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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 28535--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 3, 2024, 2:39 pm
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--- Quote from: H C Andersen link ---
>
> OP, and while the NTO is working its way through the system,
pl get your friend to re-order the issues to present a timeline
pl.
>
> I live with my wife in ****;
> Her mother, who is severely disabled, lives in *** with ****
as a carer;
> On *** my wife received a phone call/message from *** to the
effect that ****;
> We immediately drove to *** and parked in *** which is where
my MIL lives;
> My wife holds a BB, however in our rush we forgot to display
this;
> The situation in my MIL's house was **** and we stayed for ***
until ***.
>
>
> I won't offer a view on whether and for how long a BB would
exempt the driver in this bay, others will comment. However,
what's clear is that if on display it exempted the holder from
the parking restriction without limit then this is strong
mitigation. But if even on display it wouldn't exempt the holder
from the time limit then its display is neither here nor there
because the car was in situ for more than 1 hour. I think it's
necessary to decide what emphasis to place on the BB compared to
mitigating factors regarding the purpose of the visit and the
situation you found. IMO it works to your advantage that the BB
was not yours because if your wife's disability meant that if
she was left with your MIL she would be of little assistance
then you could hardly have left them in order to move your car
out of prospective contravention.
>
> I think we need a full set of facts beginning before you
parked in order to work out where your main line(s) of defence
might lie and how to present these to maximum effect.
>
--- End Quote ---
I live with my wife in Blackburn
His mother, who is severely disabled, lives in Preston on her
own, who as carers visit 5 times a day and the other son and
daughter in law who lives nearby went to London for the weekend.
On the Morning myself received a phone call/message from the
carer to the effect that your Mum had a fall and would not get
up and had to call in the Emergency rapid response team.
We immediately drove to Preston and parked in Hurry which is
where my mother lives;
My wife holds a BB, however in our rush we forgot to display
this, as we just parked and rushed out in Emergency to go into
the house.
The situation in my mother house was emergency and we stayed
there for 4 Hours until we got her safe and comfortable and she
had to be carried to the shower room to be cleaned up.
Then we had to feed her and gave her medications.
Due to Dementia she would not listen or cooperate and this is
why the Son and Daughter in law had to come to help and their
time took up, lifting the old person from floor to bed and it
can take up so much time with old people with so many illnesses.
Then it was a mission getting her up trying to take her to the
shower room, as she was scared of standing up or sitting down
due to fear of falling and this is how dementia reacts.
His wife Not well herself, as she has Depression and she can be
like a dormant person depending on mood swings and takes
medication.
BB you can park as long as you like on the Limited Bay, as there
is no time limit if you have the BB displayed.
#Post#: 28689--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 4, 2024, 3:24 pm
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Do i need to wait till 28 days from the PCN date , which was
29/06/2024, so 27/07/2024 will be 28th Day and the discount will
end on the 14/07/2024.
So the notice to owner will only submitted after 28 days from
the Parking services.
My friend was asking can he send a reply earlier to parking
services by email instead of waiting for the Notice to owner.
HTML https://i.imgur.com/po1pIuF.jpeg
HTML https://i.imgur.com/c8WGPl2.jpeg
#Post#: 28696--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: fraser.mitchell
Date: July 4, 2024, 3:56 pm
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Well, he can, but it is almost certain they will just tell him
to wait for the Notice to Owner. I'm afraid that going outside
the statutory process can end in disaster.
I assume he wants to take the matter further and not pay the
offered discount.
#Post#: 28703--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: H C Andersen
Date: July 5, 2024, 3:11 am
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OP, thank you.
As per others, I suggest waiting for the NTO and in the meantime
assemble whatever evidence there is in support of the account.
#Post#: 28735--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 5, 2024, 9:25 am
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Thank you for your reply.
I think he wanted to reply earlier to avoid losing the
discounted rate.
He said he has already explained to the parking services which
they rejected and he is being reluctant they might reject it
again when he gets NTO.
I will ask him again, to wait for the NTO ,as this time it will
go to more senior people may get cancelled.
But he has the same explanation, unless parking services comes
and visit the elderly person then they will understand,
otherwise sat in the office chair, they don't see the reality
how struggle it is here on this section of the road for Parking
for picking and dropping off Vulnerable Passenger. This limited
Bay you are very lucky to find parking space, as usually it is
always occupied and majority of the space is always occupied by
the opposite residents with BB.
#Post#: 28737--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: H C Andersen
Date: July 5, 2024, 9:44 am
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As posted earlier by cp:
If your friend waits for the notice to owner and then make a
representation within 14 days of the date of issue, then the
discount is almost invariably reoffered, so there is limited
risk in carrying on; and formal representations are often given
more thorough consideration by a more senior officer.
When did you park?
I ask because of your last post:
they don't see the reality how struggle it is here on this
section of the road for Parking for picking and dropping off
Vulnerable Passenger. This limited Bay you are very lucky to
find parking space, as usually it is always occupied and
majority of the space is always occupied by the opposite
residents with BB.
Let's no lose sight of 'assisted alighting' in the first
instance - simply helping the BB passenger from the car to the
property is permitted and their detailed knowledge of the area
based upon previous experience as in 'we had visited my MIL on
numerous previous occasions and targeted this parking place
because it's near her property, although it's still pot-luck
whether one is likely to find a space...'
This is NOT about writing legalese, in fact IMO least is best,
it's about a compelling argument which IMO flows from a guided
personal account.
#Post#: 28765--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 5, 2024, 2:27 pm
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It was parked at 08:45am on the Day and moved at 12:30pm.
He was saying from the last post, as his brother lives there and
he always says there is a parking problem here , it has 6
parking spaces, there is medical centre (very busy with Patients
and Deliveries) , Dominoes (Dominoes drivers, staff and
Customer), Barber Shop Customers, Mini market shop, all above
the shop is rented out as flat (all have cars per room), so they
all have cars and then opposite residents has double yellow
lines and there is 15 Houses , so they all want to park here and
the limited bay is now parked more than ever and lot of people
use the BB, so they don't need to move the car and which is not
helpful on the limited bay side where cars are parked and not
being moved and effecting the vulnerable people who lives on
this side to get in the car safely. This Limited bay is majority
always occupied by BB and you never see the BB person, as the
family member use it long stay parking.
He said it was reported to the councillor to sort out, but the
council are not willing to do anything about it. They have very
wide footpath on the opposite side, but wont do anything to make
parking bay, or footpath parking by marking bays, as they are
not interested at all, so then they don't need to park on our
side , which would help a great deal.
I will try a get a letter drafted and post it here for your
opinion which you mentioned about the assisted alighting.
#Post#: 28775--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: H C Andersen
Date: July 5, 2024, 4:13 pm
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Thanks. The time gap means that assisted alighting doesn't apply
because the PCN was issued 2 hours after the car was parked.
#Post#: 28953--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: ivanleo
Date: July 7, 2024, 12:13 pm
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--- Quote from: cyril link ---
>
> I think he wanted to reply earlier to avoid losing the
discounted rate.
>
--- End Quote ---
Tell your friend to stop worrying about the discounted rate. As
long as the NTO is challenged within 14 days, the discount will
almost certainly be reoffered anyway.
#Post#: 29496--------------------------------------------------
Re: Penalty Charge Notice for the reason of Contravention code
30 and parked for longer than permitted.
DIR By: cyril
Date: July 11, 2024, 7:46 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Thanks. The time gap means that assisted alighting doesn't
apply because the PCN was issued 2 hours after the car was
parked.
>
--- End Quote ---
Noted and thanks so Assisted Alighting wont work in this
instance, as it was 2 hours gap
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