PCN Appeal Rejected - Notice to Owner Issued - PLEASE HELP

angelloveguy

Dear All,

My friend was issued a PCN while he parked his car in Mildway Road Car Park In Ilford, Redbridhge Council. he appeal against the PCN which is now rejected and Notice to Owner is issued . the grounds he mentioned in his appeal was "



I would like to appeal the penalty charge served upon me. I live in ilford and I come into this car park normally 2 to 3 times in a week and I always park my car with a valid parking ticket and it never happened to me that I ever forget to put ticket in my car.

On 08th July 2011 I came into Mildmay Road Car Park and when I went to buy a Parking ticket from Ticket Machine it said the Machine is Out of Order. I checked other cars and most of them had papers mentioning that Machine is not working and Out of Order.

I had no mobile or any device through which I could pay the ticket with a text message.

I would like you to cancel this PCN as I am still happy to pay that £2 which I tried to pay at that time but machine was not working. I would ensure next time that I would not leave my car in this car park if Machine is not working.

I want to challenge this PCN issued to me as I am not agree with the PCN .

I believe that for the council to take such a stance would be contrary to the advice of the DfT and the Secretary of State.

Paragraph 85 from the Secretary of State’s Statutory Guidance to Local Authorities advises;

85. An authority has a discretionary power to cancel a PCN at any point
throughout the CPE process. It can do this even when an undoubted
contravention has occurred if the authority deems it to be appropriate in the
circumstances of the case. Under general principles of public law, authorities
have a duty to act fairly and proportionately and are encouraged to exercise
discretion sensibly and reasonably and with due regard to the public interest

This statutory guidance is given legal authority by section 87 of the Traffic Management Act 2004 whereby statute instructs that the council must have regard to this guidance. Any failure to have regard to this guidance is a procedural impropriety as defined by regulation 4(5) of the Civil Enforcement of Parking Contraventions (Wales) 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—

It is clear to any reasonable person that it would not be in the public interest to penalise a person who immediately on parking their vehicle contacted the council and paid the required fee. I cannot think of a more appropriate situation where paragraph 85 applies than this. I therefore politely request that the council act fairly and proportionately in this matter and exercise their discretion sensibly and reasonably by cancelling this penalty charge. It would be best for all if we can resolve this without the need to seek independent adjudication."


Can someone please help me to find some grounds for appeal .

Thanks

Trebor16

If the machine was out of order then perhaps a Freedom of Information request should be made giving details of the machine and asking for details of any maintenance on the machine at the time the PCN was issued.

I would also go to www.pepipoo.com and make use of the collective brain power there who are well versed in these issues.

angelloveguy

Can you please help me and draft a letter for Freedom of Information request and I will then post it to Redbridge Council.

Trebor16

Something along the lines of

Dear Sir/Madam,

I would like to make a freedom of information request.

Please supply me with the following information:-

Details of when parking ticket machine number

---

located at Mildmay Road car park has been inoperative in the period between 1st January 2011 to 31st August 2011.

Details of when you have been notified that this machine has been out of order.

Details of what repairs have been made between the above dates





Something along those lines shouold do the trick.

Coupon-mad

angelloveguy wrote: »

Can you please help me and draft a letter for Freedom of Information request and I will then post it to Redbridge Council.

Not a good idea if your 'friend' then sits back thinking he has acted on the PCN when he has not!

FOI requests are slow, they have something like 20 days to respond which would then mean you/he has missed the chance to informally appeal within the first fortnight and will have lost the discounted penalty amount 'bribe'.

Edit - just seen that you have posted on pepiupoo. Good!

http://forums.pepipoo.com/index.php?showtopic=65759


Parking when a machine is broken may not win at adjudication as some Parking Places Orders will stipulate that cars should not park at all, or say that motorists must find another machine which is working, under these circs.

But that is NOT to say that pepipoo won't find your friend grounds for appeal. There are lots of lines of attack and the broken machine is only one of them. Almost everyone who posts on pepipoo wins their case where it's a Council PCN so stick with them and reply on your own pepipoo thread whenever you need further advice or get more letters.

angelloveguy

Hi

Please check TRO for Redbridge



THE COUNCIL OF THE LONDON BOROUGH OF REDBRIDGE

TRAFFIC MANAGEMENT ORDER

2010 No. 17

The Redbridge (Off-Street Parking Places) (No.1)


