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#Post#: 26195--------------------------------------------------
PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: cesur
Date: June 15, 2024, 5:18 pm
---------------------------------------------------------
Hello all,
My wife parked our car on double yellow lines during a school
run for less than 5 minutes. We received a PCN on the
windscreen. I wanted to hear thoughts about how to fight
against this PCN first.
PCN and evidence:
HTML https://photos.app.goo.gl/K7Mm2cYg6GR6n5K46
Location:
HTML https://maps.app.goo.gl/ge8kStL7mp1w4j5j8
#Post#: 26214--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: fraser.mitchell
Date: June 15, 2024, 7:16 pm
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--- Quote ---
> during a school run for less than 5 minutes.
--- End Quote ---
Please give us a full narrative on what this involved.
Boarding/alighting passengers is an exemption to the DYLs.
#Post#: 26223--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: cesur
Date: June 16, 2024, 1:41 am
---------------------------------------------------------
She parked temporarily to drop off child to the school across
the road and returned to move the car in 5 minutes.
#Post#: 26229--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: fraser.mitchell
Date: June 16, 2024, 4:11 am
---------------------------------------------------------
--- Quote from: cesur link ---
>
> She parked temporarily to drop off child to the school across
the road and returned to move the car in 5 minutes.
>
--- End Quote ---
OK, fine, but what age is the child ? This looks like an
"assisted boarding" case where you have to accompany a child to
the school, but it must be necessary. Do you have to make sure
your child is received by somebody at the school ?
Other thing is - why park on the double-yellows when there seems
a lot of unrestricted street near the school ?
HTML https://maps.app.goo.gl/fRDptVUemhwckGen7
All of this is to make sure your representations are
bulletproof, if it gets to adjudication at London Tribunals.
#Post#: 26327--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: ivanleo
Date: June 16, 2024, 4:03 pm
---------------------------------------------------------
[member=2014]cesur[/member] as it's a primary school on the
other side of the road the likelihood is that the age of the
child is low enough to qualify for assisted alighting, but
please confirm the child's age and we'll draft something for
you.
#Post#: 26356--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: cesur
Date: June 16, 2024, 5:59 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [member=2014]cesur[/member] as it's a primary school on the
other side of the road the likelihood is that the age of the
child is low enough to qualify for assisted alighting, but
please confirm the child's age and we'll draft something for
you.
>
--- End Quote ---
Hi, the child is 7 years old.
#Post#: 26357--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: cesur
Date: June 16, 2024, 6:04 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=cesur link=topic=2238.msg26223#msg26223
date=1718520117]
> She parked temporarily to drop off child to the school across
the road and returned to move the car in 5 minutes.
>
--- End Quote ---
OK, fine, but what age is the child ? This looks like an
"assisted boarding" case where you have to accompany a child to
the school, but it must be necessary. Do you have to make sure
your child is received by somebody at the school ?
Other thing is - why park on the double-yellows when there seems
a lot of unrestricted street near the school ?
HTML https://maps.app.goo.gl/fRDptVUemhwckGen7
All of this is to make sure your representations are
bulletproof, if it gets to adjudication at London Tribunals.
[/quote]
Yes, we need to make sure the child is received by the school.
Yes, all unrestricted areas are full of parent cars. The wife
probably feared daughter could be late to school if she parked
further away on an unrestricted street.
#Post#: 26360--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: ivanleo
Date: June 16, 2024, 6:25 pm
---------------------------------------------------------
[member=2014]cesur[/member] here is a draft informal
representation:
[indent]
Dear London Borough of Bexley,
I challenge liability on the ground that the alleged
contravention did not occur. At the time in question my wife was
dropping off our seven year old daughter to school, therefore
the vehicle was not parked but was momentarily stopped so allow
assisted alighting of a vulnerable road user.
As soon as our daughter was safely handed over to the school, my
wife returned to the car and departed without delay.
As the restriction in question is a waiting restriction and not
a stopping restriction, no contravention occurred and the PCN
must be cancelled.
Yours faithfully,
[/indent]
Send this via the council website and keep a screenshot of the
confirmation page. The council will likely send you a fob-off
rejection, but as long as you stick it out to the tribunal I
don't see how you could lose, especially given the complete lack
of any observation time.
#Post#: 26363--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: fraser.mitchell
Date: June 16, 2024, 6:33 pm
---------------------------------------------------------
OK, so you now need to submit an informal challenge to the PCN:
-
-------------------------------------------------------------------------------------------------------------------
Dear <council name> parking department
Re PCN <PCN Number> dated <date of PCN> - Parked in a restricted
street during prescribed hours
The alleged contravention did not occur, because I parked in
order to escort my 7 year old (son/daughter), to his/her school
opposite where I parked.
I therefore request that the PCN be cancelled.
Yours faithfully
------------------------------------------------------------------------------------------------------------------
There is no need for any detailed description, because this is
an informal challenge, so you will inevitable receive their
usual Fob-Off letter. Post their response when you receive it.
Others may suggest different reps on the same lines.
cp8759's draft is better, so use his.
#Post#: 26410--------------------------------------------------
Re: PCN at double yellow line on Iris Avenue in Bexleyheath
DIR By: cesur
Date: June 17, 2024, 6:53 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [member=2014]cesur[/member] here is a draft informal
representation:
>
> [indent]
> Dear London Borough of Bexley,
>
> I challenge liability on the ground that the alleged
contravention did not occur. At the time in question my wife was
dropping off our seven year old daughter to school, therefore
the vehicle was not parked but was momentarily stopped so allow
assisted alighting of a vulnerable road user.
>
> As soon as our daughter was safely handed over to the school,
my wife returned to the car and departed without delay.
>
> As the restriction in question is a waiting restriction and
not a stopping restriction, no contravention occurred and the
PCN must be cancelled.
>
> Yours faithfully,
> [/indent]
>
>
> Send this via the council website and keep a screenshot of the
confirmation page. The council will likely send you a fob-off
rejection, but as long as you stick it out to the tribunal I
don't see how you could lose, especially given the complete lack
of any observation time.
>
--- End Quote ---
Thanks. Portal appeal information page doesn't open, keeps
redirecting. Once this is sorted I will appeal. Sent an email to
council about the issue.
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