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Contravention Code 01 Parked in a restricted street during prescribed hours - Newham
EVdriver
post Fri, 11 Oct 2019 - 23:39
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Hi all, I'm still quite new to this site so if any mistakes please accept my apologies.

I have been very unfortunate recently, My vehicle was issued with a Penalty Charge Notice, Contravention Code 01 - Parked in a restricted street during prescribed hours.

On the day before the contravention I bought a bath panel for my sister which she needed for the next day, so I took the panel to her place in morning of 29th September where the contravention allegedly took place. On 29th September (Sunday) when I arrived with the panel in front of my sister’s house I briefly stopped on the single yellow to unload the panel and I take it inside her house and return home, the whole process of my unloading only took approximately 5/6 mins in my humble estimation.
However, where I stopped for unloading I have not seen any signage whatsoever about any restricted parking along the entire side of the road at all (please find the attached photos), besides I was not even parked there for more than 5/6 mins but only to unload, when I returned to my car I found a pcn ticket on my windscreen.

i will appreciate your help in this matter.

thanks.

This post has been edited by EVdriver: Fri, 11 Oct 2019 - 23:43
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post Fri, 11 Oct 2019 - 23:39
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Incandescent
post Sat, 12 Oct 2019 - 07:52
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Loading/unloading is an exemption to the yellow line, but obviously the CEO did not observe you so wrote out a PCN. You should now submit informal reps that you were loading and add a photo of the goods. You could also add a copy of the purchase receipt. If they have any integrity at all, they should cancel the PCN, but I'm afraid this is a money game and councils are greedy, so don't be surprised if they reject your reps. Post up what you propose to submit, and send it off, and then post up their reply here.
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stamfordman
post Sat, 12 Oct 2019 - 09:57
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You were no doubt in a controlled parking zone - they only need signs at entry points, so be aware of these.

Post the PCN and we'll check it. But loading is an exemption as mentioned, but have to make the case if it was not observed.
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EVdriver
post Fri, 25 Oct 2019 - 22:47
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Sorry for the late post guys, here is the PCN and the purchase receipt.

https://ibb.co/5cTbrj0
https://ibb.co/5Wms6y9

I am still waiting to hear from the council.
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cp8759
post Sat, 26 Oct 2019 - 13:29
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So this https://www.wickes.co.uk/Wickes-Reinforced-...700mm/p/223110#

With a size of 1700 mm x 520 mm this is not something you could reasonably carry for any significant distance on foot. It seems to me your were entitled to stop on the SYL for the purpose of unloading your vehicle, so I would make a challenge on that basis. I would suggest a signed witness statement from your sister would be very helpful.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Incandescent
post Sat, 26 Oct 2019 - 13:40
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No point in coughing-up now as the discount period is long gone. So wait for the Notice to Owner, send in reps based on loading. Submit a copy, (as [posted), of the Wickes receipt, pointing out the size. You could include the link in CP8759's post #5
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Neil B
post Sat, 26 Oct 2019 - 17:15
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Just a note that this is another event day issue.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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hcandersen
post Sat, 26 Oct 2019 - 21:37
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I am still waiting to hear from the council.

Why, what have you sent, when and how?
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EVdriver
post Fri, 1 Nov 2019 - 20:59
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@Incandescent - no the discount period is not gone yet as my challenge submitted online before the discount period ends so it's still on hold to-date as i have just checked with the council again today. I have already submitted a copy of the Wickes receipt with my preliminary challenge biggrin.gif

@Neil B, you are right this was on an event day.

Thank you all once again.


@hcandersen,i hope that the above answers your questions satisfactorily...?

Cheers.
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EVdriver
post Wed, 27 Nov 2019 - 22:55
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Hi all, just a quick update on this. I have been advised on the phone today that my appeal was rejected, they’ve sent me a rejection letter by post but I have not received it yet, they told me that it’s still on discounted £65 and I have 14 days from the date of the rejection letter - I will uploaded it shortly.

Thanks.
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cp8759
post Fri, 29 Nov 2019 - 16:25
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Subject to seeing the rejection letter, it seems a no-brainier to take this to the NtO stage. You can hardly be expected to walk around London with something that size.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Neil B
post Fri, 29 Nov 2019 - 16:40
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QUOTE (EVdriver @ Fri, 1 Nov 2019 - 20:59) *
@hcandersen,i hope that the above answers your questions satisfactorily...?

Not really.
If we're shortly to see a rejection we'll need to see what is being rejected - your challenge please.