Traffic Order 2010

Made 10 May 2010

Coming into operation on 7 June 2010



ARRANGEMENT OF ARTICLES

Article

PART I – PRELIMINARY


Commencement and Citation 2

PART II – DESIGNATION OF PARKING PLACES


Use of Parking Places 3 – 24

Parking Places for Disabled Badge holders 25

Parking Places for motorcycles 26

PART III – PARKING CHARGE AND PENALTY CHARGE


Manner of Payment – Pay and Display 27

Manner of Payment – Pay on Foot 28

Manner of Payment – Pay on Entry 29

Permits or tickets to be displayed in vehicles left in parking places 30

Exemptions from charges 31

When a Penalty Charge is payable 32

Amount of the Penalty Charge 33

Manner of payment of the Penalty Charge 34 -35

Restrictions on removal of Notices and Tickets 36

PART IV – PERMITS AND SEASON TICKETS


Use of Essential User Permits

37

Use of Season Tickets

38

Use of School Permits

39

Eligibility for Permits and Season Tickets

40

Surrendering Permits and Season Tickets

41

Withdrawal of Permits and Season Tickets

42

Grounds for surrendering or withdrawing permits and Season Tickets

43

Permits and Season Tickets ceasing to be valid

44

Issue of duplicate Permits and Season Tickets

45

Details to appear on Permits and Season Tickets

46

The charge for Permits and Season Tickets

47

Charge for a duplicate Permit or Season Ticket to replace one lost, stolen or destroyed

48

Refund of charge paid in respect of a Permit or Season Ticket

49

Administration charge for the refund of a Permit or Season Ticket

50

PART V – SUPPLEMENTARY PROVISIONS


Movement of vehicle left in a parking place 51

Disposal of vehicles abandoned in a parking place 52

Right to refuse entry to a parking place 53

Removal and disposal of vehicles 54

Revocations 55

INDEX TO SCHEDULES

Schedule 1 Charteris Road, Woodford Green (CP1)

Schedule 2 Court Way (CP17)

Schedule 3 Cranbrook Road, Ilford (CP4)

Schedule 4 Craven Gardens, Barkingside (CP5)

Schedule 5 Derby Road, South Woodford (CP6)

Schedule 6 Eastwood Close, south Woodford (CP7)

Schedule 7 Eastwood Close, South Woodford (CP8)

Schedule 8 George Lane Viaduct, South Woodford (CP9)

Schedule 9 Goodmayes Road, Goodmayes (CP11)

Schedule 10 Grove Park, Wanstead (CP12)

Schedule 11 High Road, Seven Kings (CP13)

Schedule 12 High Road, South Woodford (CP14)

Schedule 13 Mulberry Way, South Woodford (CP10)

Schedule 14 Sir James Hawkey Hall, Woodford Green (CP18)

Schedule 15 Station Road, Chadwell Heath (CP19)

Schedule 16 Wangey Road, Chadwell Heath (CP23)

Schedule 17 Mildmay Road, Ilford (CP16)

Schedule 18 High Road, Ilford (CP15)

Schedule 19 Fullwell Cross Swimming Pool (CP29)

Schedule 20 Cricklefields, Ilford (CP27)

Schedule 21 Chadwick Road, Ilford

Schedule 22 Ley Street Multi-storey (CP25)

Schedule 23 Schedule of Charges



The Council of the London Borough of Redbridge (hereinafter referred to as the "Council"), in exercise of the powers conferred by sections 32, 35 and 124 and Parts III and IV of Schedule 9 to the Road Traffic Regulation Act 1984(a), and in accordance with the provisions of Part 6 of The Traffic Management Act 2004 (“the 2004 Act”)and of all other powers thereunto enabling hereby make the following Order:-

PART I - PRELIMINARY


Citation and Commencement

1. This Order shall come into operation on 7 June 2010 and may be cited as The Redbridge (Off-Street Parking Places) (No. 1) Traffic Order 2010

Interpretation

2. In this Order, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them;

"authorised vehicle" means a vehicle of a specified class authorised to use a parking place by virtue of Article 3 of this Order and as specified in the Schedules to this Order;

“authorised agent” means the parking services contractor appointed by and acting on behalf of the council for the purposes of the supervision and enforcement of the provision of this Order;

“civil enforcement officer” has the same meaning as in Section 76 of The Traffic Management Act 2004.

“Council” means the Council of the London Borough of Redbridge

"disabled person's badge" and “disabled person's vehicle” has the same meaning as in the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000(b);

"driver" in relation to a vehicle waiting in a parking place, means the person driving the vehicle at the time it was left in the parking place;

“electrically propelled vehicle” means a vehicle in which the electrical motive power is derived from an electrical storage battery which is not connected to any source of power when the vehicle is in motion.

