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#Post#: 26565--------------------------------------------------
Islington, code 16 Parked without valid permit, Magdala Avenue
DIR By: elucidate
Date: June 18, 2024, 9:46 am
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Hello everyone,
This windscreen PCN was placed on my father's vehicle when he
went for a hospital appointment at Whittington. I am posting
here on his behalf because he isn't computer-literate nor has
good command of English.
As my mother was accompanying him, he used her blue badge in a
disabled bay that he thought was okay to use. He clearly
displayed the disabled badge and the time wheel on the dash, and
the CEO had taken photos of them. However, my father didn't
realise that the disabled bay was a dedicated bay which is
reserved for a specific disabled permit holder. The code 16 PCN
was thus issued.
PCN & CEO images:
HTML https://photos.app.goo.gl/2Vfw89Uoj6QpMDsG6
Any advice?
#Post#: 26632--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: fraser.mitchell
Date: June 18, 2024, 5:26 pm
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I had a look on GSV, but its latest view is June 2022, and this
bay is not there, so it is clearly a later addition. There is a
sign by the bay, which will give the bay conditions, but it
can't be read on your photo. Did your father look at the sign ?
The words on it should state that it is for BB holders, who also
have a permit of the code shown on the carriageway text. If the
sign and the carriageway text contradict each other, he has a
strong case.
We always recommend that PCN recipients submit representations
against a PCN, even though it may seem they are bang-to-rights
from the presented evidence. As a BB holder, you should be dealt
with more sympathetically. HOwever, before you submit reps,
would it be possible for you to take photos of the bay, in
particular the bay sign, as this will influence how you format
your representations. Also wait for others to comment. If reps
are received by the council within the discount period, they
will re-offer the discount if they reject those reps.
#Post#: 26780--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: ivanleo
Date: June 19, 2024, 1:59 pm
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[member=1498]elucidate[/member] please read the guidance here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>and re-post the PCN without any redactions.
Also please give us a link to the exact spot on google street
view. The last two cases I've had where I've dealt with one of
these "special" blue badge bays, it turned out the traffic order
didn't exist at all.
#Post#: 26832--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: elucidate
Date: June 19, 2024, 7:37 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [member=1498]elucidate[/member] please read the guidance here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>and re-post the PCN without any redactions.
>
> Also please give us a link to the exact spot on google street
view. The last two cases I've had where I've dealt with one of
these "special" blue badge bays, it turned out the traffic order
didn't exist at all.
>
--- End Quote ---
My apologies for redacting the PCN number. Here is the PCN
unredacted:
HTML https://photos.app.goo.gl/z7Ym1554VuwPJaco6
And here is the exact GSV location:
HTML https://maps.app.goo.gl/gb467icdkzijQNGj9
#Post#: 26839--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: H C Andersen
Date: June 20, 2024, 1:41 am
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The road markings and intra-bay markings are a bit out (and I
think the sign's wording is a bit misleading) but this won't be
a winning defence IMO.
IMO, the key issue is that the ISA wheelchair symbol is NOT on
the traffic sign and this is perfectly correct because it is
pure and simple a permit parking bay reserved for permit XXX*.
The fact that one of the council's qualifying criteria for this
permit is that the person must hold a BB is neither here nor
there, after all for most permits one of the qualifying criteria
is that the person must be a resident, but this doesn't mean
their address is included on the traffic sign or painted on the
road!
Let's hope the skew-whiff signage and markings are indicative of
sloppy council procedures and that there isn'ta traffic order
which supports the bay as configured.
*-the driver mistook 'disabled permit' for 'disabled badge
holder'. Personally I don't like the inclusion of 'disabled'
because it's pure and simple a permit, but I can't see this
trumping the absence of the wheelchair symbol.
#Post#: 27122--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: ivanleo
Date: June 22, 2024, 9:04 am
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The traffic order is The Islington (Charged-For Parking Places)
Order (Consolidation) 2023
HTML https://www.islington.gov.uk/-/media/sharepoint-lists/public-records/transportandinfrastructure/parking/2023-consolidation-order/made-orders/charged-pps.pdf<br
/>and the map tile is here
HTML https://www.islington.gov.uk/~/media/Sharepoint%20Lists/Public%20Records/Transportandinfrastructure/Parking/TMO%20webpage/Map%20tiles/Individual%20pages/J2.
