enters the box junction and has to stop because of the 'presence of stationary vehicles on his/her chosen course commits the contravention.”
Paragraph 11 of Part 7 of Schedule 9 to the Traffic Signs Regulations and General Directions 2016 (TSRGD 2016) provides (so far as is material to this appeal) that that a box junction marking, “…conveys the prohibition that a person must not cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles.”
The issue therefore in this case is not whether Mr Preston’ car did stop due to the presence of stationary vehicles, but whether it had to do so. In my view it did not, as it remained open to Mr Preston at the point when he entered the junction, and even throughout the time his car was stationary, to move to the left into the empty inside lane and clear the junction.
If one considers the mischief that this box junction is aimed at, i.e. to keep a passage clear for vehicles entering from the side road, had such a vehicle approached the junction to enter the main road at the point when Mr Preston’ car was stationary in the box, he would have been able immediately to carry out what might be described as a “knight’s move” into the inside lane, thus clearing the junction of any obstruction.
I accept that this view is not one that was supported by the panel of Adjudicators in the above review cases, and that the Authority’s position is based on those decisions. However, as a preface to those review decisions the panel itself stated at paragraph 11, “It should be emphasised that Adjudicators are a Judicial Tribunal. They are not a Court of Record. Therefore, although the Adjudicators will have regard for each other’s decisions and treat them, where appropriate, as persuasive both as to accuracy of law and as to the desirability of consistency, that is the limit of the authority of their decisions. The same is, of course, true of this Panel Decision.”
I would of course advise Mr Preston in future to avoid even entering a box junction unless he can clearly see that there is already a space big enough to accommodate his car immediately beyond the junction and directly ahead of his car, but I am not satisfied that on this occasion the contravention as alleged occurred.



It is not the common finding of adjudicators but IMO it has more chance than the I was cut up argument


My advise would be pay the discount
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472102 · Replies: 12 · Views: 277

PASTMYBEST
Posted on: Mon, 18 Mar 2019 - 20:54


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The order for recovery is the next legal document, it will allow you to make a statutory declaration that you made representations but did not receive a reply. The council will then be ordered to revoke the CC and to refer the matter to the adjudicator they will in all likelihood list the case for appeal where you make the case that a CC was served before the council were entitled to this will win unless the adjudicator is particularly obtuse Then they will be wrong in law and open to review
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472095 · Replies: 7 · Views: 83

PASTMYBEST
Posted on: Mon, 18 Mar 2019 - 19:48


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They accept the grace period is correct but don't seem to understand that it applies
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472068 · Replies: 12 · Views: 123

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