“Essential user permit” means a permit issued under the provisions of Article 37

"goods carrying vehicle" means a motor vehicle which is constructed or adapted for use for the carriage of goods or burden of any description and is not drawing a trailer;



(a) 1984 c.27 (b) S.I. 2000/683


"invalid carriage", "motor vehicles", "motorcycle" and "trailer" have respectively the same meanings as in section 136 of the Road Traffic Regulation Act 1984 provided that for the purpose of this Order the term "motorcycle" shall be deemed to include a solo motorcycle only;

“local residents and businesses” means residents and businesses who have a post code commencing E18 and IG8.

“Owner" means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994, is presumed (unless contrary is proved) to be the person in whose name the vehicle is registered.

"Parking Adjudicator" has the same meaning as in Section 73 of the Road Traffic Act 1991;

"parking place" means any area of land specified by name in Item 1 of the Schedules to this Order provided by the Council under Section 32 of the Road Traffic Regulation Act 1984 for use as a parking place;

"parking bay" means any part of a parking place marked out, by means of white or yellow lines or otherwise, for the leaving of a vehicle;

"passenger vehicle" means a motor vehicle (other than a motorcycle or invalid carriage) constructed or adapted solely for the carriage of not more than twelve passengers (exclusive of the driver) and their effects and not drawing a trailer;

“pay on foot machine” means an apparatus for calculating a tariff charge and on acceptance of the charge will validate a ticket to operate the exit barrier from the parking place.

"Penalty Charge" has the same meaning as that given in section 92 of The Traffic Management Act 2004.

“Penalty Charge notice” means a notice showing the information required by the Schedule of The Civil Enforcement of Parking Contraventions (England) General Regulations 2008 (b)

“School Permit” means a permit issued to parents and carers of children attending a specified school.

“school term time” has the same meaning as in the Education (No. 2) Act 1986(c)

“Season Ticket” means a ticket issued to a Season Ticket holder by the Council.

“Season Ticket holder” means a person to whom the council have issued a Season Ticket and who is entitled to the use of such a Season Ticket by virtue of the payment of the appropriate charge.


(a) 1978 c30 (b) SI 2008, No. 1513 (c) 1986 c61
“specified school” shall be any school deemed appropriate by the council.

“ticket” means a ticket issued by the ticket parking meter relating to the parking places referred to in Schedules 1 to 22 to this Order.

“ticket machine” means a machine which issues a pay and display ticket

The Interpretation Act 1978(a), shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

PART II – DESIGNATION OF PARKING PLACES

Use of Parking Places

3. Each parking place may be used, subject to the following provisions of this Order, as a parking place for such classes of vehicles in such positions on such days and during such hours and on payment of such charges as are specified in relation thereto in Items 2 to 8 of Schedules 1 to 22 to this Order.

4. The driver of a vehicle shall not permit it to wait in a parking place other than in a parking bay and for this purpose, except with the permission of the Council, every part of the vehicle must be within the limits of the parking bay and not more than one vehicle shall occupy any one such parking bay.

5. The driver of a vehicle shall not permit it to wait in a parking place that has been reserved by means of a sign or surface marking specifically for the use of disabled persons unless;

a. the vehicle is displaying a disabled person's badge and

b. the vehicle is carrying a registered disabled person at the time the vehicle enters and leaves the parking bay and that person (whether the driver or a passenger) is the person to whom the badge was issued;

6. The driver of a vehicle shall not permit it to wait in a parking place that has been reserved by means of a sign or surface marking specifically for the use of motorcycles unless the vehicle is a motorcycle.

7. The driver of a vehicle shall not permit it to wait in a parking place specified in Item 1 of Schedules 1 to 20 of this Order

a. without displaying a valid pay and display ticket


b. or without displaying a valid Essential User permit Season Ticket or School Permit;

c. or without displaying a disabled person’s badge

unless that vehicle is a motorcycle or an electrically propelled vehicle.

8. The driver of a motor vehicle using a parking place shall stop the engine as soon as the vehicle is in position in that parking place and shall not start the engine except when about to change the position of the vehicle within or to depart from the parking place.

9. No person shall within a parking place;

a. sell or offer for sale or for hire any article, skill or service;

b. do anything in connection with the selling or hiring of any article, skill or service whether from a vehicle or otherwise;

c. erect or place any advertisement;

d. distribute any leaflet;

e. reserve a parking space for any purpose;

f. park without displaying a valid vehicle excise licence (tax disc);

g. park in a car park when it is closed.

without the prior consent of the Council.

