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#Post#: 17204--------------------------------------------------
Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: March 13, 2024, 4:58 am
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Hello,
The driver had parked as the child was feeling ill and wanted to
throw up. The driver exited the car to see if her child had
thrown up and to provide some water. In the meantime, the
parking attendant (very trickily whilst looking elsewhere) took
the pictures and he was in such a rush to take the pictures that
he had not filled the column on the PCN where he had to mention
the colour of the car. The pictures he took are very blurred
(even the number plate is not clear) showing the intention and
cruelty of the parking warden. The warden did not want to listen
to anything when spoken to.
Please see photos:
HTML https://ibb.co/8MMWZNt
HTML https://ibb.co/zRB1CC6
HTML https://ibb.co/CPfgdd3
HTML https://ibb.co/hXVqbBK
HTML https://ibb.co/7SkW066
HTML https://ibb.co/pZx8c49
HTML https://ibb.co/vZNGst8
Thank you in advance.
#Post#: 17209--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: taffer87
Date: March 13, 2024, 5:28 am
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unfortunately pavement parking in London is prohibited generally
except where specifically allowed - no observation time is
needed and what you describe are mitigating circumstances which
won't stand at tribunal stage
Worth writing informal challenge to the council in the discount
window of course
lets see if someone here can find technical issues
Plz post both sides of PCN
#Post#: 17218--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: March 13, 2024, 8:25 am
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Thank you. Below is the 2nd part of the PCN.
HTML https://ibb.co/nrMh8tY
[attachment deleted by admin]
#Post#: 17247--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: March 14, 2024, 4:15 am
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So basically there is no courtesy from the warden's side to ask
the driver to leave as the car was manned?
#Post#: 17251--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: fraser.mitchell
Date: March 14, 2024, 4:33 am
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--- Quote from: Sonu rocks link ---
>
> So basically there is no courtesy from the warden's side to
ask the driver to leave as the car was manned?
>
--- End Quote ---
Courtesy ? That disappeared 30 years ago when councils realised
they had been given a Magic Money Tree ! Parking enforcement now
concentrates 95% on getting the money in, with traffic
management 5%. Back in the day, when we had Traffic Wardens who
came under police control, you'd have been asked to move on, no
doubt about it. The key difference then was that all parking
fines went to the government, the police did not receive any of
the fines money.
#Post#: 17253--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: March 14, 2024, 5:08 am
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So I have no grounds apart from paying the pcn?
#Post#: 17257--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: fraser.mitchell
Date: March 14, 2024, 6:47 am
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--- Quote ---
> So I have no grounds apart from paying the pcn?
--- End Quote ---
Well, you don't seem to have any of the statutory grounds for
PCN cancellation, but that doesn't mean you shouldn't submit
representations to the council. These would be based on your
narrative in your first post. They will inevitably refuse these,
but may make a fatal error in their response that then gives you
grounds for cancellation. One of the statutory grounds is
"procedural impropriety", meaning they have not followed the
enforcement procedure laid down in the Act and its associated
regulations.
So I would submit reps. If you submit these within the discount
period they will re-offer it.
#Post#: 17289--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: March 15, 2024, 7:10 am
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Thank you. I have appealed so let's wait for their response.
#Post#: 17290--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Hippocrates
Date: March 15, 2024, 7:21 am
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--- Quote from: Sonu rocks link ---
>
> Thank you. I have appealed so let's wait for their response.
>
--- End Quote ---
I would add this supplementary point to test their response:
The wording of the PCN in terms of the 28 days period is wrong
since it does not comply with Schedule 2 para. 2 @
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the alleged contravention
occurred,
In light of this procedural impropriety please cancel the PCN.
*******
PM sent.
#Post#: 18302--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: ivanleo
Date: March 25, 2024, 6:06 pm
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[member=828]Sonu rocks[/member] please show us exactly what you
sent, and any response you get from the council.
Do not give up and pay if they reject, there is an exemption in
section 15(3)(b) of the Greater London Council (General Powers)
Act 1974
HTML https://www.legislation.gov.uk/ukla/1974/24/section/15
for (my
emphasis):
[indent]
the purpose of saving life or extinguishing a fire or meeting
any other emergency
[/indent]
If a child is ill and vomiting that's enough of an emergency to
cause most drivers to stop and render assistance, or so I would
have thought.
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