any help please..

Mark_Hewitt

jodie114 wrote: »

• Opposite or within 10 metres (32 feet) or a junction, except in an authorised parking space .

I could walk outside and show you dozens of cars parked within 10 metres of a junction within 10 minutes.

In fact in some places you'd be hard pressed not to be within 10 metres of a junction.

sarahg1969

jodie114 wrote: »

Got this through e mail this morning - is there any help?
With regard to your letter concerning the above Penalty Charge Notice, I note that appeal to have the charge waived. I have checked the details of the ticket, which states that the vehicle was parked with one or more wheels on a footway.

As stated in your letter, footway parking is permitted, which is correct, except your are not allowed to park as stated in the Highway Code (Rule 243):

• Opposite or within 10 metres (32 feet) or a junction, except in an authorised parking space .

On this basis the ticket must stand and the penalty charge paid. If paid within ten days of the date of this letter then the charge will be at the discount rate of £50.00 Beyond this point the full penalty of £100.00 will be come due.



thanks jodie

But they've ticketed you for parking on the pavement, not for parking close to a junction. I'm pretty sure that they can't just change the contravention details like that. However, someone in the know will no doubt be along shortly.

jodie114

Thats what i thought, but who knows?

surely they can't come back to every argument with a blanket highway code rule

Neil_B

sarahg1969 wrote: »

But they've ticketed you for parking on the pavement, not for parking close to a junction. I'm pretty sure that they can't just change the contravention details like that. However, someone in the know will no doubt be along shortly.

I agree. they can't change their minds about the contravention. Doing so renders the PCN invalid so there is nothing left to enforce.

I'm not even sure what they are saying - quoting the rather laughable HC and not any relevent legislation to confirm it?

Also - is this a response to an informal challenge? - or a Formal Notice of Rejection.
If the former then I have an issue with that offer of 10 days. There is no requirement for them to extend at all - but - they clearly state on the PCN that if they do it will be 14 days.
-
Numpties.

sarahg1969

Neil_B wrote: »

I agree. they can't change their minds about the contravention. Doing so renders the PCN invalid so there is nothing left to enforce.

I'm not even sure what they are saying - quoting the rather laughable HC and not any relevent legislation to confirm it?

Also - is this a response to an informal challenge? - or a Formal Notice of Rejection.
If the former then I have an issue with that offer of 10 days. There is no requirement for them to extend at all - but - they clearly state on the PCN that if they do it will be 14 days.
-
Numpties.

Thanks, Neil. I thought that was the case.

jodie114

I emailed them with all the relevent information, including pics of the signs etc, and started the letter with " the is my offical challenge against my ticket, no: " blah blah blah.

so what do i do, i have not had a notice of owner or anything yet, is it worth challenging at appeal level? £50 would be hard to get at the moment, but £100 would be even harder!

Neil_B

It's just informal at the moment then - so my comment about them changing their minds 14 days/10 days stands.

You also posted this elsewhere but not as much detail as you did here? They are good and best people to confirm the contravention issue.

I found that quite a surprising response from Redbridge. Normally generally quite professional - as Councils go.

like I said, get that further opinion if the cost is a big worry.

Can't tell you what to do but looks strong to me - and note i was quite negative near the beginning?
-

jodie114

would it be possible/ socially acceptable (?) to post this thread link on there, save re-scanning, and typing everything out again?

TheBogsDollocks

Their reply is complete tosh and smacks of grasping at straws. If that is their best defence then it's rather pathetic.

Here is the link to rule 243 of the HC

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

You will notice that unlike some of the other rules this rule has no legislation to refer to. That is because it is not a legal obligation but merely an advisory one. If parking within 10m of a junction was so taboo, I think the towing industry would be like flies around sh*t but they're not which must tell you something.

If they had something concrete to reject you with they would have. They cannot conjure up another contravention (in their eyes only) they must in their rejection letters address the points you raise in your appeals and stick only to the contravention on the PCN.

They can afford to keep rejecting you unjustly, right up to a date with an adjudicator. Unfortunately the money is a factor for you and it must be your decision whether to gamble.

jodie114

The money is not undo-able, but i only get disability benefits etc so it is tight. However my stubborn streak is probably stronger, and i hate nothing more than being taken for a ride, so if it is a strong case, i would be prepared to hold off.

In that instance, do i wait for a notice of ownership, and then post up here?

so just so i know what i am saying, they are not addressing my points, and are only defending themselves with an advisory notice, not a legal one?

thanks