10. No person shall within a parking place without good reason or excuse deposit or leave any goods, builders materials, items of furniture, vehicle parts, or rubbish of any description. Items of litter may only be deposited in the bins provided for this purpose.

11. The driver of a motor vehicle using a parking place is not permitted to drive any vehicle therein without due care and consideration or in a manner likely to endanger any other person or at speeds in excess of 15 kph.

12. The driver of a vehicle using a parking place shall not sound any horn or other similar instrument therein except in the interests of safety.

13. No person shall, except with the permission of the Council or any person duly authorised by them, drive any vehicle in a parking place other than for the purpose of leaving that vehicle in the parking place in accordance with the provisions of this Order or for the purpose of departing from the parking place.

14. No person shall in a parking place wantonly shout or otherwise make any loud noise to the disturbance or annoyance of users of the parking place or residents of premises in the neighbourhood.

15. No person shall use any part of a parking place or any vehicle left in a parking place.

a. for sleeping or camping purposes, or

b. for cooking purposes, including the lighting of a fire for any reason; or

c. for the purpose of servicing, washing, cleaning, constructing, maintaining or repairing any vehicle or part thereof other than is reasonably necessary to enable that vehicle to depart from the parking place.

16. In a parking place, no person shall erect or cause or permit to be erected any tent, booth, stand, building or other structure without the written consent of the Council.

17. Any person using a parking place as a means of passage proceeding from one road to another road or for access purposes to property or land adjacent to but not forming any part of the parking place shall be deemed to be so using by licence of the Council and not as of right.

18. Where in a parking place signs are erected or surface markings are laid for the purpose of indicating -

a. the entrance to or exit from the parking place, or

b. that a vehicle using the parking place shall proceed in a specified direction within the parking place.

no person shall drive or cause or permit to be driven any vehicle -

i. so that it enters the parking place otherwise than by an entrance, or leaves the parking place otherwise than by an exit, so indicated, or

ii. in a direction other than that specified.

19. The driver of a vehicle drawing a trailer together having a combined length exceeding 5.5 metres shall not permit the vehicle or the trailer to wait in a parking place unless they have been disconnected, and unless the registration number of the vehicle is clearly displayed on the trailer and for the purposes of this Order, the vehicle and the trailer shall be deemed to be separate vehicles and the said driver shall be deemed to be the driver of each of the said vehicles.

20. No vehicle shall be left in any parking place if its length exceeds 5.5 metres or its height exceeds 2.0 metres, or in the case of a goods vehicle its unladen weight exceeds 1,525kg except with the permission of the Council.

21. Notwithstanding the provisions of this Order, the Council may by notice displayed at or near a parking place close or reserve for any purpose such a parking place or part thereof for any period and no driver of any vehicle shall use such parking place or part thereof when it is so closed or reserved except with the permission of the Council.

22. No person shall use any reserved bay other than for the purpose indicated by a sign or marking.

23. The payment of the appropriate charge at one parking place shall not permit a vehicle being parked at another parking place without further payment.


24. The Council does not undertake to supervise any parking place and entry to and exit from and use of the parking bays is entirely at the users risk and the Council or its servants or agents does not accept any liability for any damage to or loss of vehicles or their contents which arise from any act or omission outside its reasonable control.

Parking Places for Disabled Badge Holders

25. Any person with a disabled persons badge and who is the owner of a vehicle of the following class, that is to say a passenger vehicle, or a goods carrying vehicle, may leave that vehicle free of charge in a parking bay designated for disabled motorists displaying a blue badge in a parking place which is specified in Schedules 1 to 22 to this Order.

Parking Places for motorcycles

26. Any person who is the owner of a vehicle of the following class, that is to say a motorcycle, may park free of charge in a parking place which is specified in Schedules 1 to 22 to this Order.

angelloveguy

PART III – PARKING CHARGE AND PENALTY CHARGE


Manner of Payment – Pay and Display

27. Without prejudice to the provisions of Article 7 to this Order, the driver of a vehicle who leaves that vehicle in a parking place during the permitted hours shall immediately pay the appropriate charge as set out in Item 8 of Schedules 1 to 21 and Schedule 23 to this Order,

a. The charge shall be paid by the insertion into the ticket machine provided in the parking place of a coin or coins of the denominations specified in Item 14 of Schedules 1 to 20 dependent on the period for which payment is being made and the class of vehicle, provided that if any payment is made over the appropriate charge, the charge together with the amount of the over payment shall be deemed to be the charge;

b. Payment of the charge shall be indicated by the issue by the machine of a numbered ticket showing the day and time of expiry of the charge and by the exhibition of that ticket on the vehicle in accordance with paragraphs (d) and (e) of this Article;

c. Any ticket purchased in accordance with paragraphs (a) and (b) of this Article is not transferable between one vehicle and another.

d. Upon payment of the charge the driver shall exhibit on the vehicle a ticket issued by the apparatus by affixing the ticket to the inside surface of the windscreen so that it is facing forwards and can be easily seen from the front of the vehicle.

e. The ticket shall be so exhibited that the time and other particulars shown thereon are clearly visible from outside the vehicle.

