PCN - contravention code 62 -Barking and Dagenham Options

[Milyonair]

Hello,

I just wanted to run this by you all before I pay up.

I have been staying at a property in Dagenham for 1 month whilst I am here for work. I have been parked in the exact same place for almost the entirety of the month and one day found my car and many others had been ticketed. This was clearly a shock to everyone ticketed as they had all been parking in this area for years with no problems.
There is no signage or painted lines anywhere regarding parking. I hadn't really realised the road/land was council owned but I suppose in hind sight it is pretty obvious. It's just with it being away from an actual road and behind gates it didn't give that feel.
I also parked how many others parked, with the thinking that I was keeping my car out of the way of the road if anyone needed to access it.

I have attached the PCN for you to look over, and a Google maps link to try and give you an insight into the area I parked.
PCN Front
PCN Back
Marked location of car.
Google Maps View

Any help will be greatly appreciated,

Thanks in advance.

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[stamfordman]

Looks like nonsense to me - I can't see how that garage area can be classed as Rainham Road South, which is the main road. It looks like an off street gated area :

https://www.google.com/maps/@51.54645,0.164...6384!8i8192

[Milyonair]

Is there a way to officially check that the area isn't classed as Rainham Road South, other than it not showing as marked on Google maps or street signage?

Would me saying that the alleged contravention didn't occur as the area I was parked in doesn't have a street name and isn't on Rainham Road south be enough to get the fine dropped?

Thanks

[nextdoor]

https://www.barking-dagenham-traffweb.co.uk...nsult/main.html

Barking & Dagenham's own Trafficweb doesn't show that area as public highway

Same with traffic restrictions
https://www.barking-dagenham-traffweb.co.uk/main.html

This post has been edited by nextdoor: Fri, 14 Jun 2019 - 15:26

[Milyonair]

I have tried to draught together a challenge to my PCN, I have the following so far, I'd appreciate any pointers you may have as it feels a little short right now, thanks all.


Dear Sir/Madam,

I am writing to you today to challenge the PCN I recently received.
I put it to you that the contravention did not occur as stated on the PCN as it was issued with the location of Rainham Road South.
The vehicle was parked on an unnamed area of land located off of Rainham Road South.
According to Barking & Dagenham's Trafficweb - showing Traffic Orders for London Borough of Barking & Dagenham (https://www.barking-dagenham-traffweb.co.uk/main.html) and (https://www.barking-dagenham-traffweb.co.uk...nsult/main.html) the area in question is not marked as public highway nor does it show any parking restrictions.
Therefore I propose that the PCN issued is invalid.

[cp8759]

How very bizarre, maybe the CEO is new? Anyway, for an informal challenge what you've drafted will suffice.

[Milyonair]

The challenge was rejected, unfortunately I think I will have to pay up as I am selling my car and leaving the country this week so it will be too hard to contend. Thanks all for your help.

[stamfordman]

Post the rejection.

You can still deal with it on the internet.

[Milyonair]

Please find the rejection letter at this link.

https://drive.google.com/file/d/1AP79WIyRKj...iew?usp=sharing

[stamfordman]

They have completely ignored the key point about the location.

I would go on with this but see what others say.

[PASTMYBEST]

The challenge was rejected, unfortunately I think I will have to pay up as I am selling my car and leaving the country this week so it will be too hard to contend. Thanks all for your help.

They must send the NTO to the address held by DVLA, do you have a friend or relative that can open your mail scan and e mail to you. Your representations can be online, A NoR must also be posted to the DVLA address but again you can then do everything online including an appeal to an adjudicator

[Milyonair]

I do have relatives who can open my mail for me yes.

[cp8759]

I do have relatives who can open my mail for me yes.

Then just wait for the Notice to Owner and upload it on here once you get it.

[Milyonair]

Hi All,

The Notice to Owner has finally arrived,

https://drive.google.com/file/d/1oxIKoIds7t...iew?usp=sharing

I look forward to your advice on what I should do next.

Thank you.

[cp8759]

I can't see any obvious flaws on the Notice to Owner, but I would just make a formal representation on the same basis as the first one, i.e. you were parked on land that is not part of a road, and in any case you were not parked on Rainham Road.

If you put a draft in your own words on here, we'll add the legal bits for you.

[Milyonair]

Thank you, out of interest is there a certain distance from a road where the rules of that road no longer apply?

[Milyonair]

Hi,

I'm struggling with their wording of 'Any part of the public highway not set aside for vehicles is covered by the footway parking ban. This includes grass verges as it can cause damage to grass verges, to the detriment of local amenity' does this wording not cover them for basically a car parked anywhere other than solid road? I know the location being incorrect is the point I am trying to make to them but I am thinking from their point of view if my car is pictured on grass then it doesn't really matter to them the location because it says Any part of the public highway.

This however is what I have so far,

Thanks in advance.




Dear Sir/Madam

In reply to your rejection of my informal challenge I present to you a formal representation in regards to my PCN.

The contravention did not occur as stated on the PCN.

The location of the parked car was on an un-named area of land, on numerous map sources (references provided below) the area of land has no street name and is an off street gated area.

The location on the PCN is Rainham Road South, this is adjacent to the area the PCN was issued, by this logic any of the surrounding streets could have been used as the location. The PCN was issued approximately 45 meters away from the alleged location.

Your reply to my informal challenge failed to address any of my points made on the location of the PCN being in accurate and simply provides additional information on the alleged contravention. Your failure to address the issue of incorrect location leads me to believe you are aware that the location is in fact not correct and you are trying to avoid having to deal with this issue.

According to Barking & Dagenham's Trafficweb - showing Traffic Orders for London Borough of Barking & Dagenham (https://www.barking-dagenham-traffweb.co.uk/main.html) and (https://www.barking-dagenham-traffweb.co.uk...nsult/main.html) the area in question is not marked as public highway nor does it show any parking restrictions.
I am aware that as mentioned ‘Any part of the public highway not set aside for vehicles is covered by the footway parking ban. This includes grass verges as it can cause damage to grass verges, to the detriment of local amenity.’ However for the PCN to be legally binding an accurate location must be provided. If I was parked on the grass at the edge of this road I would not be writing to you today as your PCN would be correct, however it is important for me to point out that I was not on Rainham Road South.

[nextdoor]

IMO that's fine. You are being completely consistent in your challenges, which Barking have signally failed to address

[cp8759]

I think that's fine. The key point is that while the footway parking ban applies to any part of a highway other than the carriageway, you were not parked on a public highway at all, so the ban cannot apply.

[Milyonair]

Hi all,

My formal appeal was rejected, my next step is to appeal to the adjudicator. Should I simply re-submit what I sent for my formal appeal or should I add something else. Seeing as this is my final chance to win this, I want to do everything I possible can, however I'm not sure what else I can do to make my case stronger.

I have attached links to the rejection letter they sent.

Page 1

Page 2

Page 3 - apologies for poor quality on this page

Page 4

Page 5

Page 6

Thanks in advance for your help.

This post has been edited by Milyonair: Wed, 21 Aug 2019 - 20:52