This post has been edited by Neil B: Fri, 29 Nov 2019 - 17:35


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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EVdriver
post Tue, 3 Dec 2019 - 15:57
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Date 27 November 2019

Dear X

Traffic Management Act 2004

Penalty Charge Notice (PCN) Number: X

Date and Time of Contravention: 29 September 2019 at 10:15 Location: Mortham Street

Thank you for your correspondence received on 22 November 2019 regarding the above penalty charge notice (PCN). Your comments and the notes of the civil enforcement officer (CEO) have been considered.

Your vehicle was observed at 10:13 on 29th September 2019 Parked in a restricted street during prescribed hours in Mortham Street. You have stated that signage in the area did not indicate that restrictions were in effect.

You were issued this PCN because your vehicle was observed parked on a single yellow line during restricted hours, Rule 238 of the highway code states; You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone). This means that the time restrictions applied to a single yellow line within a controlled parking zone will be the same as the restrictions placed on the rest of the controlled parking zone, a standalone sign will only be present if there are additional restrictions. Drivers are expected to note these restrictions when entering the zone, particularly if they intend to park on a single yellow line the hours of restriction in a

CPZ can also be checked on local time plates adjacent to resident parking bays.

Local time plates advise that there is a restriction in force and also makes drivers aware that extensions are in force on select days 'Event days 8am-9pm' as events can occur any day of the week including Sundays and bank holidays, specific days are not specified on local signs.

Event day restrictions are applied when an event is taking place at the London Stadium, I can advise that the date of the contravention was classified and publicised as an Event day.

Information regarding events at the London Stadium can be found on both the Newham and London Stadium websites.

There are entry signs on all of the main routes into each CPZ (Controlled parking Zone) these are like border entry signs put in place to alert motorists that they are entering a controlled zone and display the hours of parking restrictions within that zone. Within an affected Event Zone signage is amended in advance of an event day to display the next event day where the extended hours of parking apply. Motorists are expected to note these signs whether it is an event day or not if they intend to park. These signs are approved by the Department for Transport and are present at the main entry points of every controlled zone in Newham. Over a hundred signs are in place throughout the area to alert motorists of the next event day

Vehicles are permitted to stop on yellow lines for the purpose of loading/unloading, the vehicle should be parked adjacent to the delivery/pick up location. We understand that it is not possible for someone who is loading or unloading to leave the vehicle boot or doors open but, if the activity is constant, this will be obvious to a Civil Enforcement Officer. If the vehicle is not to be loaded or unloaded as soon as it is parked, or once loading or unloading has been completed, it must be moved to a legal parking space. If no exempt activity is seen during the observation period you should utilise the appeal process to verify that the space was being used for the purpose of loading/unloading, evidence must be supplied detailing a pre-arranged drop off or collection or the goods being loaded/unloaded and must include the delivery destination, date and time.

We appreciate that you have sent in a receipt however proof of purchase does not qualify as satisfactory evidence of loading/unloading as shopping is not regarded as an exempt activity and does not justify the use of a double yellow lines even for a brief stop. Evidence must be supplied detailing a pre-arranged drop off or collection highlighting that use of the vehicle was necessary and must include the delivery date and time.

You can view evidence of this contravention online at www.newham.qov.uk. You will be required to enter the PCN number, vehicle registration number and the web code which is

3970Y054
In conclusion, having taken all aspects of this matter into consideration, no justification for cancelling the penalty charge has been found.

The discounted payment of £65.00 will be accepted in full and final settlement if paid not later than the last day of the period of 14 days beginning with the date of service of this letter.

If payment is not received within this time, the full penalty amount of £130.00 will become payable.

Payment should not be made if you wish to pursue this and want to make formal representation, as payment is seen as an acceptance of liability and will close the case.

If payment is not received as detailed, I shall assume that you wish to pursue the matter and shall arrange for a Notice to Owner to be sent after the period of 14 days to the registered keeper of the vehicle so that formal representations may be made.

Should these be rejected, the registered keeper of the vehicle will then be offered the opportunity to appeal to the parking Adjudicator. I should point out that, should you decide to take this course of action, after the discount period has expired, you will forfeit the right to pay the Penalty Charge at the lower rate and the full charge of £130.00 will be due.

If you are not the registered keeper of the vehicle e.g. the vehicle is a company or lease/hire vehicle, or being used with the owner*s consent, I suggest you advise the keeper that a Notice to Owner will be issued.