Manner of Payment – Pay on Foot

28. Without prejudice to the provisions of Article 7 to this Order, the driver of a vehicle who leaves that vehicle in a parking place in Schedule 22 during the permitted hours, on entering the parking place, must extract a ticket from the ticket dispensing machine which will automatically raise the entry barrier.

a. prior to leaving the parking place:

(i) the driver of the vehicle (excluding a Season Ticket holder, a vehicle displaying a valid disabled persons’ badge, electrically propelled vehicle or a motorcycle) should insert the said ticket into the pay on foot machine and pay the appropriate tariff shown in schedule 23 to this Order, in coin or coins or notes of the denominations specified in Item 14 of Schedule 22 in accordance with the instructions shown on that machine.

(ii) the driver of a vehicle displaying a valid disabled persons’ badge, an electrically propelled vehicle or a motorcycle shall produce the
ticket to the parking attendant, who will enable that vehicle to leave
the parking place without payment of the charge.

b. on reaching the exit barrier:

(i) the driver of the vehicle (excluding a Season Ticket holder, a vehicle displaying a valid disabled persons’ badge, electrically propelled vehicle or a motorcycle) should insert the ticket into the exit machine, and if necessary paying any surcharge displayed thereon, whereupon the exit barrier will raise automatically, allowing the vehicle to leave the parking place;

(ii) the driver of a vehicle being a Season Ticket holder, shall insert the Season Ticket into the exit machine whereupon the exit barrier will raise automatically, allowing the vehicle to leave the parking place.





Manner of Payment – Pay on Entry


29. Without prejudice to the provisions of Article 7 to this Order, the driver of a vehicle who leaves that vehicle in a parking place in Schedule 21 during the permitted hours, on entering the parking place, must pay the parking charge to the car park attendant.

a. the driver of a vehicle displaying a valid disabled persons’ badge shall produce the badge to the parking attendant, who will enable that vehicle to enter the parking place without payment of the charge.



Permits or tickets to be displayed in vehicles


30. Subject to the provisions of Article 7, at all times during which a vehicle is left in a parking place in Schedules 1 to 20 during the permitted hours, the driver shall cause to be displayed either of the following:

a. in the case of a valid pay and display ticket, so that the date and time of issue and the charge paid in respect of the ticket, are readily visible from the front or near-side of the vehicle.

b. in the case of an Essential User permit and disc, so that all the permit particulars referred to in Article 46 are readily visible from the front or nearside of the vehicle and the disc is exhibited so that the five-minute period during which the period of waiting began is legible from outside the vehicle.

c. In the case of a Disabled Person’s Badge and disc, so that the badge is readily visible from the front or nearside of the vehicle and the disc is exhibited so that the quarter-hour period during which the period of waiting began is legible from outside the vehicle.

d. in the case of a Season Ticket, so that all of the details shown on the front of the permit are readily visible from the front or near-side of the vehicle.

e. in the case of a school permit, so that all the details shown on the front of the permit are readily visible from the front or near-side of the vehicle.

unless that vehicle is a motorcycle or an electrically propelled vehicle.


Exemptions from charges


31. The following vehicles left in a parking place shall be exempt from the payment of any charge specified in Item 8 of Schedules 1 to 22 to this Order where this is specified in Item 9 of these Schedules.

a. an invalid carriage;

b. a vehicle displaying a Season Ticket, Essential User permit or school permit during school term time;

c. a vehicle bearing a disabled person's badge provided the vehicle is carrying a registered disabled person at the time the vehicle enters and leaves the parking place and that person (whether the driver or a passenger) is the person to whom the badge was issued;

d. motorcycles;

e. an electrically propelled vehicle.

