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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 15746--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: fraser.mitchell
Date: February 15, 2024, 5:36 pm
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What is clear is that somebody in the council has realised that
the signs are rather confusing, and could have been done better,
but instead of altering the signs, they've decided to put up a
large sign explaining the signs below !
This is a rather strange restriction, in that it only permits
loading 7 am to mid day, with the rest of the time being no
parking or loading even overnight. The only thing allowed at
this bay at any time would be boarding/alighting passengers. A
point to make is that the large sign at the top is not a traffic
sign, only the signs below it are.
#Post#: 17106--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: ivanleo
Date: March 10, 2024, 5:28 pm
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[member=61]privates[/member] the restriction is not signed
properly, but if you were engaged in assisted alighting then it
hardly matters anyway as you have a defence in any event.
I see you challenged the PCN on the 20th so let us know when you
get a response.
#Post#: 19367--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: privates
Date: April 8, 2024, 7:37 pm
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--- Quote from: cp8759 link ---
>
> [member=61]privates[/member] the restriction is not signed
properly, but if you were engaged in assisted alighting then it
hardly matters anyway as you have a defence in any event.
>
> I see you challenged the PCN on the 20th so let us know when
you get a response.
>
--- End Quote ---
This is the response to the appeal I received today
HTML https://ibb.co/171b2S4
HTML https://ibb.co/tHtQRdr
#Post#: 19368--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: John U.K.
Date: April 9, 2024, 2:28 am
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Image too small to read :( So have posted BBcodes here.
HTML https://i.ibb.co/Jc4mZhJ/IMG-5071.jpg
HTML https://ibb.co/tHtQRdr
HTML https://i.ibb.co/Xj1VJwG/IMG-5073.jpg
HTML https://ibb.co/171b2S4
Have we seen your challenge? Then we can see how much he's
failed to consider it.
#Post#: 19383--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: privates
Date: April 9, 2024, 9:01 am
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I wish to challenge this penalty charge on the basis that the
contravention did not occur because I was engaged in boarding a
passenger to the vehicle under the assisted boarding exemption.
At the time of this penalty charge notice I was assisting my
disabled family member to board my car. The person concerned had
previously attended a consultation with Dr. Power, 37 Queensway,
London W2 4QJ, and due to a walking disability had gone to the
adjacent cafe to the surgery, to await my arrival. When I
arrived, I was only able to park the car on the opposite side of
the street to the cafe. This was also the closest place that
would have been safe for me to assist them from the coffee shop
to the car.
During the time from collecting my family memeber from the cafe,
and assisting him to the vehicle, the warden who had previously
issued the ticket had subsequently witnessed the situation. He
told me that he was not able to cancel the ticket because it was
printing already. He had then told me he will make an additional
note against the notes for the penalty charge and told me to
contact the number on the notice which I have done so, but the
official who took my call asked me to write an appeal and submit
this as verbal appeals are not acceptable.
I therefore request that this penalty charge to be cancelled on
the basis that boarding and alighting passengers is an exemption
to the restrictions in the parking bay. I will to this email
attach a witness statement signed.
This was the challenge I had sent through
#Post#: 19392--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: John U.K.
Date: April 9, 2024, 10:24 am
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Total failure to consider. If it were me, I'd wait fopr the NtO
and make the same reps, add ing supporting evidence from the
passenger of the doctor's appointment, but see what the experts
here say.
#Post#: 19403--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: ManxTom
Date: April 9, 2024, 12:55 pm
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--- Quote from: John U.K. link ---
>
> Total failure to consider. If it were me, I'd wait fopr the
NtO and make the same reps, add ing supporting evidence from the
passenger of the doctor's appointment, but see what the experts
here say.
>
--- End Quote ---
I think somebody earlier in the thread made the mistake of
thinking Dr Power is a medical doctor.
I don't think that's what Dr Power is...
