PCN Issued for parking in a suspended bay...Help! Options

[jayu619]

Dear PePiPoo community -

I hope you may be able to help.
The council have started to suspend parking bays on side streets in order to cut tree branches, clean roads etc. They left signs on parking lamp posts for a few days truth be told.
However, stupid me - I parked my car in a parking bay on the day of operation of the parking suspension.

Is there any way of getting out of this PCN or should I cough up and pay?
I have attached pics of the suspension sign as well as front and back of the PCN:







Do I have any chance of beating this PCN?

Thank you so much in advance.
Jay

This post has been edited by jayu619: Mon, 19 Feb 2018 - 22:55

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[Mad Mick V]

I can't recall what the definitive view on the 10 minute rule was last time we had something like this. OP have a look at :-

http://www.legislation.gov.uk/uksi/2015/561/note/made

Were you in a permitted parking space?

Mick

[jayu619]

I can't recall what the definitive view on the 10 minute rule was last time we had something like this. OP have a look at :-

http://www.legislation.gov.uk/uksi/2015/561/note/made

Were you in a permitted parking space?

Mick

Hey Mick

Thank you for your prompt reply to my issue.
I will have a look at this now.
And yes - I was definitely in a permitted parking space, in my CPZ. Just the whole street was suspended between 8 and 4pm to cull the trees and clean streets etc. I'd left my car overnight and totally forgot about the suspension.

Thanks

Jay

[Jo Carn]

Can you show where the sign(s) were and where your car was? For instance, if the sign was on one side of the road, it would be wholly unreasonable to issue a PCN if you were on the other side. Was there only one sign for the whole street?
You get my drift.

[DancingDad]

IMO 10 minute rule applies.
Parked in a designated parking space until 8am when suspension kicks in.
No PCN can be served until 10 minutes have elapsed, ie 8.11am.

The CEO has jumped the gun, tough.

Deleted...wrong road, above applies

This post has been edited by DancingDad: Tue, 20 Feb 2018 - 16:07

[jayu619]

IMO 10 minute rule applies.
Parked in a designated parking space until 8am when suspension kicks in.
No PCN can be served until 10 minutes have elapsed, ie 8.11am.

The CEO has jumped the gun, tough.

I'm gonna retract the above pending some photos.
This seems to be Lamp Post 5 and there are no parking spaces around there.
Just carriageway with no restrictions.
https://www.google.co.uk/maps/@51.5374717,0...3312!8i6656

Mind you, above does not look like a CPZ either so may be wrong bridge road

Hello
Thanks for looking into this.
That’s the incorrect Bridge Road.

The one in question is actually E6 2BN. I can take and send more pictures on my way home after work - they had the suspension signs still up this morning.

Thanks
Jay

[Mad Mick V]

Here---

https://www.google.co.uk/maps/@51.5394121,0...3312!8i6656

The PCN says opposite LP5 so the OP must be in the marked bays.

Mick

[DancingDad]

Thank gawd for that.... I've edited my post above.

Some more photos of area and where signs are would not do any harm at all.
And council ones if you can get them.

But IMO, 10 minute rule applies and this trumps anything else.

[jayu619]

Good evening all,

Here are some pictures of the actual street and where I was parked, where lamp-post 5 is etc.






In regards to appealing the ticket, should I sent a letter quoting the 2015 regulation and its 10minute rule as the only reason to cancel ticket? And/or do I need to mention any cases/points of law/regulations etc in support of my representation?

Many thanks in advance for ALL your help,
Jay

This post has been edited by jayu619: Tue, 20 Feb 2018 - 20:21

[DancingDad]

Okay, got you.
I can see the pole that the sign was on, the wall is distinctive.

Council will say that as the normal parking restriction was not operative until 8am you were not parked in a designated parking bay.
This is incorrect, the bay is there 24/7, unrestricted until 8am but still there.
And you were lawfully parked in it.
Chllenge on the 10minute rule, expect a rejection but don't panic on that.
Include the regulations or at least a reference to it within the challenge.
Post up what you get back.

[PASTMYBEST]

just checking, you do have a valid permit for that place?

[jayu619]

just checking, you do have a valid permit for that place?

Hi PMB,

Yes I did have a valid permit - it is until October 2018.
Does it make any difference that the car was towed onto the main road - Burges Road??
Literally got out of the house at 8.30 and saw it moved to main road, round the corner closest to Burges Road.

Thanks
Jay

Okay, got you.
I can see the pole that the sign was on, the wall is distinctive.