When a Penalty Charge is payable

32. During the hours of operation in a parking place, a Penalty Charge shall be payable If a vehicle is:

a. parked without payment having been made in accordance with Articles 27, 28 or 29;

b. used in connection with the sale or offering or exposing for sale of goods when prohibited;

c. parked for longer than the maximum permitted period;

d. parked in a restricted area of the car park;

e. left parked after the expiry of the period for which payment was made in accordance with Article 27;

f. left parked without displaying a ticket or permit;

g. parked displaying a ticket which was not purchased by the driver of the vehicle at the time that the vehicle was initially parked in the parking place;

h. not parked wholly within a parking space;

i. parked in a bay reserved for disabled motorists without displaying a valid disabled person’s badge in the prescribed manner;

j. in a parking space specifically reserved for disabled persons without displaying a valid disabled person's badge;

k. in excess of the maximum weight or height or length permitted in the area;

l. re-parked within one hour of leaving the parking place;

m. parked in a space not designated for that class of vehicle;

n. parked causing an obstruction;

o. parked in a parking place when it is closed;

p. parked in a parking places for a purpose other than the designated purpose for the parking place;

q. parked with the engine running where prohibited.





Amount of the Penalty Charge


33. a. Where a vehicle contravenes any provisions set out in Article 32 of this Order, a Penalty Charge shall be payable.

b. In the case of a vehicle in respect of which a Penalty Charge has been incurred, the Penalty Charge notice showing the information required by the Schedule of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007, shall be affixed to the vehicle, or handed to the person in charge of the vehicle, or sent by post to the owner of the vehicle.

c. The amount of Penalty Charge payable shall be determined by the council and shall be stated on the Penalty Charge notice.

Manner of payment of the Penalty Charge


34. The Penalty Charge shall be paid to the council by such method deemed appropriate by the council and in accordance with the instructions stated on the Penalty Charge notice.

35. The amount of Penalty Charge payable is in addition to any parking charge that may have already been paid.

Restrictions on Removal of Notices and Tickets

36. a. Where a ticket has been exhibited on a vehicle in accordance with the provisions of Article 30 no person, not being the owner or driver of the vehicle, shall remove the ticket from the vehicle unless authorised to do so by the owner or driver or a civil enforcement officer;

b. Where a notice has been attached to a vehicle in accordance with Article 33 of this Order, no person, not being the owner or driver of the vehicle or a civil enforcement officer, shall remove the notice from the vehicle unless authorised to do so by the owner or driver or a civil enforcement officer.

angelloveguy

PART IV – PERMITS AND SEASON TICKETS

Use of Essential User Permits

37. (1) Any person may cause or permit a vehicle, which displays a valid Essential User permit, issued in accordance with the provisions of Article 40 of this Order, to wait without charge in a parking place set out in Schedules 1 to 20 to this Order, for a period not exceeding two hours (not being a period separated by an interval of less than one hour from a previous period of waiting by the same vehicle in the parking place on the same day), provided that the vehicle displays in the relevant position a parking disc on which the driver, or other person in charge of the vehicle has marked the time at which the period of waiting began.

(2) The eligibility of an applicant for an Essential User permits shall be at the discretion of the Council.

Use of a Season Ticket

38. (1) Any person may cause or permit a vehicle, which displays a valid Season Ticket, issued in accordance with the provisions of Article 40 of this Order, to wait without charge in a parking place set out in Schedules 1 to 16, 19, 20 and 22 to this Order.

(2) The eligibility of a business applicant for a Season Ticket shall be at the discretion of the Council.

(3) The eligibility of a resident for a Season Ticket shall be at the discretion of the Council.

Use of School Permits

39. (1) Any person may cause or permit a vehicle, which displays a valid School Permit, issued in accordance with the provisions of Article 40 of this Order, to wait without charge in a parking place set out in the Schedules to this Order, for a period not exceeding 30 minutes (not being a period separated by an interval of less than one hour from a previous period of waiting by the same vehicle in the parking place on the same day.

(2) The eligibility of an applicant for a School Permit shall be at the discretion of the Council and will only be issued to parents and carers of children attending a specified school.

Eligibility for Permits and Season Tickets


40. (1) Any eligible person who is the owner of a vehicle of one of the following classes that is to say:

a. a passenger vehicle not exceeding 5.5 metres in length or 2 metres in height, or

b. a goods vehicle not exceeding 1524 kilograms un-laden weight; or

c. a motorcycle.

may apply to the Council for the issue of an Essential User permit, a Season Ticket or a School Permit and any such application made on a form issued by the Council shall include the particulars and information required and shall be accompanied by a remittance for the charge specified in Schedule 23 for the Season Ticket or Permit.

(2) The Council may at any time require an applicant for, or holder of, a Season Ticket or Permit to produce to an officer of the Council such evidence in respect of an application for a permit or Season Ticket made to them as they reasonably require to verify any particulars or information given to them or in respect of any Season Ticket or permit issued by them as they may reasonably require to verify that the Season Ticket or permit is valid.

