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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Adenuff
Received a PCN (CCTV) for 02 Parking or loading/unloading in Restricted Street. Did not make reps at this point and then received an "Enforcement Notice" rather than an NtO.

The Enforcement Notice refers to the Road Traffic Regulation Act 1984 (as amended) and the London Local Authorities Act 1996 (as amended) and no other legislation so I'm wondering if they have used the inappropriate notice.

Now i know that the latter (LLAA 96) refers only to bus lane offencesand this was not a bus lane. Anybody got any info on the RTRA 84 regarding issue of Enforcement Notices. Can't imagine the original Act had refs to CCTV in 1984 so would appreciate it if anyone has any idea about the amendments.


As a side issue we are receiving more and more CCTV PCNs> a major headache with them is that you do not know you've got a PCN until it arrives through the post days later and that you appear to get them even if you've only stopped momentarily to take a call or check your map. Often our driver has no idea why they stopped, what the signs and lines were or anything else so you don't know whether the PCN is legitimate or not. What happens if you stop to read the parking restrictions sign and are seen by a CCTV operator?

Regards

Adenuff
Teufel
where was this

i dont think they can issue a parking PCN by CCTV under these acts

the correct ones are here

http://forums.pepipoo.com/index.php?showtopic=16877
Adenuff
Afternoon Teufel

it was LB of Islington
Teufel
there is a differnce between stopped in the normnal course
of driving - which would include checking directions, parking signs
etc and the normal flow of traffic and parked

the former is not a contravention - there is no casse law
to support this that i knwo of

indeed patas schwarz v camden

http://www.parkingandtrafficappeals.gov.uk...rz-v-camden.pdf

would suggets that any time stopped could be a contravention
and that the driver remaining with the car was not relevant

this is not tebnable as even stopping thin the flow of traffic
could then be a contravention which is nonesense

also

i think islington have their laws mixed up

can uoipost an image of whta you received ?
Adenuff
Here it is





Cheers
Teufel
and the PCN ?

they have followed the regs and process for a bus lane offence (note it is offence) by cctv
but for a parking contravention

this cannot be right - even if you were parked in a bus lane - were you ?

from LLAA 1996

"bus lane offence" means an offence under section 8, 11 or 13 of the [1984 c. 27.] Road Traffic Regulation Act 1984 or section 36 of the [1988 c. 52.] Road Traffic Act 1988 which relates to the contravention of or failure to comply with an order or traffic sign in so far as it makes provision for or indicates a reservation of all or part of a carriageway of a road as a bus lane;

failure to pay PCN results in 'enforcement notice' for 'offence'

no way can this apply to a parking contravention which is not an offence but a stautory civil wrong
RTA 1991 with cctv under LLAA 200

these people should not be allowed to be in charge of anything ! what a disgrace !

one for the ombudsman
Box Clever
If you feel you are being hard done by and you want to make a fuss, then contact a reporter Charlotte Tamvakis at the Islington Gazette - 020 8342 5700. Local residents and 'transients' like yourselves are up in arms about the the fact that Islington Bourough is virtually one big CPZ and how they are handing out PCNs at the drop of a hat.
Adenuff
here's the PCN

Was not parked in bus lane

The Notice of Rejection just refers to RTA 1991 Schedule 6 and they have cocked up this too as they require payment within 28 days so Lukha comes into play!




Regards

Adenuff
Teufel
how long were yo stopped for ? the photos are 3 secs apart !

the contravention is RTA 1991 (although this is not clear - which itslef shoudl invalidate) but the have used
an enforcement notice which is only for RTRA 1984 bus lane offences
viper
yesh the two pictures only 2 secs apart. that is bs. YOu are not in bus lane from what I can see as that is behind you and there is no line for the lane
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