Author Topic: No more $CAMera cars at Southampton Way  (Read 3748 times)

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Offline Esinem

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No more $CAMera cars at Southampton Way
« on: 24 April, 2012, 05:58:16 PM »
The signs have been changed to Loading only 7am-7pm and the car is no longer there. I hear they now send at CEO around on a moped when Tesco are likely to be needing it. However, they have now created a lot of new residents bays and some pay & display bays.
Wastemonster City Council can      NoToMob are watching you!

Offline ElleWoods

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Re: No more $CAMera cars at Southampton Way
« Reply #1 on: 08 May, 2012, 06:44:29 PM »
Hi Esinem,

I'm a newbie here and I hope you don't mind me messaging, but I received a PCN for parking in this bay on 21 January 2012 (by a $CAMera car). I had looked at the sign but obviously misread it as they took photos of me parking at 12.49pm (11 minutes before parking is allowed! I think I must have read it as not being allowed to park from 1 pm).

I saw this board and the posts by several forum members and then wrote a letter to Southwark Council appealing the ticket as (a) the PCN was issued by a CCTV camera contrary to statutory guidance which states that CCTV enforcement should only be used when where enforcement is difficult or sensitive and and CEO enforcement is not practical; (b) the signage is not legally compliant because there are no signs warning that CCTV enforcement is being carried out in the area; (c) the bay is not properly marked for its use (citing the Angol -v- Southwark Council case); and (d) that the wording on the sign is unclear and too high up for a driver to read (thought I'd just throw this is for good measure!).

I also noticed that when they sent me the PCN, they had not taken a picture of the sign, but just the pole the sign was on.

However, the Council wrote back rejecting my appeal as: (a) statutory guidance is only guidance and the failure of a Council to follow it does not constitute grounds for appeal; (b) There is no legal requirement for signs warning of camera enforcement; and (c) the signage is approved under the RTRA 1984.

I want to appeal further to PATAS but just wondered whether you know of any other successful appeals or other grounds that I could appeal on?

Thanks so much in advance for your help.

Elle.

Offline The Bald Eagle

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Re: No more $CAMera cars at Southampton Way
« Reply #2 on: 08 May, 2012, 07:26:23 PM »
Hi Esinem,

I'm a newbie here and I hope you don't mind me messaging, but I received a PCN for parking in this bay on 21 January 2012 (by a $CAMera car). I had looked at the sign but obviously misread it as they took photos of me parking at 12.49pm (11 minutes before parking is allowed! I think I must have read it as not being allowed to park from 1 pm).

I saw this board and the posts by several forum members and then wrote a letter to Southwark Council appealing the ticket as (a) the PCN was issued by a CCTV camera contrary to statutory guidance which states that CCTV enforcement should only be used when where enforcement is difficult or sensitive and and CEO enforcement is not practical; (b) the signage is not legally compliant because there are no signs warning that CCTV enforcement is being carried out in the area; (c) the bay is not properly marked for its use (citing the Angol -v- Southwark Council case); and (d) that the wording on the sign is unclear and too high up for a driver to read (thought I'd just throw this is for good measure!).

I also noticed that when they sent me the PCN, they had not taken a picture of the sign, but just the pole the sign was on.

However, the Council wrote back rejecting my appeal as: (a) statutory guidance is only guidance and the failure of a Council to follow it does not constitute grounds for appeal; (b) There is no legal requirement for signs warning of camera enforcement; and (c) the signage is approved under the RTRA 1984.

I want to appeal further to PATAS but just wondered whether you know of any other successful appeals or other grounds that I could appeal on?

Thanks so much in advance for your help.

Elle.



Hi Elle and welcome

I have contacted Esinem and hopefully he will get back to you soon. Meanwhile, please keep your eye on the forum for suggestions from other members. E.g. there is a TPT case where the adjudicator allowed the appeal of another of our members (Dodgie) in Southend on the grounds that CCTV was used where a foot CEO could have been deployed. See these threads:

http://notomob.co.uk/discussions/index.php/topic,2094.msg17082.html#msg17082

http://notomob.co.uk/discussions/index.php/topic,2088.msg17056.html#msg17056


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Offline ElleWoods

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Re: No more $CAMera cars at Southampton Way
« Reply #3 on: 09 May, 2012, 01:43:52 PM »
Thanks very much Bald Eagle. You're all very welcoming and friendly on here - I really appreciate it.

Offline Monkey Girl

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Re: No more $CAMera cars at Southampton Way
« Reply #4 on: 09 May, 2012, 07:03:03 PM »
Welcome ElleWoods  :D

Offline Staps

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Re: No more $CAMera cars at Southampton Way
« Reply #5 on: 09 May, 2012, 08:10:31 PM »
Welcome welcome welcome stick around, you might just enjoy it  ;D

Offline Tom Tom Str

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Re: No more $CAMera cars at Southampton Way
« Reply #6 on: 10 May, 2012, 12:44:11 PM »
Hello and Welcome Elle !    :dancing:

Offline Kill Switch

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Re: No more $CAMera cars at Southampton Way
« Reply #7 on: 10 May, 2012, 12:54:26 PM »
Hi ElleWoods, welcome to the fun factory
A word to the wise ain't necessary - it's the stupid ones that need the advice


Offline ElleWoods

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Re: No more $CAMera cars at Southampton Way
« Reply #8 on: 14 May, 2012, 05:35:38 PM »
Thank you all for being so welcoming!

 


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