(3) On receipt of an application duly made under the foregoing provisions of this Article, and of the fee specified in Schedule 23 of this Order, the Council, upon being satisfied that the applicant is eligible, and is the owner of the specified vehicle, shall issue to the applicant one Essential User permit, Season Ticket or School Permit for the leaving of the specified vehicle during the permitted hours in parking places set out in Schedules 1 to 22 to this order as specified in Item 9 of those schedules.

Surrendering Essential User permits, School Permits or Season Tickets

41. A permit or Season Ticket holder may surrender a permit or Season Ticket to the Council at any time and in any case shall surrender a Season Ticket or permit to the Council on the occurrence of any one, or more of the events set out in Article 43.

Withdrawal of Essential User permits, School Permits or Season Tickets

42. The Council may, by notice in writing served on the permit or Season Ticket holder by sending the same by recorded delivery service or by hand delivery to the holder’s address shown by that person on the application for the permit or Season Ticket or at any other address believed to be that person’s place of abode, withdraw a permit or Season Ticket if it appears to the Council that any one or more of the events set out in Article 43 has occurred and the holder shall surrender the permit or Season Ticket to the Council no later than 4 days after sending by post or hand delivery of such notice.

Grounds for surrendering or withdrawing Essential User permits, School Permits or Season Tickets


43. The events referred to in Article 41 are:

a. the permit or Season Ticket holder ceasing to become eligible for a permit or Season Ticket;

b. the permit or Season Ticket holder ceasing to be the owner of the vehicle in respect of which the permit or Season Ticket was issued;

c. the vehicle in respect of which such permit or Season Ticket was issued being adapted or used in such a manner that it is not a vehicle of the class specified in Article 40 of this Order;

d. When a permit or Season Ticket is issued to any person upon receipt of a cheque or credit card payment and the cheque or credit card payment is subsequently dishonoured.


Essential User Permit, Season Ticket or School Permit ceasing to be valid


44. Without prejudice to the foregoing provisions of this Article, a permit or Season Ticket shall cease to be valid on the expiration of the date stated on the permit or Season Ticket or on the occurrence of any one, or more of the events set out in Article 43, whichever is the earlier.

Issue of duplicate Essential User Permit, Season Ticket or School Permit


45. a. If a permit or Season Ticket is mutilated or accidentally defaced or the details on the permit or Season Ticket become illegible or the colour of the permit or Season Ticket has become altered by fading or otherwise, the permit or Season Ticket holder shall either surrender it to the Council and apply to the Council for the issue of a duplicate permit or Season Ticket. The Council, upon receipt of the permit or Season Ticket, shall issue a duplicate one and the original one shall become invalid.

b. If a permit or Season Ticket is lost, stolen or destroyed, the permit or Season Ticket holder may apply to the Council for the issue of a duplicate one and the Council, upon being satisfied as to such loss, theft or destruction, shall issue a duplicate one and the original one shall become invalid. Any such application shall be made on a form issued by and obtained from the Council and shall include the particulars and information required and shall be accompanied by a remittance for the charge specified in Article 44 for the permit or Season Ticket.

Details to appear on an Essential User Permit, Season Ticket or School Permit


46. A permit or Season Ticket shall include the following particulars:

a. The registration mark of the vehicle in respect of which the permit or Season Ticket has been issued;

b. A unique serial number;

c. The period during which, subject to the provisions of Article 39 of this Order, the permit or Season Ticket shall remain valid; and

d. An indication that the permit or Season Ticket has been issued by the Council.

The charge for an Essential User Permit, Season Ticket or School Permit


47. The charge in connection with the issue of a permit or Season Tickets specified in Article 36 and for the leaving of a vehicle in any parking place set out in Schedules 1 to 22 of this Order during the permitted hours shall be as set out in Schedule 23.


Charge for a duplicate permit or Season Ticket to replace one lost, stolen or destroyed


48. The charge in connection with the issue of a duplicate permit or Season Ticket as specified in Article 41 and for the leaving of a vehicle in any parking place during the permitted hours shall be that set out in Schedule 23.

Refund of charge paid in respect of an Essential User permit, Season Ticket or School Permit

49. a. A permit or Season Ticket holder who surrenders a permit or Season Ticket to the Council before it becomes valid shall be entitled to a refund of the charge paid for the permit or Season Ticket.

b. A permit or Season Ticket holder who surrenders a permit or Season Ticket to the Council after it has become valid shall be entitled to a refund of part of the charge paid, calculated in accordance with the provisions of the next following paragraphs.

c. The part of the charge for an Essential User Permit or a Season Ticket which is refundable under the provisions of paragraph (b) above shall be calculated on a pro-rata basis in respect of each complete month which remains unexpired at the time when the permit is surrendered to the Council.

d. The part of the charge for a School Permit which is refundable under the provisions of paragraph (c) above shall be calculated on a pro-rata basis in respect of each complete school term which has not commenced at the time when the permit is surrendered to the Council.