HTML https://drvspower.co.uk/
(The OP repeated the error by copying the suggested reps
verbatim - even though they must have known there was no
"consultation" and no surgery)
[Edit: no criticism intended of the original error. I suspect
it was caused because the OP was unclear as to what "Dr Power"
actually was and they didn't bother to correct the obvious
misunderstanding in the suggested reps]
#Post#: 19500--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: privates
Date: April 11, 2024, 6:40 am
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--- Quote from: ManxTom link ---
>
> [quote author=John U.K. link=topic=1312.msg19392#msg19392
date=1712676244]
> Total failure to consider. If it were me, I'd wait fopr the
NtO and make the same reps, add ing supporting evidence from the
passenger of the doctor's appointment, but see what the experts
here say.
>
--- End Quote ---
I think somebody earlier in the thread made the mistake of
thinking Dr Power is a medical doctor.
I don't think that's what Dr Power is...
HTML https://drvspower.co.uk/
(The OP repeated the error by copying the suggested reps
verbatim - even though they must have known there was no
"consultation" and no surgery)
[Edit: no criticism intended of the original error. I suspect
it was caused because the OP was unclear as to what "Dr Power"
actually was and they didn't bother to correct the obvious
misunderstanding in the suggested reps]
[/quote]
That is correct. Dr. Power is the name of the coffee shop in
which we had attended. I hadn't noticed the first part of the
appeal mentioning the 'surgery' but in the second paragraph of
appeal the cafe is mentioned
#Post#: 19697--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: ivanleo
Date: April 14, 2024, 3:17 pm
---------------------------------------------------------
--- Quote from: ManxTom link ---
>
> [Edit: no criticism intended of the original error. I
suspect it was caused because the OP was unclear as to what "Dr
Power" actually was and they didn't bother to correct the
obvious misunderstanding in the suggested reps]
>
--- End Quote ---
I would suggest anyone drafting representations should check the
basic facts. If someone is drafting reps based on boarding /
alighting to a doctor's surgery, the person drafting the
suggested reps should go onto google maps and check the distance
between the place where the vehicle was parked and the doctor's'
surgery to ensure the reps are credible, such basic checks would
have highlighted in this case that there is no doctor's surgery.
If this ends up at the tribunal an explanation will be needed,
which will unfortunately mean throwing the author of the
suggested reps under the bus (by basically just telling the
adjudicator that said author drafted the representations without
checking the facts); this is unfortunate but it's better that we
hold our hands up and win rather than overlook the issue and
make the adjudicator suspicious as to what's going on or worse
make him doubt the OP's credibility.
[member=61]privates[/member] let us know when you get the NTO
please.
#Post#: 20546--------------------------------------------------
Re: Parked or loading in restricted street
DIR By: privates
Date: April 24, 2024, 5:56 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=ManxTom link=topic=1312.msg19403#msg19403
date=1712685340]
> [Edit: no criticism intended of the original error. I
suspect it was caused because the OP was unclear as to what "Dr
Power" actually was and they didn't bother to correct the
obvious misunderstanding in the suggested reps]
>
--- End Quote ---
I would suggest anyone drafting representations should check the
basic facts. If someone is drafting reps based on boarding /
alighting to a doctor's surgery, the person drafting the
suggested reps should go onto google maps and check the distance
between the place where the vehicle was parked and the doctor's'
surgery to ensure the reps are credible, such basic checks would
have highlighted in this case that there is no doctor's surgery.
If this ends up at the tribunal an explanation will be needed,
which will unfortunately mean throwing the author of the
suggested reps under the bus (by basically just telling the
adjudicator that said author drafted the representations without
checking the facts); this is unfortunate but it's better that we
hold our hands up and win rather than overlook the issue and
make the adjudicator suspicious as to what's going on or worse
make him doubt the OP's credibility.
[member=61]privates[/member] let us know when you get the NTO
please.
[/quote]
I have today received the NTO
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