Please note that Newham Council will not consider any further correspondence regarding this penalty charge until the notice is issued.

Payment can be made as follows:

ONLINE Visit www.newham.gov.uk and follow the payment links.

BY TELEPHONE Call 020 8430 2000 and follow the instructions giving the penalty charge number and your credit/debit card number when requested. This automated payment line is open 24 hours a day. Please note we do not accept American Express/Diners Card.

BY POST Cheques, postal orders or bank drafts should be made payable to *London Borough of Newham&. Please write the PCN number and the vehicle registration mark on the back and send it to: London Borough of Newham, Parking Correspondence, PO Box 71575, London E6 9LY.

The registered owner/keeper can make representations by completing an enforcement notice, which will be sent in due course. Please note that Newham Council will not consider any further correspondence regarding this penalty charge until the enforcement notice is issued.

Yours sincerely

F Begum
Business Support Officer
Newham Business Support
Strategic Services

This post has been edited by EVdriver: Tue, 3 Dec 2019 - 17:03
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Neil B
post Tue, 3 Dec 2019 - 17:21
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We're still waiting to see what you sent as a challenge.

They've shot themselves in the foot with the reference to shopping.

The webcode you've typed doesn't work?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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EVdriver
post Tue, 3 Dec 2019 - 23:18
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Dear Newham Parking Services,

I am writing to formally challenge the above Penalty Charge Notice as any restricted notice was not properly visible from same side of the road and also the fact to the matter I was not even parked there for more than 5/6 mins but only to unload.

My vehicle was issued with a Penalty Charge Notice, Contravention Code 01 - Parked in a restricted street during prescribed hours.
In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur. On the day before the contravention I bought a bath panel for my sister which she needed for the next day, so I took the panel to her place in morning of 29th September where the contravention allegedly took place. On 29th September when I arrived with the panel in front of my sister’s house I briefly stopped on the single yellow to unload the panel and I take it inside her house and return home, the whole process of my unloading only took approximately 5/6 mins in my humble estimation.
However, where I stopped for unloading I have not seen any signage whatsoever about any restricted parking along the entire side of the road at all (please find the attached photos), besides I was not even parked there for more than 5/6 mins but only to unload, when I returned to my car I found a pcn ticket on my windscreen. Therefore, I would like to ask if you would kindly consider this objectively as I made an honest attempt to briefly stopped on single yellow line only to unload but the PCN was issued in circumstances beyond my reasonable control as the suspension/restricted notice was totally misconstrued or is not fit for purpose.

Please find enclosed evidence to this effect, in the form of a receipt of the bath panel purchase and also some photos from the same side where I was stopped for unloading as there was no signage whatsoever about any restricted parking along the entire side of the road at all as I understand that the Council in its TMO has specifically required itself to erect not only a clear sign but also a compliant one, and it is only the presence of a compliant sign that creates the contravention at all.

I believe in the absence of a compliant suspension/restricted notice my vehicle in this case was not in contravention, for this reason I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

Yours faithfully
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EVdriver
post Tue, 3 Dec 2019 - 23:32
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This is what sent as a challenge dated 22 November 2019.

Thank you all for your cooperation and support in this matter.
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Neil B
post Wed, 4 Dec 2019 - 00:05
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Well it had a lot of incorrect stuff and waffle but the essential facts of the exemption were in there.

What do want to do now?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Wed, 4 Dec 2019 - 01:41
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The council has obviously misunderstood your representations. I would definitely appeal this, but do not send anything to the tribunal without getting us to check it first or you risk snatching defeat from the jaws of victory.

Are you able to attend the tribunal in person? Can you sister attend? This is not essential but would make the case stronger.

This post has been edited by cp8759: Wed, 4 Dec 2019 - 01:41


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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stamfordman
post Wed, 4 Dec 2019 - 08:39
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You could turn up at the tribunal with a bath panel...
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EVdriver
post Wed, 4 Dec 2019 - 14:15
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Ah, I am not really sure if I am able to attend the tribunal in person with or without a bath panel and it won’t be easy to send my sis either, however with your full support I would very much like to re-send my rep again/appeal this decision should this be feasible without losing the current discount price £65 as my initial rep contains some incorrect stuff/waffle as result they’ve misunderstood the rep…?

Could someone please be kind enough to highlight the incorrect stuff in my letter above so that could re-write this for your attention….?

Kind regards.

This post has been edited by EVdriver: Wed, 4 Dec 2019 - 14:30
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