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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

newham council parking ticket contravention 26

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ajruk

ajruk

Posted
Posted

Ok people, new to this but hoping I can get away with this one!

I received a ticket for parking in a place I have parked in for years at a football match.

The part of the 26 that effects e is 50cm the kerbs.

I was parked in a dead end street and was touching the end kerb.

It meant that the was 3 cars in a line, but it was a dead end street with bollards in front?

Does it have to be the side kerb that I am touching?

IMG_0075.jpg

IMG_0074.jpg

 

its worth noting that the green jag also got a ticket...

 

Any ideas people... thanks

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sailor sam

sailor sam

Posted
Posted

Who issued the ticket... council or Private Parking Company?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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sailor sam

sailor sam

Posted
Posted

Looks like you were considered to be parked in the middle of the road (i.e. away from the kerb). I would imagine that you are supposed to be parked within 50cm of the kerb at either side of the road.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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ajruk

ajruk

Posted
  • Author
Posted

Yeah.. So where do you draw the line?? So a dead end street that's go 5 or 6 houses at the end, no one can park in front of? That can't be right.

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sailor sam

sailor sam

Posted
Posted
Code 26! Within 50ft of a curb!

 

Yes sorry, I miss-read your original post. Its also 'not in a designated parking space'. BTW it's 50cms not 50 ft! :lol:

 

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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sailor sam

sailor sam

Posted
Posted
Yeah.. So where do you draw the line?? So a dead end street that's go 5 or 6 houses at the end, no one can park in front of? That can't be right.

 

Well the offence is specific to London but you may as well appeal making you points and see what happens.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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sailor sam

sailor sam

Posted
Posted
Oh didn't know that. If I lose the appeal, could I pay the fine, then go small claim court against council. I'm so ****ed about this!

 

Well if you loose the appeal, there is still an opportunity to take it to PATAS. Obviously if you take it that far, you will loose any discount on the original PCN (assuming you loose of course). Taking the council to court after exhausting the appeal process is of course an option but it would involve a lot of expence with little chance of success.

 

Before you ask; http://www.patas.gov.uk/

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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ajruk

ajruk

Posted
  • Author
Posted

Cool, I will go to them next. I need photos of closes that have cars parking in at the end side. That will prove that it's Allowed! The end kerb surely however small is still a kerb, And the edge of a carriageway! Supposing I drove a smartcar? I could've parked that sideways where I parked? That would've been acceptable. Then again you could argue that the rules don't say a car must be parked sideways on the kerb... It's a flawed ticket

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sailor sam

sailor sam

Posted
Posted
Cool, I will go to them next. I need photos of closes that have cars parking in at the end side. That will prove that it's Allowed! The end kerb surely however small is still a kerb, And the edge of a carriageway! Supposing I drove a smartcar? I could've parked that sideways where I parked? That would've been acceptable. Then again you could argue that the rules don't say a car must be parked sideways on the kerb... It's a flawed ticket

 

Same rule would apply IMHO. It's the road side edge kerb that counts I think you will find.

 

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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green_and_mean

green_and_mean

Posted
Posted

Its not just a London wide offence its in the TMA 2004 but thats beside the point. The actual contravention is parking more than 50cms from the edge of the carriageway there is no mention of kerbs in the statute. The was a key case at PATAS that stated a dead end was still the edge of the carriageway so there was in your case no contravention.

 

 

CARR V LONDON BOROUGH OF HARINGEY

Case No. : 2070469651 PCN Number: HY24262670

 

Contravention:

Vehicle parked more than 50cm (or other specified distance) from the edge of the carriageway and not within a designated parking place

STATUTORY REGISTER ENTRY:

 

 

The Parking Attendant noted all the details of Miss Carr's vehicle and recorded that this Penalty Charge Notice (PCN) was fixed to the vehicle five minutes after it was first seen. The PCN alleged that the car was parked "more than 50cm from the kerb and not within a designated parking place". The Attendant drew a sketch in the pocketbook showing the position of the car.

Miss Carr challenged the PCN on the basis that her car had been parked in a dead-end street, where she said that residents and commercial tenants used the space at the end of the street as a parking place on a daily basis. She pointed out that her vehicle was not blocking any other vehicle, and that there were no yellow lines painted in the road or any notices prohibiting parking in that space.

The Council rejected her representations, stating that her vehicle was "double-parked outside 5A Fairfield Gardens", and that double-parking is a contravention which can be enforced at any time.

In her Notice of Appeal Miss Carr rejected the allegation that her car was double-parked. She produced a photograph which she said showed her car on the day the PCN was issued, with a diagram showing the position of the car relative to other vehicles and the edges of the road. In their Case Summary the Council stated, "It is a contravention under the London Local Authorities Act 2000 to park more than 50cm from the kerb", which they said was what the Parking Attendant had recorded occurred in this case.

Whilst this contravention is commonly referred to as "double-parking", that expression does not appear in Section 5 of the London Local Authorities Act 1995, as substituted by Section 6 of the London Local Authorities Act 2000. Nor, crucially, does the word "kerb". Section 5(2) of the 1995 Act prohibits the waiting of a vehicle where:

(a) the vehicle is on the carriageway of a road and wholly or partly within a special parking area; and

(b) no part of the vehicle is within 50 centimetres of the edge of the carriageway; and © the vehicle is not wholly within a designated parking place or any other part of a road in respect of which the waiting of vehicles is specifically authorised

Looking at both the Parking Attendant's sketch and Miss Carr's sketch and photograph, it is clear that her car was parked more than 50 centimetres from the "kerb", if that is taken to mean the edge of the footway on either side of the street. It is not possible to ascertain whether or not there is an actual kerb, i.e. made up of kerbstones, across the end of the road, but this does not matter, because what is clear is that the carriageway ends just in front of where Miss Carr's car was parked. That is to say that the carriageway in this road has three edges, rather than just the normal two along the footways.

Both sketches and the photograph show Miss Carr's vehicle parked at the end of the road. In the absence of specific evidence from the Parking Attendant as to how far the front of her car was from the edge of the carriageway at the end of the road I cannot be satisfied that no part of the vehicle was within 50 centimetres of the edge of the carriageway.

Accordingly I cannot be satisfied that a contravention of Section 5 of the 1995 Act occurred. I therefore must allow this appeal.

[it would appear that the Council have been misled by their own use of the expression "double-parking", and also by choosing to use the expression "parked more than 50cm from the kerb" in the PCN itself. The wording does not accord with the Standard PCN Codes agreed by London Councils, which correctly reproduces the words of the legislation: "Vehicle parked more than 50cm from the edge of the carriageway and not within a designated parking place".]

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