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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
plum25
Hi I was hoping you could explain this Contravention to me a little more, I am unsure as to whether I was not supposed to park on pavement, or if I havent parked far onto pavement enough (if that make sense) Here is the PCN, with pictures... any help very much appreciated. Thanks.

http://i52.tinypic.com/5kpvkp.jpg
http://i51.tinypic.com/34rubmf.jpg
http://i56.tinypic.com/11kbh4k.jpg
http://i55.tinypic.com/2ihaxit.jpg

DancingDad
That your car??
The Red One ??

This exceeds all expectations of Newham and they're pretty low to start with.

Suggested Challenge Text
Dear Sirs
Re PCN ??????
The Contravention did not occur.
Please refer to your pictures.
They clearly show that I am within 50cm of the edge of the carriageway.
Pretty Please Cancel it.
Now
By Return

Yours with everlasting thanks for the mirth and frivolity that you brought into my life


Some silly bugger pressed the wrong code key...should have been a footway parking PCN.
And no, you aren't supposed to park on the pavement and can be done for it in London with ease.
And no, they cannot re-issue the PCN with correct code.

So enjoy the moment, use what words you will, just make sure you get a challenge inside deadlines
And expect Newham to ignore it or even deny receiving so do make sure you have proof of posting or email acknowledgement....preferably with these, hand deliver and get a signed reciept.

clark_kent
QUOTE (DancingDad @ Sat, 26 Feb 2011 - 14:20) *
And no, they cannot re-issue the PCN with correct code.



Why not?
DancingDad
QUOTE (clark_kent @ Sat, 26 Feb 2011 - 14:55) *
QUOTE (DancingDad @ Sat, 26 Feb 2011 - 14:20) *
And no, they cannot re-issue the PCN with correct code.



Why not?


Do you honestly believe that Newham will even respond inside the initial 28 day limit to send a postal PCN??

But if OP wants to be certain..just leave sending challenge till after 28th day starting with contravention date...which is still plenty within challenge deadline.
clark_kent
QUOTE (DancingDad @ Sat, 26 Feb 2011 - 15:49) *
QUOTE (clark_kent @ Sat, 26 Feb 2011 - 14:55) *
QUOTE (DancingDad @ Sat, 26 Feb 2011 - 14:20) *
And no, they cannot re-issue the PCN with correct code.



Why not?


Do you honestly believe that Newham will even respond inside the initial 28 day limit to send a postal PCN??

But if OP wants to be certain..just leave sending challenge till after 28th day starting with contravention date...which is still plenty within challenge deadline.


Probably not but as it would be for a different contravention there is technically nothing to stop them sending out a different PCN with the correct contravention as long as its it time.
DancingDad
You did give me pause for thought Clarke.
Scaramouche
Wrong contravention=wrong name of road=wrong reg. number=wrong date=wrong=bollocks! After Aristotle. laugh.gif
Neil B
Use the FAX option and keep transmission receipt.

As another member here says, we don't think anyone actually knows where the FAX machine is and I suspect it feeds straight into a shredder.

Come back if any problems.

---------------
Off topic, may i ask a question please. I'm asking a few to try and understand something that is frying my head!

You used tinypic. Can I ask why you didn't use the 'IMG code for forums' ?? As per the instructions.
plum25
Yeah red car is mine, thank you for clearing that up for me, I hope they wont be bothered to re-send, fingers crossed ay.
Not that it makes a great deal of difference I suppose. But I work here (so always park in Little Ilford Lane) and the signs that are in place are little blue ones - indicating that you are to park with half on pavement, which is why I did (should I no longer do this?) So what exactly should that code have been issued for, excuse my density but I am still a bit confused by this one!

Thanks again.
Scaramouche
62. But, signs like this, you mean: http://www.ticketfighter.co.uk/images/footwayparking3.JPG
plum25
Yes they are the signs, a bit further up the road on a lampost.
Neil B
Yeah but -''a little way up'' which one, LOL.

The signs shown are permissive and permission ends/prohibitive. They face you and are pretty self explanatory. They don't apply to anywhere else other than between the start of permission and the end of it.
Otherwise the general prohibition applies - (but they got yours wrong anyway of course).

