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#Post#: 40042--------------------------------------------------
Lewisham, code 25 (loading), Wearside Road
DIR By: Feline_Foxy
Date: October 9, 2024, 3:07 pm
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Last month I bought a rug from a carpet shop in Lewisham.
Because the rug was large & heavy when rolled up, I went & got
the car and parked in the loading bay in front. I went in to
get it and one of the carpet shop guys helped me carry it out &
load it into my car. Definitely ‘loading’. However by the time
we got to the car with it, I had a ticket. Contravention 25
“Parked in a loading place during restricted hours without
loading”
I appealed the PCN. In my appeal, I explained I was loading.
The carpet shop wrote me a note to confirm that I was indeed
collecting a rug, which I attached. It was not an invoice
because I paid cash in hand (shh) but the manager gave his name
and confirmed that they can call him at the carpet shop to
confirm. I therefore wrote in my appeal that Lewisham Council
are welcome to call the carpet shop to confirm this, and I
attached one of their business cards.
However I have received a rejection, which says:
I have noted your comments and investigated the evidence
gathered by the Civil Enforcement Officer (CEO) at the time of
the contravention. I am satisfied that the PCN was issued
correctly and there are no grounds for the cancellation of it.
This letter is issued as a rejection of your challenge.
I understand you stated you were loading/unloading when the
contravention took place.
I have noted your comments and proof. I can advise that the PCN
was issued as the vehicle was seen parked in a loading bay
without active loading being seen. The sign says 'loading only'
and pictures a person pushing a trolley. The issuing Civil
Enforcement Officer observed your vehicle and during the
observation period saw no loading / unloading taking place. Once
loading / unloading has been carried out, the vehicle should be
moved straight away, time is not allowed to unpack or install
the goods delivered. The issuing officer observed the vehicle
for more than 5 minutes and saw no driver or loading / unloading
taking place.
Is this correct – that even if you WERE loading, it is still a
contravention if the enforcement officer does not SEE you
loading?
And/or I suspect they did not call the carpet shop to confirm -
do I have a case based on failure to consider?
If the consensus is that there is no point in fighting this,
then I would like to pay by Friday because they emailed me their
rejection on 27th September and they say We will accept the
reduced payment at £65 as full and final settlement if the
payment is received within 14 days from the date of this letter.
Regrettably, if the payment is not received within 14 days, the
full amount of £130 will be due.
Thank you
HTML https://i.imgur.com/ysNOmjq.jpg
HTML https://i.imgur.com/p6qtp8X.jpg
HTML https://i.imgur.com/DnJ93cW.jpg
HTML https://i.imgur.com/h73nOEs.jpg
HTML https://maps.app.goo.gl/UdDCzGqc26tVzajJ6
HTML https://maps.app.goo.gl/4USVRhMHddYNn5KK9
#Post#: 40047--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: Hippocrates
Date: October 9, 2024, 3:35 pm
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Homework: log onto their website and see what it says and report
back please.
#Post#: 40074--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: Feline_Foxy
Date: October 9, 2024, 5:28 pm
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Ok here you go - screenshots from their website:
HTML https://i.imgur.com/1J3iSbL.png
HTML https://i.imgur.com/uHG2jDz.jpg<br
/>
HTML https://i.imgur.com/RXyaFiv.jpg
HTML https://i.imgur.com/JIB0nH4.jpg<br
/>
HTML https://i.imgur.com/TPLAViF.jpg
HTML https://i.imgur.com/Gz7tFzm.jpg<br
/>
HTML https://i.imgur.com/g1E5okK.jpg
#Post#: 40096--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: Hippocrates
Date: October 10, 2024, 3:07 am
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Excellent! They are threatening to serve a charge certificate on
14th and you have not received a Notice to Owner yet if I am
correct?
#Post#: 40110--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: H C Andersen
Date: October 10, 2024, 4:21 am
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And it isn't a 'loading bay' - you cannot have a yellow line
within a 24/7 so-called loading bay.
#Post#: 40377--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: Feline_Foxy
Date: October 11, 2024, 9:28 am
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I’m not sure what a ‘charge certificate’ is but you are correct
that I have not received a Notice to Owner. In fact their
letter says that if I wish to contest further I should wait for
a NTO (which will be sent if no payment received)
So what should I do now? Should I wait for the NTO, or write
something now?
#Post#: 40435--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: Hippocrates
Date: October 11, 2024, 1:08 pm
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Just wait for the NTO and do nothing. If they issue a Charge
Certificate , get back to us.
#Post#: 40442--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: Feline_Foxy
Date: October 11, 2024, 2:51 pm
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Okay, will do.
Just so I know, is a 'charge certificate' the same as 'Notice to
Owner'?
(apologies if this is a silly question)
#Post#: 40444--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: anthomy93
Date: October 11, 2024, 3:05 pm
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what if NTO disappears in post and only the Charge Certificate
arrives?
they mail these PCNs without tracking and then claim it was
dispatched at a certain date...
#Post#: 40446--------------------------------------------------
Re: Lewisham, code 25 (loading), Wearside Road
DIR By: fraser.mitchell
Date: October 11, 2024, 4:34 pm
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--- Quote from: Feline_Foxy link ---
>
> Okay, will do.
>
> Just so I know, is a 'charge certificate' the same as 'Notice
to Owner'?
> (apologies if this is a silly question)
>
--- End Quote ---
No it isn't, they are two separate statutory documents.
If a PCN is served at the roadside to a car or the driver, and
the recipient does not pay it, or submit representations, the
council are entitled to serve a Notice to Owner on the keeper of
the vehicle as recorded by DVLA, and which is shown on the V5C.
This is because under the legislation, the owner of the vehicle
has legal responsibility for paying or appealing the PCN. If
nothing is paid when a Notice to Owner is served, the council
can then serve a Charge Certificate. This increases the penalty
by 50% and cannot be appealed, only paid.
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