Council photos:
HTML https://i.imgur.com/s4y5ZfK.png
HTML https://i.imgur.com/pmzuNPK.png
HTML https://i.imgur.com/moyeXqw.png
HTML https://i.imgur.com/mHs6ZbX.png
HTML https://i.imgur.com/8KqUZ99.png
HTML https://i.imgur.com/ma5y37g.png
HTML https://i.imgur.com/j4QiVBT.png
HTML https://i.imgur.com/N1t7CfQ.png
HTML https://i.imgur.com/y1QYSdy.png
HTML https://i.imgur.com/9wGlytP.png
HTML https://i.imgur.com/UXnZDXP.png
HTML https://i.imgur.com/v6i31Kn.png
HTML https://i.imgur.com/pn9Evi4.png
HTML https://i.imgur.com/F20O2xj.png
I think a contrite plea for discretion is going to be the best
approach here but I need to check a couple of things first. Did
you father look for / check the sign? If so, what did he think
it meant / why did he misunderstand it? Has you father ever come
across a dedicated disabled bay before?
#Post#: 28242--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: elucidate
Date: July 1, 2024, 5:37 pm
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--- Quote from: cp8759 link ---
>
> I think a contrite plea for discretion is going to be the best
approach here but I need to check a couple of things first. Did
you father look for / check the sign? If so, what did he think
it meant / why did he misunderstand it? Has you father ever come
across a dedicated disabled bay before?
>
--- End Quote ---
I'm sorry for not running it by you first but by the time I got
round to your post, the official discount period had already run
over but they hadn't yet increased the charge so, before it got
too late, a contrite plea was sent with the following words:
--- Quote ---
> I do not dispute the occurrence of the contravention. However
there are some mitigating circumstances which I hope you will
consider as reason to cancel the PCN. On the day in question, I
had an appointment at the nearby Whittington Hospital for
gallstone removal. The gallstones had been a cause of severe
pain for me for some time now and, along with me being at the
age of 72, I am sure you would appreciate I was quite anxious
about the surgery. My wife therefore accompanied me to the
hospital and I used her blue badge to park at the location in
question. English is not my first language. I am writing this
challenge to you via my son's translation. He had told me the
night before that there are plenty of bays around the hospital
where I can park, and when I saw that the place I parked had
"Disabled" written on the signplate and the road, I did not
think there would be a problem. On all the occasions where I
have travelled with my wife anywhere, this is the first time I
have come across this phenomenon. Although the surgery itself
had some temporary side effects, the surgery gave me a sense of
relief that I will not suffer from gallstone pain anymore.
Finding the PCN on my vehicle removed that sense of relief from
me. I am a retired pensioner who is currently on recovery from
surgery and I have a disabled wife at home. Recently, carers
have started to attend my home 4 times a day. This PCN is
causing me severe distress on top of my situation I would kindly
request you to grant me some alleviation by cancelling this PCN.
I will not make the same error again. To help you in your
decision, I attach a PDF of my hospital appointment letter, and
also a copy of his pre-assessment notes. I look forward to
hearing from you soon.
--- End Quote ---
And they rejected
HTML https://1drv.ms/b/s!AhJd2Q4uph3xgdQBxRuHi4SIFdMY2g?e=WZO5nx
it
quite speedily.
Is there any chance the NTO will arrive before the end of the
discount period?
#Post#: 28255--------------------------------------------------
Re: Islington, code 16 Parked without valid permit, Magdala
Avenue
DIR By: ivanleo
Date: July 1, 2024, 6:41 pm
---------------------------------------------------------
--- Quote from: elucidate link ---
>
> I'm sorry for not running it by you first but by the time I
got round to your post, the official discount period had already
run over but they hadn't yet increased the charge so, before it
got too late, a contrite plea was sent with the following words:
>
--- End Quote ---
No need to apologise, that was sensible.
--- Quote from: elucidate link ---
>
> Is there any chance the NTO will arrive before the end of the
discount period?
>
--- End Quote ---
It doesn't work like that, the NTO demands the full penalty so
they cannot serve it during the discount period. However if you
challenge the NTO within 14 days of the date of issue and they
reject again, they will also reoffer the discount for a further
14 days.
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