My off-topic question?
hcandersen
A Reg 10 PCN:
(4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

Para (6) does not apply and therefore the council is timed out on 18 March.


The PCN allows you 28 days to make your reps. The PCN is dated 24 Feb and is therefore deemed served on 28 Feb. The 28-day representations window closes on 27 March.

Therefore you send in your representations by letter dated 18 March and send it by first class post to the address given on the PCN. Keep a copy of the letter.


HCA




plum25
Thanks for all the help guys.

Oh Neil B, im sorry, i have only just seen your previous post. I should have read more carefully, I saw 'tinypic' and in my haste just posted images as I usually do... hope i didnt cause too much of a problem blush.gif . I have taken note and promise any other images will be as per instructed!!

Thanks again all, I will let you know how I get on.
Neil B
QUOTE (plum25 @ Sat, 26 Feb 2011 - 20:04) *
Oh Neil B, im sorry, i have only just seen your previous post. I should have read more carefully, I saw 'tinypic' and in my haste just posted images as I usually do... hope i didnt cause too much of a problem blush.gif . I have taken note and promise any other images will be as per instructed!!


Thanks for replying. It isn't directly aimed at you. I am trying to understand why a lot of people post images in the same way you did.

i.e. Is it something to do with the instructions or is it something leading people to pick the wrong option on tinypic or other hosting sites.

The images take the same time to load on my poor connection whatever method is used. However, when I or anyone else is trying to review progress of a thread it is FAR easier to be able to see the docs directly in the thread rather than have to link to other tabs/windows that we will have to have opened.

When I've used tinypic a table comes up with 'img code for forums' and another option is something like 'img code for e-mails'. I just don't get why people, a lot of people, are picking the latter??

Anyway, that was the question.

QUOTE (hcandersen @ Sat, 26 Feb 2011 - 17:50) *
Therefore you send in your representations by letter dated 18 March and send it by first class post to the address given on the PCN. Keep a copy of the letter.


1/. Relevance of 18th March?? I don't get it if by post.

2/. did the (recommended) FAX machine, which gives proof of submission, break then?
jamesabbott
QUOTE (Neil B @ Sat, 26 Feb 2011 - 21:01) *
QUOTE (plum25 @ Sat, 26 Feb 2011 - 20:04) *
Oh Neil B, im sorry, i have only just seen your previous post. I should have read more carefully, I saw 'tinypic' and in my haste just posted images as I usually do... hope i didnt cause too much of a problem blush.gif . I have taken note and promise any other images will be as per instructed!!


Thanks for replying. It isn't directly aimed at you. I am trying to understand why a lot of people post images in the same way you did.

i.e. Is it something to do with the instructions or is it something leading people to pick the wrong option on tinypic or other hosting sites.

The images take the same time to load on my poor connection whatever method is used. However, when I or anyone else is trying to review progress of a thread it is FAR easier to be able to see the docs directly in the thread rather than have to link to other tabs/windows that we will have to have opened.

When I've used tinypic a table comes up with 'img code for forums' and another option is something like 'img code for e-mails'. I just don't get why people, a lot of people, are picking the latter??

Anyway, that was the question.



i dont normal post them on to thread because when the pages load some pictures show and some have an X. i have to right click and go on show image. but then sometimes it still doesnt load. so for myself a link is alot easier. some people may get the same problem or it might just be me wink.gif
plum25
Hi all, back with an update...
On firday I picked up a letter from MIL dated 21st March from Newhm, giving me 7 days to pay fine (at reduced rate) it will now go up 50% to £150 (I think - at work and dont have letter with me!), they state they have not recieved payment nor representations, I faxed my representation on 18th (in the morning) as recommended and have kept the transmission reciept - in my representation I asked that all further correspondance be sent to me (rather than registered keeper) which is why I am so late in recieving letter (only visit MIL once a week) and a bit stuck for what to do, the only phone number they give is a payment line, so cannot have it out with them over phone. Should I stick it in writing, it's a bit frustrating as the address given is a PO Box number so not sure if it's worth sending it recorded, evidently as state previously the Fax machine does feed straight to the shreader... grrr
Rant over. thanks.x
clark_kent
QUOTE (plum25 @ Mon, 28 Mar 2011 - 12:33) *
Hi all, back with an update...
On firday I picked up a letter from MIL dated 21st March from Newhm, giving me 7 days to pay fine (at reduced rate) it will now go up 50% to £150 (I think - at work and dont have letter with me!), they state they have not recieved payment nor representations, I faxed my representation on 18th (in the morning) as recommended and have kept the transmission reciept - in my representation I asked that all further correspondance be sent to me (rather than registered keeper) which is why I am so late in recieving letter (only visit MIL once a week) and a bit stuck for what to do, the only phone number they give is a payment line, so cannot have it out with them over phone. Should I stick it in writing, it's a bit frustrating as the address given is a PO Box number so not sure if it's worth sending it recorded, evidently as state previously the Fax machine does feed straight to the shreader... grrr
Rant over. thanks.x


