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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 54708--------------------------------------------------
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, 10:06 am
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how about if i upload this:
To summarise, I was alighting a disabled passenger and unloading
his shopping and that is a valid exemption to the parking
restriction since I had to escort him to his house and return.
The BB mishap is simply mitigation and evidence of disability,
it is not required for the exemption and is irrelevant to the
allegation.
Therefore, I rely on my submissions at formal representation in
the first instance.
“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#: 54719--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: H C Andersen
Date: January 23, 2025, 11:01 am
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Procedural i proprieties abound!
Wrong statement of your right to appeal - for info these are no
later than the end of the period of 28 days beginning on the
date of service or such longer period as the adjudicator may
allow;
As regards a Charge Certificate, the mandatory warning is that
if after the [correct] 28-day period the penalty has not been
paid and an appeal has not been made then the authority may
serve(not issue, serve) a Charge Certificate.
By misstating the 28-day period initially and then by referring
to this misstatement in the context of a CC the authority have
failed to include 2 of the mandatory elements in a NOR.
..and IMO they've not considered your reps either. Consideration
isn't just thinking about them but, as stated in the Secretary
of State's Statutory Guidance requires that:
The authority should give the owner clear and full reasons for
its decision [to reject] on a representation,...
IMO, they have failed to do so because their rejection is
predicated on their misinterpretation of the law and misreading
of your reps.
#Post#: 54721--------------------------------------------------
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, 11:08 am
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Thanks H C Andersen, although am not sure I udnerstand all the
technicalities of what you are saying.
You are saying in addition to reiterating my initial appeal, i
should also point out the procedural improprieties on
a) mis-stating 28 day, CC issue etc
b) failure to consider my representations (actually not once but
twice - i mentioned it at informal appeal albeit as an addendum,
but put it front and centre at formal appeal and they still
ignored).
which of all of these is most likely to get accepted - ie what
is the correct order they should be listed?
#Post#: 54722--------------------------------------------------
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, 11:10 am
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Don't upload anything yet - just register the appeal online
(there should be a code on the rejection letter) and ask for a
personal or telephone hearing.
You can load material later and it looks like there are several
things but there's no rush.
Harrow may not contest it anyway.
#Post#: 55502--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: January 28, 2025, 4:50 am
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[member=2249]stamfordman[/member]
I have registered for the tribunal.
I selected 2 boxes - 1. the contravention did not occur and 2.
procedural impropriety to cover all the angles discussed and
asked for a telephone hearing.
I just wrote that i rely on my formal representations in the
summary box for now.
Hope that's all ok.
#Post#: 55754--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: January 29, 2025, 10:23 am
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If they contest you can add Mr Anderson's other points to your
appeal. I expect they won't contest.
#Post#: 66453--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: April 10, 2025, 8:49 am
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Hi All
So it seems they have contested. I have attached their evidence
pack.
HTML https://www.dropbox.com/scl/fo/raiuh8ac0h0848ap9lklf/ADzsA7su5XB6-OjZJW7ir_U?rlkey=tmpa21fgivlt7u60u9qsrtbex&st=8edo6yf0&dl=0
See files evi a to e uploaded today 10/4/25
Could do with some help drafting the counter appeal. Tribunal is
on May 1st.
Thanks
#Post#: 66467--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: April 10, 2025, 9:44 am
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Obviously they ought to lose on this:
HTML https://i.imgur.com/yr2K4Hr.png
And bringing up past PCNs is obnoxious.
HTML https://i.imgur.com/1viMKvq.png
HTML https://i.ibb.co/jCBh9tz/2.jpg
HTML https://i.ibb.co/vx7fxQx5/Untitled.jpg
#Post#: 66475--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: April 10, 2025, 10:08 am
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[member=2249]stamfordman[/member] - sorry i thought id redacted
my personal info but the one you uploaded still has it in -
please could you redact name and email?
i cant find it in dropbox - they all look redacted - strange!
#Post#: 66477--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: April 10, 2025, 10:11 am
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btw of the 4 previous pcns they selected the 2 most relevant and
even then the second one was a completely different location and
a different issue re clock which was rightly won at tribunal.
the only previous one where badge fell off was years ago. and
guess what this happens when you have a disabled person - 1 or 2
out of hundreds is hardly bad behaviour.
also im not appealing on badge falling off, im appealing based
on alighting/unloading so the previous pcn is irrelevant,
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