DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 39859--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 11:06 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO, most adjudicators would take the view that given the OP's
knowledge of their condition they should have these items to
hand - the substantive point being beyond the driver's control.
I can remember several years ago sitting in on a hearing on
exactly these issues, the driver/appellant even brought their
hessian bag with them and produced a bottle of what looked like
Lucozade. In the end the adjudicator found a flaw in an
unrelated element of the council's evidence.
>
> OP, do you hold a BB?
>
--- End Quote ---
No I don’t hold a BB. Having Type 1 diabetes doesn’t qualify me
to have a BB.
#Post#: 39866--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: H C Andersen
Date: October 8, 2024, 11:59 am
---------------------------------------------------------
We should see the PCN pl.
And are you the registered keeper with current DVLA details?
Sorry if this appears negative, but if it took 4-5 minutes to
walk to Sainsbury's then you could have returned before the CEO
clocked the car for the second time - after all they didn't
clock the car while it was still in your sight or you'd have
seen them.
The car was observed for 15 minutes and it's likely that even
accepting everything else an adjudicator would consider this
gave you adequate time to walk to Sainsbury's and return. There
was no imperative for you to consume anything while at
Sainsbury's or if your condition was so acute then IMO you
should have parked closer.
#Post#: 39867--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 12:13 pm
---------------------------------------------------------
PCN link has been attached in original post. The comment above
doesn’t appear to be negative. If have to forfeit and pay the
fine, then fair enough. Just a lesson learnt for me next time to
not do that again and to park in the right space.
#Post#: 39869--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: H C Andersen
Date: October 8, 2024, 12:21 pm
---------------------------------------------------------
As far as I can determine, the link goes to their response to
your unseen challenge, not the PCN itself.
#Post#: 39875--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 1:49 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> As far as I can determine, the link goes to their response to
your unseen challenge, not the PCN itself.
>
--- End Quote ---
On this basis, do I have a fair chance of escalating this?
#Post#: 39884--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: H C Andersen
Date: October 8, 2024, 3:21 pm
---------------------------------------------------------
We should see the PCN, pl repost.
#Post#: 39889--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 3:35 pm
---------------------------------------------------------
Sorry what do you mean by pl repost?
#Post#: 39892--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: stamfordman
Date: October 8, 2024, 3:51 pm
---------------------------------------------------------
Not repost - I don't think you've posted the PCN served on the
car?
It's disappointing that Hackney didn't cancel this but to get
them to do so at the next stage will need marshalling all the
facts and it may be they'll cancel second time owing to
persistence but not guaranteed but they will probably reoffer
the discount.
#Post#: 39894--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: fraser.mitchell
Date: October 8, 2024, 3:59 pm
---------------------------------------------------------
--- Quote from: T1help link ---
>
> [quote author=H C Andersen link=topic=3375.msg39869#msg39869
date=1728408065]
> As far as I can determine, the link goes to their response to
your unseen challenge, not the PCN itself.
>
--- End Quote ---
On this basis, do I have a fair chance of escalating this?
[/quote]
You have the right in law to take them to the adjudicators, but
under the process, you must first wait for a Notice to Owner,
and submit formal representations. Only when these are refused
can you appeal to the adjudicators. Note that appeals to
adjudicators mean the full PCN penalty is in play.
so far, what you have submitted and been refused on, is an
informal challenge to the PCN. So the next question is, are you
the owner and hold the V5C Registration Certificate for the car,
and is the address on that up-to-date ? The Notice to Owner is
sent to the keeper as recorded on the V5C.
#Post#: 39900--------------------------------------------------
Re: Hackney - Code 25 parked in a loading place, Kayani Avenue
DIR By: T1help
Date: October 8, 2024, 4:24 pm
---------------------------------------------------------
See attached PCN - had to get it from the Hackney website
HTML https://imgur.com/a/c94boFL
Yes, I am the registered keeper and owner of the car. I have the
V5c and the address is also up to date.
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page