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jamsss12
Hi

I will be grateful for any help with these tickets.

I have received 2 PCN's from Croydon Council - both arrived one day after the other.

First - was for parking in a loading place during restricted hours. My husband literally parked up, got a take away from the shop which took around 5mins and then left. He was parked within the hours on the sign.

I have tried to post a link to the area and sign via googlemaps.

http://maps.google.co.uk/maps?hl=en&q=...,200.35,,0,22.5

Second - Stopped on a pedestrian crossing or crossing area marked by zig-zags.

Literally stopped on a sunday evening for around 10mins.

http://maps.google.com/maps?q=high+street+...p=12,77.24,,0,0

I have posted the scans of the PCN's. Both have the same pages after the inital one so only posted one set if these.











Thanks in advance for any help that you can give.
cream70
You might find this thread useful.
Bogsy
In any appeal I suggest including the text below, keeping in any bold, italics etc.

It is noted that the penalty charge has been imposed under the provisions of the Traffic Management Act 2004. It is necessary to bring to the council’s attention their statutory duty to have regard to the Secretary of State’s Statutory Guidance. This statutory duty is imposed by section 87 of the Traffic Management Act 2004.

Paragraph 48 in the statutory guidance gives a clear instruction;

The Secretary of State recommends that approved devices are used only where
enforcement is difficult or sensitive and CEO enforcement is not practical
.

In addition, paragraph 50 instructs;

The primary objective of any camera enforcement system is to ensure the
safe and efficient operation of the road network by deterring motorists from
breaking road traffic restrictions and detecting those that do. To do this, the
system needs to be well publicised and indicated with lawful traffic signs


I find no reason for the council to conclude in the case of this alleged contravention, that enforcement by a CEO was difficult, sensitive or not practical. It is clear that the council simply enforced the restriction by approved device for their own convenience rather than for any of the reasons endorsed by the Secretary of State. It is also appears that the council failed to publicise well that the restriction is enforced by a camera system and failed to indicate the presence of the camera system with lawful traffic signs.

As a council must have regard to the Secretary of State’s statutory guidance, then where no regard to it appears to have been given a council is guilty of a procedural impropriety as defined by regulation 4(5) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007;

4(5) In these Regulations “procedural impropriety” means a failure by the enforcement authority to observe any requirement imposed on it by the 2004 Act, by the General Regulations or by these Regulations in relation to the imposition or recovery of a penalty charge or other sum and includes in particular

The council should acknowledge their statutory failing and cancel this penalty charge forthwith rather than drag this matter to adjudication.
jamsss12
Thank you cream70 and Bogsy for taking the time to reply.

I am certainly willing to try this route and see what happens. Is it worth me revisiting the areas to see if there are any signs in force indicating the use of cameras?
jamsss12
Hi Forum Members

I have posted earlier regarding my 2 parking tickets which I received from Croydon Council.

http://forums.pepipoo.com/index.php?showto...croydon+council

I have now recieved a PATAS form for the 25J parking contravention and just wanted some advice on filling this form in.
Which box do I tick for the reasons for challenge and do I copy the paragraph that Bogsy advised in that post no: 3 which is what I used in my appeal to the council.

Thank you once again for your valuable input.





SchoolRunMum
I would say yes, why not, it's a valid appeal as the Council is only supposed to use camera enforcement where a CEO cannot operate for some valid reason.

And as regards the takeaway - had it been pre-ordered and if so, can the restaurant confirm this in writing? IMHO if he was collecting a pre-ordered takeaway then he was loading (but not if he went in and ordered/bought it as that is not just 'loading'.

And why the separate thread, are you using this one for this PCN and the other thread for your other PCN? IF not then do not be surprised if your 2 threads on here are merged as this is confusing.
southpaw82
QUOTE (SchoolRunMum @ Thu, 9 Jun 2011 - 00:10) *
And why the separate thread, are you using this one for this PCN and the other thread for your other PCN? IF not then do not be surprised if your 2 threads on here are merged as this is confusing.


Because he's a very naughty boy.
mickR
QUOTE (southpaw82 @ Thu, 9 Jun 2011 - 00:13) *
QUOTE (SchoolRunMum @ Thu, 9 Jun 2011 - 00:10) *
And why the separate thread, are you using this one for this PCN and the other thread for your other PCN? IF not then do not be surprised if your 2 threads on here are merged as this is confusing.


Because he's a very naughty boy.


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jamsss12
Sorry did not realise separate thread would cause confusion.

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