Who is the registered keeper? Who did you state the reps came from? Who was the latest letter addressed to?
Neil B
QUOTE (plum25 @ Mon, 28 Mar 2011 - 11:33) *
Hi all, back with an update...
On firday I picked up a letter from MIL dated 21st March from Newhm, giving me 7 days to pay fine (at reduced rate) it will now go up 50% to £150 (I think - at work and dont have letter with me!), they state they have not recieved payment nor representations, I faxed my representation on 18th (in the morning) as recommended and have kept the transmission reciept - in my representation I asked that all further correspondance be sent to me (rather than registered keeper) which is why I am so late in recieving letter (only visit MIL once a week) and a bit stuck for what to do, the only phone number they give is a payment line, so cannot have it out with them over phone. Should I stick it in writing, it's a bit frustrating as the address given is a PO Box number so not sure if it's worth sending it recorded, evidently as state previously the Fax machine does feed straight to the shreader... grrr
Rant over. thanks.x


sounds like you have one of them ol dubious Newham 'reminder'.

FAX again just to make a record of doing so. Just say - Reps made on ---------- by FAX. Kindly ensure no erroneous enforcement action is taken.

No it doesn't go into the shredder I now discover. I used it for two - one timed out but on the other they responded with a surrender to informal
(took them 6 weeks though)
plum25
It was addressed to OH (as he is registered keeper) havent changed address on it (purely out of laziness blush.gif ) In my representation I stated that I was the driver of the veichle at the time of alledged offence, gave my name, address and so on. The letter recieved was addressed to OH - and sent to his mums house (where car is registered) I will fax again as suggested, and let you now how I get on.
Thanks for the replies.
plum25
Hi all, just to update you on PCN. Today I recieved Newhams decision on my appeal, it was accepted tongue.gif letter read as follows:

Thank you for your representations recieved on 31st March 2011 regarding the above PCN/
Please note that it is a legal requirement that we respond to the registered keepers address as provided by yht DVLA. As you have stated a different address in your corespondence to that of the registered keeper a copy of that letter will be sent to that address.
Your comments on the CCTV evidence have been considered and our findings are:
The PCN was issued because your vehicle was recorded by CCTV camera 127 located at Romford Road at the junction of Little Ilford Lane, parked in a specail enforcement area more than 50cm from the edge of the carriageway and not within a designated parking space.
After investigating your claim, I can confirm that the PCN has been issued under the wrong contravention code and should have been issued for a code 27 - parked in a special enforcement area adjacent to a dropped footway.
Any vehicle parked in such manner may be issued with an instant PCN as per London Borough of Newham Parking Policy.
It should be stated that parking adjacent to a dropped footway is a serious contravention as it involves causing an obstruction, and there for requires immediate removal.
However in view of the error above a decision has been made to accept your representations and cancel the penaly charge, Please note that any future PCNs of a similar nature may not be cancelled.
Yours sincerely
BLAH BLAH BLAH

Not that it even matters, but didnt one of you mention that they could re-issue PCN after a certain time (hence faxing appeal so late) and also - just because I feel the need to say it - Where I am parked is NOT NOT NOT a dropped footway (there feel better now smile.gif )
The letter also came with a host of enlarged images of my car. Thank you Newham dry.gif

Seriously though, thank you so, so much again for helping me out of another pickle, you are all fantastic.
Thank you
Plum,x


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