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NTO but no PCN - Motorbike in space - Lewisham
MsCee
post Sat, 6 Apr 2019 - 13:53
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Hi all,

Hoping for help with a very frustrating parking fine I've received.

I was sent an NTO in respect to a PCN that was apparently issued to me for parking on a footway.

This particular evening I returned home and there were no spaces to park (within permit bays) along my entire road and I was especially disgruntled as a motorbike was parked selfishly, ensuring a lot of space was taken up where in fact a car could have fitted alongside it. I drove up and down for about 30 minutes desperately hoping someone would get in their parked car and drive away creating a space but nobody did.
In the end I had no choice but to park in what I believed to be the safest place possible. I then got out of my car and decided to take pictures of how the motorbike was parked because I recognised I shouldn't have been parking where I did but simply had no choice and wanted to have evidence to show the situation. (pictures attached)

I thought it was all fine because when I later moved my car there was no PCN on my windscreen.

However, a month later I have received an NTO through the post. I have looked online and can see that the traffic warden placed a large PCN on my windscreen and took pics of my car - but this PCN was certainly not there when I went out to my car later that evening and re-parked.

What would be the best way for me to appeal this? I am a permit holder for this street and it is not my fault that my neighbours had parked so selfishly, furthermore, the PCN was quite honestly NOT on my windscreen when I went to the car so it is also not my fault that the fine went unpaid as I was not even aware one was ever issued.

Any help would be greatly appreciated.

This post has been edited by MsCee: Sat, 6 Apr 2019 - 14:24
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post Sat, 6 Apr 2019 - 13:53
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MsCee
post Wed, 17 Jul 2019 - 06:06
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Sorry for the delay cp.

I've thrown what you've asked for into a google drive, hope this is okay for you to access? Let me know if I need to try another way. I'll be able to check the forum intermittently throughout the day today and certainly once I'm home again tonight.

https://drive.google.com/open?id=1h_C_yfljm...0m4RiQqiqTWNgbd

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cp8759
post Wed, 17 Jul 2019 - 13:46
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Draft appeal: http://bit.ly/2YRpYJj

You'll need to download it, add in your real name (see where I've put in your username in red), change all text to black and save as a PDF, then upload to the tribunal website.

Also upload the following to the tribunal:

Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016) http://bit.ly/2KXHCIV
Daniel Gentry v London Borough of Redbridge (2160356237, 21 September 2016) http://bit.ly/2PiJqus
James Heptonstall v Royal Borough of Kingston Upon Thames (2180223994, 09 July 2018) http://bit.ly/2XAdPYe


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MsCee
post Wed, 17 Jul 2019 - 14:42
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Thank you so much for taking the time cp.

Should I revise all of this tonight in case of any questioning tomorrow? or will that be unnecessary because the hearing is fairly straight forward?
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cp8759
post Wed, 17 Jul 2019 - 19:36
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I think you should get your head round what your submissions say, if you're going to attend a personal hearing the adjudicator will assume you've written them yourself after all.


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MsCee
post Thu, 18 Jul 2019 - 16:45
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Hi everyone,

Good news! The appeal was allowed!

I was in and out in literally about 5 minutes and the adjudicator was actually really lovely. I feel silly now for ever being nervous!

He said he understood why I parked how I parked, and also mentioned that the road markings/layout on the road are quite confusing in general. (He didn't even know what the diagonal white lines on the road meant and said he had never seen them before).

To everyone that contributed to the thread, thank you so much for your guidance. On my way out the adjudicator even said "you're not a lawyer are you?" with a smile on his face - so collectively with the written correspondence and me going in there actually sounding like I knew what I was talking about we definitely made a good impression! haha

For anyones reference, would you like me to upload the decision when it is sent to me by post? More than happy to do so.



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cp8759
post Fri, 19 Jul 2019 - 12:31
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It's actually a really good decision, as we get a lot of cases like this it's one worth saving. You don't need to wait for a copy to come in the post, it's on the tribunal website:

Miss Cummings has attended in person.

This PCN was issued for the alleged contravention of being parked in Sangley Road at 7.18pm on 2 March 2019 with one or more wheels on or over a footpath or any part of a road other than a carriageway.

I have looked at the CEO's photographs and these show that Miss Cummings’ car was parked with two wheels on the footway where there was a single yellow line and immediately next to a marked footway resident's parking bay. Miss Cummings has explained that she is a resident permit holder and that she parked on the single yellow line outside of controlled hours as there were no bay spaces. She says that she parked with two wheels on the footway to align the vehicle with the car parked in the bay.

There is a London wide ban on footway parking except for those areas of footway which are specifically exempted. The Council accepts that footway parking is permitted in the marked out bays in Sangley Road. In the Council’s letter dated 21 May 2019 rejecting Miss Cummings’ representations against the PCN, the Council stated that: “Although pavement parking is allowed, you would need to be parked in a marked out bay.”

The Council accepts that there is no signage for footway parking in Sangley Road so that there is nothing to explain to motorists that it is permitted only in marked bays. In a road where footway parking is permitted, there must be a Council resolution. If footway parking is permitted in marked bays only, then there needs to be a sign explaining to motorists that this is the case. In my judgement, it was not unreasonable, in the absence of signage, for Miss Cummings to conclude that, when parking on the single yellow line, she should align her car with the vehicles parked in the bays. The Council has not responded to Miss Cummings’ request to produce a copy of the resolution for footway parking.


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