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#Post#: 26541--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: fraser.mitchell
Date: June 18, 2024, 5:34 am
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I think you need to emphasise the heavy nature of the goods you
were unloading. Also emphasise that you were within the house
and gardens the whole time if any difficulties arose. Be
apologetic and say you tried to leave some space for pedestrians
to pass, but clearly this was not totally satisfactory.
Main thing is not to just pay-up now; submit reps and see what
they say. Post their response when you get it.
#Post#: 26654--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: ivanleo
Date: June 18, 2024, 7:10 pm
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[member=210]dk007[/member] did you submit something? If so,
please show us what you sent.
#Post#: 26856--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: dk007
Date: June 20, 2024, 4:06 am
---------------------------------------------------------
Hi, Yes, I did, This is what I wrote in my representation:
There was building work going in the house and the driveway was
blocked from the back side so the vehicle could not go fully
towards the main house. This can easily be seen that building
material was lying on the driveway in the pictures that
Enforcement officer has taken, I was only unloading some heavy
items like plastering sand, screed and cement bags which were
very heavy. I would like to emphasise that I was within the
house and gardens the whole time if any difficulties arose. I
did leave some space for pedestrians to pass but clearly this
was not totally satisfactory. My sincere apologies for parking
like this and it will not be repeated in future. Kindly allow my
appeal.
--- Quote from: cp8759 link ---
>
> [member=210]dk007[/member] did you submit something? If so,
please show us what you sent.
>
--- End Quote ---
#Post#: 26861--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: fraser.mitchell
Date: June 20, 2024, 4:43 am
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There is an exemption to the 70s Act banning off-carriageway
parking if the loading could not be undertaken in any other way.
However the vehicle must be attended at all times. "Attended" is
not defined, but from your narrative, I think you would qualify
for this exemption, what with the weight and bulk of the goods.
The only downside is that if the council refuse this, you'd have
to take them to London Tribunals.
#Post#: 27219--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: ivanleo
Date: June 23, 2024, 5:43 am
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It's previously been held that "Attended" means within earshot,
if dk007 was inside the house and out of sight I don't think
that would qualify. On the facts the contravention looks made
out, so we'd need a procedural impropriety to win this at the
tribunal. Still, as long as you challenge the NTO within 14 days
the discount should be reoffered, so it makes sense to take it
that far and evaluate your chances once you have a formal notice
of rejection.
#Post#: 27244--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: H C Andersen
Date: June 23, 2024, 7:47 am
---------------------------------------------------------
OP, let's be clear about these events pl.
The vehicle was carrying a load.
The intended location for this load was inside your house or
beyond and you had to carry through the house.
Was the vehicle fully unloaded when the CEO issued the PCN?
If not, then one would expect the CEO's notes to show this
because you would have shown them the remaining load, not just
told them what you were doing.
The alternative - that you had completed unloading- and that the
CEO's observations and serving of the PCN coincidentally
occurred during your last trip might stretch an adjudicator's
belief envelope.
#Post#: 33984--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: dk007
Date: August 21, 2024, 12:59 am
---------------------------------------------------------
Hi, My representation was rejected and letter though dated
27/06/24 only arrived last week, I don't think I have the postal
envelope to verify this. I have also received NTO couple of
weeks back but could not get to post it here. I am posting both
the letters here for your review and advice.
NTO:
HTML https://imgur.com/a/IVPtAi4
HTML https://imgur.com/a/7tZU6PR
HTML https://imgur.com/a/PjXmkbt
HTML https://imgur.com/a/t0zw7QP
Rejection Letter:
HTML https://imgur.com/a/q4wNaFR
HTML https://imgur.com/a/1bW6fKJ
HTML https://imgur.com/a/4dqALZk
Many Thanks
#Post#: 33985--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: dk007
Date: August 21, 2024, 1:05 am
---------------------------------------------------------
My replies below:
--- Quote from: H C Andersen link ---
>
> OP, let's be clear about these events pl.
>
> The vehicle was carrying a load.
>
> The intended location for this load was inside your house or
beyond and you had to carry through the house. -- Rear Garden,
so had to carry it through the house.
>
> Was the vehicle fully unloaded when the CEO issued the PCN?
--No
>
> If not, then one would expect the CEO's notes to show this
because you would have shown them the remaining load, not just
told them what you were doing. - He ignored anything I said
and said, it is too late now.
>
> The alternative - that you had completed unloading- and that
the CEO's observations and serving of the PCN coincidentally
occurred during your last trip might stretch an adjudicator's
belief envelope.
>
--- End Quote ---
#Post#: 34428--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: dk007
Date: August 23, 2024, 6:07 pm
---------------------------------------------------------
Hello Experts,
Any advice on what to do next on this one please? I might be
reaching deadline for this.
Thanks
#Post#: 34433--------------------------------------------------
Re: Hillingdon, Code 62, pcn on driveway with one or more wheels
on the footpath, Birchway Hayes
DIR By: H C Andersen
Date: August 24, 2024, 5:04 am
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???
You received a NTO dated 26 July which you posted here on 21
August.
The latest date for making formal reps against the NTO is TODAY.
Did you make reps when you received the NTO?
The letter you've posted is their response to your informal reps
and nothing to do with matters now.
Get online, make formal reps(assuming the NTO is addressed to
you) citing grounds of:
Procedural impropriety;
Contravention did not occur.
Procedural impropriety:
NTO was not posted on the date it was issued, 26 July being a
Bank Holiday. This is contrary to regulation 20(3)(a) of the
General Regs 2022.
Contravention did not occur:
I was unloading, which is an exemption from the prohibition(not
mitigating circumstances but an exemption) and this could not
otherwise have been performed. ***** expand on this with your
own words.
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