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Newham PCN Resident Bay
rsg444
post Wed, 18 Oct 2017 - 09:23
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Hi all,

We received a PCN that was affixed to our van on Friday the 13th which was unlucky for us!

We had parked a Ford Transit van on South Esk Road which is a Resident Permit Holders only road. We had a Visitors permit for that zone which had been completed correctly and displayed clearly.

For some reason I've not taken a picture of the back of the visitor's permit but on there it states that the permit isn't valid for vehicles that are more than 2.3m in height. Our van is 2.2m in height from road to roof however we did have a roof rack on which puts it slightly over - but then is this really considered vehicle height?

Did the CEO have a measuring tape and actually measure out vehicle to determine this - none of the pictures they've posted as evidence suggest this. All the pictures show the permit clearly displayed in an appropriate bay within the correct zone.

Any assistance would be very much appreciated.





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post Wed, 18 Oct 2017 - 09:23
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Neil B
post Thu, 10 May 2018 - 22:55
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QUOTE (rsg444 @ Thu, 10 May 2018 - 23:51) *
I will try and get time off work to attend,

No.
You ask LT and they'll set a date.
You can't just turn up for a postal hearing.
Do it tomorrow. You've already explained your reasons here.


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

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rsg444
post Thu, 10 May 2018 - 22:58
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OK...part of me is tempted to leave it as postal - taking time off is going to cost me (and my son) £130 maybe more.
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cp8759
post Thu, 10 May 2018 - 22:59
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QUOTE (rsg444 @ Thu, 10 May 2018 - 23:58) *
OK...part of me is tempted to leave it as postal - taking time off is going to cost me (and my son) £130 maybe more.

I wouldn't bother to be honest.


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Neil B
post Thu, 10 May 2018 - 23:00
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QUOTE (rsg444 @ Thu, 10 May 2018 - 23:58) *
OK...part of me is tempted to leave it as postal - taking time off is going to cost me (and my son) £130 maybe more.

Ah, I see.


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

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rsg444
post Thu, 10 May 2018 - 23:03
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Thank you all so much for your input - i'll keep you updated with what the outcome is - but honestly, its criminal how Newham have acted. I actually submitted an FOI request requested the system dates and proof of when the NoR was written, they replied with just 21/03/2018 - I noted that their evidence was franked for yesterday and arrived today - something isn't right. Newham are playing the system and its crooked.
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cp8759
post Thu, 10 May 2018 - 23:10
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QUOTE (rsg444 @ Fri, 11 May 2018 - 00:03) *
Thank you all so much for your input - i'll keep you updated with what the outcome is - but honestly, its criminal how Newham have acted. I actually submitted an FOI request requested the system dates and proof of when the NoR was written, they replied with just 21/03/2018 - I noted that their evidence was franked for yesterday and arrived today - something isn't right. Newham are playing the system and its crooked.

I have to disagree, see https://en.wikipedia.org/wiki/Hanlon%27s_razor


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rsg444
post Thu, 10 May 2018 - 23:20
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Haha!
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rsg444
post Tue, 22 May 2018 - 11:15
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Dear all,

A big thank you to everyone who helped me with this, the adjudicator allowed the appeal on the grounds that:

***************
"The vehicle on the council's case was parked in a parking place or area not designated for that class of vehicle.

"The vehicle was parked in a permit bay and was displaying a visitor's permit.

"On the council's case the contravention occurred because the vehicle exceeded the height and/or length of the vehicle allowed to park in this bay.

"Upon the appellant raising the point the council does not provide any evidence to support its claim as to the height/length of this vehicle and I am not accordingly satisfied that the contravention occurred.

"I must therefore allow the appeal without consideration of any of the other issues raised by either party to the proceedings"

***************
Now the question I have is, can I claim costs - I did ask them from day one to give me details of the dimensions they had found but ignored it. I also told the council that they served their NoR after 56 days and that I would claim costs if it went to adjudication - all ignored.

Regards.
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hcandersen
post Tue, 22 May 2018 - 13:09
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The procedure is that you submit a claim to the adjudicator.

You accept that the threshold for obtaining a costs order is high, and rightly so, but in this case you believe that an order would be appropriate.

Not only did the adjudicator allow the appeal on the first and most basic of grounds, namely that the contravention did not occur, their decision made it clear that the authority did not and made no attempt to provide any evidence to support their claim despite continuing to resist the appeal whose arguments repeated those made in all earlier representation i.e. the vehicle did not exceed the permitted limits.

You would further add that although the adjudicator had no reason to consider any of the other issues, had they done so (and you respectfully request that they do) they would have seen that the authority were also in breach of the regulatory limit for serving their NOR. Therefore, not only was their case hopeless at the start, it was hopeless at the end and yet they continued to resist the appeal. Although this is no laughing matter given the trial and stress which the authority's actions have laid upon you, the well-known phrase of General Melchett in Blackadder Goes Forth springs to mind:

'If nothing else works, a total pig-headed unwillingness to look facts in the face will see us through.'

You respectfully ask that a costs order (see attached schedule for an itemised breakdown) is made against the authority, not only because it is merited on the facts of the case but perhaps, albeit unofficially, pour encourager les autres - given that shooting them would be frowned upon nowadays.
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rsg444
post Tue, 22 May 2018 - 14:32
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Many thanks HCA.
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