Council will say that as the normal parking restriction was not operative until 8am you were not parked in a designated parking bay.
This is incorrect, the bay is there 24/7, unrestricted until 8am but still there.
And you were lawfully parked in it.
Chllenge on the 10minute rule, expect a rejection but don't panic on that.
Include the regulations or at least a reference to it within the challenge.
Post up what you get back.

Hello DancingDad

Thank you for your help here, much appreciated.
I have tried to log in to Newham Council website to obtain CEO pictures - every time I click on any, it says the file cannot be found or is temporarily available.
I will give it 2 more days before sending through my representation, just so I can show you guys here what they have.

Or is that not necessary at this point?
Thanks,
Jay

[stamfordman]

Does it make any difference that the car was towed onto the main road - Burges Road??

Now you tell us. Well, Newham is notorious for whisking cars off to its pound so a relocation may indicate that the grounds for the PCN are not strong.

[PASTMYBEST]

Does it make any difference that the car was towed onto the main road - Burges Road??

Now you tell us. Well, Newham is notorious for whisking cars off to its pound so a relocation may indicate that the grounds for the PCN are not strong.

it doesn't matter to your grounds for challenge

[jayu619]

Does it make any difference that the car was towed onto the main road - Burges Road??

Now you tell us. Well, Newham is notorious for whisking cars off to its pound so a relocation may indicate that the grounds for the PCN are not strong.

Sorry guys I left that bit out. I didn't think it was material - noted for next time (hopefully not).
In that case, is it worth now then retrieving Newham's pictures they took of the alleged contravention? Maybe they just took it while I was parked on Bridge Road and not Burges Road? 3 minutes (between 8.05 - 8.08, is that enough time to move care onto Burges Road? Just thinking out loud).
Newham didn't pound the car, thankfully.

Thank you,

[PASTMYBEST]

Does it make any difference that the car was towed onto the main road - Burges Road??

Now you tell us. Well, Newham is notorious for whisking cars off to its pound so a relocation may indicate that the grounds for the PCN are not strong.

Sorry guys I left that bit out. I didn't think it was material - noted for next time (hopefully not).
In that case, is it worth now then retrieving Newham's pictures they took of the alleged contravention? Maybe they just took it while I was parked on Bridge Road and not Burges Road? 3 minutes (between 8.05 - 8.08, is that enough time to move care onto Burges Road? Just thinking out loud).
Newham didn't pound the car, thankfully.

Thank you,

yes get them, they might be of burges rd that would be the sort of stupid thing that happens, But DD gives you the reason for challenge. The council are not allowed to issue a PCN in these circumstances until 10 minutes have elapsed at the start of the contravention

[jayu619]

Does it make any difference that the car was towed onto the main road - Burges Road??

Now you tell us. Well, Newham is notorious for whisking cars off to its pound so a relocation may indicate that the grounds for the PCN are not strong.

Sorry guys I left that bit out. I didn't think it was material - noted for next time (hopefully not).
In that case, is it worth now then retrieving Newham's pictures they took of the alleged contravention? Maybe they just took it while I was parked on Bridge Road and not Burges Road? 3 minutes (between 8.05 - 8.08, is that enough time to move care onto Burges Road? Just thinking out loud).
Newham didn't pound the car, thankfully.

Thank you,

yes get them, they might be of burges rd that would be the sort of stupid thing that happens, But DD gives you the reason for challenge. The council are not allowed to issue a PCN in these circumstances until 10 minutes have elapsed at the start of the contravention

Amazing - thank you PMB and everyone else who inputted their advice especially with regards to grounds of challenge.
I’ll write the reprresentation on Thursday or Friday. And send it off recorded delivery.
Hopefully by then I’ll have council/CEO photos for you.
Jay

[John U.K.]

And send it off recorded delivery.

No, go to post office, post first class and obtain free proof of posting.

[jayu619]

Hello -

Just an update - no files/pictures are available when I go to view them.
They still have 1 more day to produce them/make them available.

If they don't, is that another probably cause for them to cancel ticket? Just wondering...
Thanks,
Jay

[jayu619]

Hey All -

So 4 days have passed, logged into the council website to view the pictures. Still nothing.
Everytime I click on a picture link to view photo, it says "File or directory not found"

I am going to write the representation letter tonight to send off tomorrow.
Should I mention anything about the pics not being available for me to view despite there being an 'upto 3 days for pictures to appear online' disclaimer?

Any thoughts/advice on the matter would be greatly appreciated!
Thanks in advance,
Jay

This post has been edited by jayu619: Fri, 23 Feb 2018 - 20:52