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62 J alleged parking contravention - Tower Hamlets


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Hi All,

 

I'd be grateful for thoughts/advice on the PCN I received through the post this weekend for allegedly contravening 62 J (Parked with 1 or more wheels on or over a footpath or any part of a road other then a carriageway).

 

I don't believe any of my wheels are on/over a footpath. In the larger picture on the right of the attachment my front wheel can be seen not to be on the kerb but instead on the double yellow line. I'm assuming I must therefore be on a carriageway given there are DYL's.

 

Unsure if it is relevant but the camera has me being in this position for two minutes, during this time I remain on the bike, speak to the cyclist and pass him a small package.

 

I feel aggrieved to be charged a minimum of £60 for the incident but want to check whether there are grounds for fighting this.

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I agree it looks harsh. My advice is don't fixate on the footpath as the contravention is "other than the carriageway". You need to demonstrate that you were on the carriageway.

But check for compliance.

 

See the schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

http://www.legislation.gov.uk/uksi/2007/3483/schedule/made

 

Check that the postmark of the envelope matches the date of the notice.

 

Check also that your PCN includes the following.

 

Contents of a regulation 10 penalty charge notice

 

2. A regulation 10 penalty charge notice, in addition to the matters required to be included in it by regulation 3(4) of the Representations and Appeals Regulations, must state—

 

(a)the date of the notice, which must be the date on which it is posted;

 

(b)the matters specified in paragraphs 1(b), ©, (d), (f) and (i);

 

©the grounds on which the enforcement authority believes that a penalty charge is payable;

 

(d)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice is served;

 

(e)that if the penalty charge is paid not later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount;

 

(f)that if after the last day of the period referred to in subparagraph (d)—

 

(i)no representations have been made in accordance with regulation 4 of the Representations and Appeals Regulations; and

 

(ii)the penalty charge has not been paid,

 

the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased;

(g)the amount of the increased penalty charge; and

 

(h)that the penalty charge notice is being served by post for whichever of the following reasons applies—

 

(i)that the penalty charge notice is being served by post on the basis of a record produced by an approved device;

 

(ii)that it is being so served, because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person; or

 

(iii)that it is being so served because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9.

 

3. In paragraph 2 for the purposes of subparagraph (e) the “applicable date” is—

 

(a)in the case of a penalty charge notice served by virtue of regulation 10(1)(a) (on the basis of a record produced by an approved device), the last day of the period of 21 days beginning with the date on which the notice was served;

 

(b)in any other case, the last day of the period of 14 days beginning with that date.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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You are correct in your assuption that it is still carriageway this is due to many highways authorities not knowing their @rse from their elbow. The CEO is probably correct in that you are on a crossover and not the carriageway however do to the Councils inability to mark the road correctly (the yellow lines should carry on across the entrance) it appears to the public that it is a side turning and therefore still part of the carriageway. Appeal on the grounds that it is carriageway and point out its unlawful to paint yellow lines on the footway.

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Thank you both for the feedback.

 

At the same time as posting my thread I emailed Tower Hamlets council asking for the free copies of the still images taken.

 

This weekend I received a letter through the post from them thanking me for my letter (?) and saying that having considered the points in it they agree to cancel the PCN.

 

Slightly strange but I'm not arguing with the overall outcome and am glad they have cancelled the PCN at this early stage.

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Thank you both for the feedback.

 

At the same time as posting my thread I emailed Tower Hamlets council asking for the free copies of the still images taken.

 

This weekend I received a letter through the post from them thanking me for my letter (?) and saying that having considered the points in it they agree to cancel the PCN.

 

Slightly strange but I'm not arguing with the overall outcome and am glad they have cancelled the PCN at this early stage.

 

They probably read the thread which scared them off, another success for CAG! :whoo:

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