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#Post#: 51155--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 28, 2024, 4:03 am
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How about this as a the final version? I tried to merge the
various comments/versions using stamfordman's template.
Dear Harrow,
I parked briefly in this location to escort my elderly disabled
father and unload his shopping into his home and left the
parking place as soon as he was safely inside with his shopping,
which was the purpose of this trip.
He is physically and cognitively impaired with restricted
mobility and at risk of falls (medical evidence enclosed) and
needs assistance with daily tasks (including alighting the car,
entering the house, carrying shopping).
I invited you to accept the exemption of assisted
alighting/unloading in my informal challenge but this was
ignored, so I am now formally claiming the exemption(s) in my
representations.
As the authority is aware there are numerous allowed appeals at
London Tribunals for such assisted alighting or boarding of
vulnerable or disabled people to and from premises and where it
takes the time needed to do so safely in accordance with their
needs. Loading is also exempt.
I did also invite you to use discretion regarding my father’s
Blue Badge mishap (which was displayed but likely dislodged by
the BB holder while alighting) which would also have given me
parking permission, and may have been seen had the CEO checked
the side window.
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.
I look forward to your acceptance of my representations.
#Post#: 51202--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: December 28, 2024, 11:05 am
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Looks OK - my version is firmer in asking for the alighting
exemption up front to focus their minds. But yours should do the
same.
#Post#: 51242--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 29, 2024, 4:15 am
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yeh i agree, i was just conscious that some of the other
previous comments mentioned not to be too harsh, so thought
setting the scene first and then reminding them was a slightly
softer approach.
if there are no more suggestions i will upload this version and
keep you posted of their reply.
#Post#: 51286--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 29, 2024, 10:50 am
---------------------------------------------------------
heres the version i submitted (same essence just slightly
shorter to stay within the character limit online).
I parked briefly to escort my elderly disabled dad & unload his
shopping into his home & left the parking space as soon as he
was safely inside with his shopping (the purpose of this trip).
He is physically/cognitively impaired with restricted mobility &
at risk of falls (medical evidence & BB enclosed) & needs
assistance with daily tasks.
I invited you to accept the assisted alighting/unloading
exemption in my informal challenge but was ignored so I am now
formally claiming the exemption(s).
London Tribunals allow many appeals for assisted
alighting/boarding of vulnerable/disabled people to/from
premises where it takes time to do so safely according to their
needs. Loading is also exempt.
I also requested discretion re: my dad’s BB mishap (displayed
but likely dislodged by him while alighting).
Neither assisting my dad into his home nor unloading the
shopping took longer than necessary, so whether under the
grounds of assisted alighting or unloading, the PCN should be
cancelled.
#Post#: 51334--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: Enceladus
Date: December 29, 2024, 5:42 pm
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For future reference you don't have to use the Council's text
input box. As you have discovered there are character
limitations and quite likely formatting is also removed, even
simple new paragraph markers.
Simply put in the text box something like, 'See uploaded letter
of representation'. Type up your letter of representation and
then print it to a PDF file. Or print it out and scan it back in
to PDF. Make sure you name the PDF file appropriately eg.
representation_PCN_LLnnnnnnnA.PDF and upload it as (additional)
evidence.
And let's be clear, you were alighting a disabled passenger. You
were also unloading his shopping. The blue badge wasn't ever
required to board or alight your disabled passenger. The blue
badge does however add credibility to your assertion that the
person being alighted is disabled and needed assistance and nor
could he deal with his own shopping.
Did you upload a copy/photos of both sides of the Blue Badge
with your formal representation against the NTO? I ask because
in theory it will be a different council officer, somebody
within the council's parking enforcement management, who should
consider your formal reps. You can't rely on them looking at
evidence submitted with the informal representation. Although
hopefully they will.
If it comes to it then you should appeal to the adjudicator
where you should have a good chance of winning. Don't just give
up and pay.
#Post#: 51355--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: December 30, 2024, 6:51 am
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thank you for the info. Yes i did upload both sides of the BB
and i also uploaded many pages of medical evidence (hospital
letters) to should he has many disabilities and illnessess and
has breathlessness and balance and falls issues. i uploaded both
at informal challenge too.
#Post#: 54690--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: January 23, 2025, 7:31 am
---------------------------------------------------------
Hi All
I've just received the NOR from Harrow
HTML https://www.dropbox.com/scl/fo/raiuh8ac0h0848ap9lklf/ADzsA7su5XB6-OjZJW7ir_U?rlkey=tmpa21fgivlt7u60u9qsrtbex&st=rqa21se0&dl=0
Interestingly, they have completely ignored my exemption appeal
and focused entirely on the BB discretion and their insinuation
that this is repeated behaviour is a massive exaggeration.
The last PCN was cancelled as they did not contest before
tribunal because it was a no right turn sign that they admitted
was turned the wrong way so i could not have seen it (ie
completely irrelevant) and the one previously was won at
tribunal for failing to display the clock with the BB in a time
restricted area because there was no provision in the tRO that
the clock had to be shown. So while a BB issue, is different
from this one.
I MAY have had one many many years ago that was cancelled at
their discretion for BB falling off but given i've been driving
my dad around for almost a decade now as a BB holder and in
hundreds of parking occurrences maybe 1 previous many many years
ago may have been similar doesnt really qualify for repeated
behaviour.
regardless, isnt this what is termed as fettering discretion?
in any case, i have nothing to lose to proceed to tribunal now
on the exemption issue which they have ignored at both informal
appeal and formal appeal.
the question is should i put anything about fettering discretion
or is this irrelevant at tribunal. Any advice from those in the
know much appreciated!
#Post#: 54695--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: January 23, 2025, 8:30 am
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As I said I would have claimed the alighting exemption in the
first sentence but you've done enough for this to carry through
to appeal at the tribunal.
To reiterate, assisted alighting is an exemption.
The blue badge mishap is mitigation, which the tribunal cannot
consider but is useful context.
No discount reoffered so you can just register the appeal and
best to opt for a telephone hearing.
HTML https://i.ibb.co/9Nkf7Vf/image.png
#Post#: 54697--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: Enceladus
Date: January 23, 2025, 9:11 am
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Register an appeal with the London Tribunals. You have no
financial incentive to do anything else. For now put "detailed
submission to follow" in the evidence box.
Your formal representation is fine to use as a submission to the
Adjudicator in my opinion, but maybe it can be
re-written/re-ordered to make the case stronger as
[member=2249]stamfordman[/member] has suggested.
And to restate the obvious. The Blue Badge falling on the floor
is mitigation, but the BB is also firm evidence that the
passenger is disabled.
You were alighting a disabled passenger and that is an exemption
to the parking restriction since you had to escort him to his
house and return. You also had to unload his shopping and
deliver it to his house.
Alighting and escorting a disabled passenger is a valid
exemption to the parking restriction, as is unloading so for
those reasons display of the BB was not required and is
irrelevant to the alleged allegation.
#Post#: 54706--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: January 23, 2025, 9:59 am
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ok thanks both - will do that. So no point talking about
fettering discretion etc? it's not even true what they said
about multiple previous times (there maybe only 1 relevant!).
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