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darrenboy
I got a ticket this morning from the council and it was a parking ticket for £130 reduced to £65 if paid within 21 days. The contravention is that i parked in restricted street during prescribed hours (camera enforcement).

Firstly, i don't know what the contravention code 01j means as it not on their list of codes. secondly, i parked in a place which looked like a parking bay without the markings and waited for my partner to get something from the shop. I never at any point got out of my car neither is the place I parked a street as claimed by the council. Its like you drive off the main road into this strip of space, and thats where most car park especially when loading their shopping into their car.

I have always parked and loaded shopping into my car using this space for years now. I just thing this is the council trying to extort money off innocent people. What do i do as i strongly believe i am not in breach of any parking contravention.Thanks.
I am Weasel
Please scan/photograph & post up copies of the documentation you have received - all sides of it and we can better help you
darrenboy
Here is the Photos sent to me by the council
hcandersen
Pl post all sides of the docs, there's a lot missing.

Any chance of a googlemaps link?

HCA

Bagshot
The j means camera enforcement. It does look as though you are in a fenced off compound. Whether that is part of the highway or not is complex. I would have thought not. As HCA said, whereabouts were you. I can't find that fence of Streetview.
darrenboy
There are only 2 pages of documents sent to me so what i have done now is to scan the other side which i didn't think will b e of much use to you. Anyway please hope you will be able to advise on the documentation provided. thanks
Southener
The PCN fails to comply with The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 [3(4)(d)(ii)] as it omits information required to be included in reg 10 PCN.

See the highlighted part below.

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
3.

(4) A penalty charge notice served under regulation 10 of the General Regulations must, in addition to the matters required to be included in it under paragraph 2 of the Schedule to those Regulations, include the following information—

(a)that representations on the basis specified in regulation 4 may be made to the enforcement authority against the imposition of the penalty charge but that representations made outside the period of 28 days beginning with the date on which the penalty charge notice is served (“the representations period”) may be disregarded;

(b)the nature of the representations which may be made under regulation 4;

©the address (including if appropriate any email address or FAX telephone number, as well as the postal address) to which representations must be sent and the form in which they must be made;

(d)that if representations which have been made—

(i)within the representations period; or

(ii)outside that period but not disregarded,

are not accepted by the enforcement authority the recipient of the penalty charge notice may appeal against the authority’s decision to an adjudicator;


(e)where the penalty charge notice is served by virtue of regulation 10(1)(a) of the General Regulations (evidence produced by an approved device), the effect of paragraphs (5) and (6).
darrenboy
Thanks for the reply. Just something i have picked up along the way which i think might invalidate this PCN. The place of the contravention was put as Rochester Avenue but there is no post code. I have found out there are so many Rochester Avenue scattered around the UK.
Also i am still not convinced where i was parked was a street. Please help!!
matttheladd
The post code is not necessary because the road referred to is within the bounds of the London borough of Newham and enforced by that council. That said the location is vague and does not pinpoint where the alleged contravention has actually taken place. How long is Rochester Avenue? How much of that road is subject to restriction on waiting?
hcandersen
I think the PCN is compliant with the appeals regs as regards representation period and their power to disregard, it's just that elements appear in at least 3 places.

However, the PCN does not comply with the appeals regs as regards:

i. where the recipient may view a recording. The PCN specifies a single location which is incorrect, and
ii.the images which establish the contravention, not just more images.

As a recipient of a postal PCN, I would expect the images to show the restriction, which IMO has to be more than a yellow line. After all a yellow line is just so much paint unless it's accompanied by a traffic sign giving the dates/times of the restriction. In this respect, the recipient doesn't know whether the so-called restriction is stand-alone and that a proximate sign must be shown, or whether it's within a CPZ, in which case a photo of a zone entry sign is required.

But you must sort out the location first. As it stands, if this location is not clear then how is the owner to know where this contravention allegedly took place?

HCA
Southener
QUOTE (hcandersen @ Sat, 20 Aug 2011 - 08:20) *
I think the PCN is compliant with the appeals regs as regards representation period and their power to disregard, it's just that elements appear in at least 3 places.


Can you please direct me to which pages the information required by The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 [3(4)(d)(ii)] is shown on the PCN as I just can't see it?
hcandersen
I can see an adj putting together "What should you do?" with "What happens next?" and finding that they satisfy the requirement "to include information".


HCA
darrenboy
You can see the place i parked is a loading bay for the shops and i backed into one of them and waited for the shopping to be loaded into the car then i left. there are no obvious signs saying you can't park there. this is daylight robbery by Newham council
jonty4
I think this is the location on street view:

http://maps.google.co.uk/maps?q=Rochester+...,63.55,,0,21.49

The fence in the picture is the railing on the edge of the raised road - the loading bay area seem to be below the road the street view car drove on..

Maybe there are signs stating restrictions at the entrance to the "Loading bay" area - but surely this would be classed as off road ?

Jon.

This link might be a better one, shows the road and loading area better...


http://maps.google.co.uk/maps?q=Rochester+...0,9.98&z=16
Bagshot
I don't think behind that fence can be part of the carriageway. If he doesn't offer an opinion on here I would suggest that the OP sends a message to Bogsy to ask his opinion. He's good with these.
darrenboy
Hello I have gone and physically had a good look at the place and noticed there were no obvious signs indicating the parking restriction. I don't think that place is part of the road by any stretch of the imagination. To anyone this place looked like a delivery place for the shops and to have a CCTV high up recording and issuing tickets to innocent members of the public. I believe Newham Council are actually in breach of the CCTV code of conduct.
hcandersen
It's clearly not part of the carriageway and that's your ground of representation.

In one of the latter photos a SYL can be seen running continuously from the carriageway across the footway (following the line of the kerb) and into this area. But IMO SYL cannot be marked on the footway, and therefore that part of the line is unlawful and consequently any "SYL" within the area of the contravention which purports to be a continuation of the SYL on the carriageway must be unlawful.

HCA

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