DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 49806--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 14, 2024, 10:40 am
---------------------------------------------------------
I’ve now received the NTO
HTML https://www.dropbox.com/scl/fo/raiuh8ac0h0848ap9lklf/ADzsA7su5XB6-OjZJW7ir_U?rlkey=tmpa21fgivlt7u60u9qsrtbex&st=wnpmrhd5&dl=0
#Post#: 50763--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 22, 2024, 12:05 pm
---------------------------------------------------------
How about this as a formal representation?
I had parked at this location to drop-off my disabled father,
assist him into his home (first journey) and unload his shopping
(second journey) as he is physically and cognitively impaired
and at risk of falling (medical evidence enclosed) and needs
assistance with basic activities of daily living.
I was entitled to park there as per the exemption of
transporting a Blue Badge holder (BB enclosed), which I checked
was displayed on the dash and estimate that both trips took no
longer than 8 mins cumulatively.
As I was focused on my father’s wellbeing due to his restricted
mobility, I did not realise until I returned to my car to drive
away that half of the BB has fallen into the footwall (other
half was displayed), and can only guess that my father may have
knocked it down while exiting the car as I recall him dragging
his walking stick across the dash.
Had the CEO checked the side window he may have seen the fallen
BB (there are no side photos).
I am certain that neither assisting my father into his house nor
unloading the shopping took longer than necessary and therefore
submit that whether under the grounds of assisted alighting or
unloading, the PCN should be cancelled. If neither exemption is
accepted, then I would request that the authority exercise
discretion on the BB mishap.
[member=2249]stamfordman[/member] and @andersen - any pointers
would be much appreciated !
#Post#: 50764--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: December 22, 2024, 1:04 pm
---------------------------------------------------------
I'll redo this for you but not today - will aim for tomorrow.
#Post#: 50936--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 24, 2024, 4:38 am
---------------------------------------------------------
Thanks Stamfordman - appreciated - especially since it's the
Xmas hols coming up !
#Post#: 50938--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: December 24, 2024, 5:42 am
---------------------------------------------------------
I think this will do. How far to the house? Could also mention a
second visit to get shopping which also is reasonable as part of
the assistance provided you didn't start cooking... You could
also include a medical note rather than say it could be supplied
if they want it.
-----------
Dear Harrow,
I invited you to accept the exemption of assisted alighting in
my informal challenge but you ignored that, so I am now formally
claiming the exemption in my representations.
I parked briefly in the parking place to escort my elderly
disabled father to his home and returned to the car as soon as
he was safely inside with his shopping, which was the purpose of
our trip.
As the authority is aware there are numerous allowed appeals at
London Tribunals where such assisted alighting or boarding of
vulnerable or disabled people to and from premises takes place
and where it takes the time needed to do so safely in accordance
with their needs.
I did also invite you to use discretion as we had a mishap with
displaying my father’s Blue Badge, which would also have given
me permission to use the parking place.
My father is physically and cognitively impaired and needs
assistance alighting the car and getting into the house. I
enclose his Blue Badge again. Should you want any information on
the nature of my father’s disabilities (he has restricted
mobility and is at risk of falls) I would be happy to supply
them to support the assisted alighting exemption.
I look forward to your acceptance of my representations.
#Post#: 51024--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 25, 2024, 3:01 pm
---------------------------------------------------------
Thanks Stamfordman,
The house was very close so a non-disabled person could get in
in say 1 min (2 mins in and out), but my dad takes 3X as long as
me at least so 1 min for us is 3 mins for him.
The first journey was with him so lets say 3-4 mins to get him
inside and then i had to get the shopping --- no i didn't cook
but i unloaded, so that could have easily added another 2-3
minutes.
So maybe 3-4 mins each time. ie no more than 8 mins total.
#Post#: 51039--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: December 26, 2024, 5:00 am
---------------------------------------------------------
I would go with what I've suggested but amend this line. This
covers the exempt activity without volunteering detail about the
shopping. If they really want to force you to the tribunal over
the 7 mins observation time you can tell the adjudicator you
couldn't both escort and carry shopping.
Or you can put that detail in now - see what others say.
-----------
I parked briefly in the parking place to escort my elderly
disabled father to his home and left the parking place as soon
as he was safely inside with his shopping, which was the purpose
of our trip.
#Post#: 51041--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 26, 2024, 5:16 am
---------------------------------------------------------
Thanks Stamfordman,
Is this because you think assisted unloading is less likely to
be accepted than assisted alighting?
Is it not important to state that i think my father MAY have
knocked off the BB upon alighting- i recall someone suggested
they should make allowance for this.
So assisted alighting and unloading should be exempt, but even
if they dont accept that then they should consider that we did
display the badge but it got knocked off during alighting by a
BB holder.
#Post#: 51049--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: December 26, 2024, 6:30 am
---------------------------------------------------------
The critical thing to understand about the tribunal is that
adjudicators can't consider mitigation such as the blue badge
issue; they can only allow appeals based on law and
alighting/boarding and loading are exemptions not mitigation,
although both must usually be proved with evidence, especially
where assistance is needed meaning you have to leave the car
unattended, or you have to fetch a preordered load from
somewhere.
So to lay this on thick you can say the below.
--------------
I parked briefly in the parking place to escort my elderly
disabled father to his home and left the parking place as soon
as he was safely inside with his shopping, which was the purpose
of our trip.
As the authority is aware there are numerous allowed appeals at
London Tribunals where such assisted alighting or boarding of
vulnerable or disabled people to and from premises takes place
and where it takes the time needed to do so safely in accordance
with their needs.
As the authority is also aware, loading is also an exemption and
I had to return to the car to get my father's shopping after
assisting him to his home.
etc as before.
#Post#: 51052--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 26, 2024, 7:33 am
---------------------------------------------------------
ok thank you for clarifying. I have lots of medical assistance
to show his medical/mobility needs so i will enclose that with
the representation as i did at informal reps (can always present
more at tribunal if needed)
*****************************************************
Page 6 of 13
DIR Previous Page
DIR Next Page