Administration charge for the refund of the charge in respect of an Essential User Permit, Season Ticket or School Permit.

50. The charge in connection with the refund of a permit as specified in Article 49 shall be that set out in Schedule 23.

PART V – SUPPLEMENTARY PROVISIONS

Movement of a Vehicle left in a Parking Place

51. a. Any duly authorised officer or agent of the Council or a police constable in uniform may move or cause to be moved, in case of emergency, to any place he thinks fit any vehicle left in a parking place;

b. Where any vehicle is standing in a parking place in contravention of any of the provisions contained in this Order, a person authorised in that behalf by the Council may alter or cause to be altered the position of the vehicle and he may remove the vehicle from the parking place or cause it to be so removed;

c. Any person removing or altering the position of a vehicle by virtue of the foregoing provisions of this Article, may do so by towing or driving the vehicle or in such other manner as he may think necessary to enable him to remove it or alter its position, as the case may be;

d. Any person removing or arranging for the removal of a vehicle by virtue or paragraph (i), (ii) or (iii) of this Article shall make such arrangements as he considers to be reasonably necessary for the safety of the vehicle in the place to which it is removed and the Council or its duly authorised agents shall not be liable for any loss or damage caused to the vehicle or its contents as a result of its being moved within the parking place or removed from the parking place under the provisions of this Article.

Disposal of Vehicles abandoned in a Parking Place

52. The Council, in respect of any vehicle which has been or could at any time be removed from a parking place in pursuance of Article 51, if it appears to them to have been abandoned, may sell or otherwise dispose of the vehicle and may recover any expenses and charges specified in Items 10 to 13 of Schedules 1 to 22 from any person responsible.


Right to refuse entry to a Parking Place

53. The Council or its civil enforcement officers may refuse entry to any parking place, to any person or to any vehicle.

Removal and disposal of vehicles

54. a. Where a civil enforcement officer is of the opinion that a vehicle has been left or allowed to remain at rest in a parking place during the prescribed hours in contravention of the provision of this Order he may remove or cause to be removed the vehicle from the said parking place and, when it is so moved shall provide for the safe custody of the vehicle;

b. The Council shall be entitled to recover from the person responsible such charges in respect of the removal, storage and disposal of the vehicle, as specified in Items 11 to 13 of Schedules 1 to 22;

c. The provisions of the Road Traffic Regulation Act 1984, as amended, shall apply to the disposal of any vehicles removed by the Council pursuant to this Article.

d. The owner or person in charge of a vehicle who recovers a vehicle removed pursuant to this Article by payment of the Penalty Charge and such other charges as may be prescribed or receives payment of the proceeds of the sale of the vehicle by the Council shall be entitled to make representation to the Council and have a right of appeal to a Parking Adjudicator appointed in accordance with the provision of sections 71 and 72 of the Road Traffic Act 1991.

Revocations

55. The London Borough of Redbridge (Off-Street Parking Places – Surface Car Parks) Order 1982, The London Borough of Redbridge (Ley Street Multi-Storey Car Park) Order 2006, and all subsequent amendments are hereby revoked by this Order.






THE CORPORATE SEAL OF THE MAYOR AND
BURGESSES OF THE LONDON BOROUGH OF
REDBRIDGE was hereunto affixed
this tenth day of May 2010
In the presence of:-


Mayor





Borough Solicitor and Secretary

maninthestreet

You could have just posted a link to the TRO, couldn't you???

angelloveguy

Yes I did try to post the link but the website didn't allow me to link .

Please can anyone help me make some grounds for the appeal

angelloveguy

Please check below a reply from Redbridge Council:

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Your request for information has now been considered by Highways and
Cleansing Services and the information requested is detailed below.

Please note below are the dates machine at Mildmay Car Park was reported
out of order and the dates that it was repaired.

Reported Repaired Fault
21/02/2011 22/02/2011 Coin slot blocked
01/03/2011 01/03/2011 Not accepting coins
12/04/2011 12/04/2011 Out of tickets
18/07/2011 18/07/2011 Not accepting coins
11/08/2011 12/08/2011 Not accepting coins
22/08/2011 23/08/2011 Ticket Jam