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#Post#: 3218--------------------------------------------------
Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: troolykool
Date: August 14, 2023, 6:40 am
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PCN served by TFL
Contravention 62: Parked with one or more wheels on or over a
footpath or any part of a road other than a carriageway
Location: West Cromwell Road (Kensington & Chelsea)
PCN Number: GF83563781.
REG: LB22 TFV.
GSV:
HTML https://maps.app.goo.gl/7eYmq4wJGmgbcLBT8?g_st=iw
Help!
I was unloading and loading outside my husband’s flat for less
than two minutes and the photograph shows the delivery man I was
loading / unloading from. While the car appears to be on a
footpath, there is still a clear a slip road allowing vehicles
to enter and park inside the area mapped out by the small posts,
as shown in the image and there are other vehicles also parked
near mine (as shown in one of the images).
Regardless of this, I still moved the vehicle as soon as I spoke
to the civil enforcement officer who told me it was not
permitted (as shown in the two photos one with the car there,
and one with it not there), to avoid complications. I have since
received the PCN, which has been served by post. Please help me
with suggested wording and reasoning for how to make a
representation against the penalty charge. I feel it is
confusing to have a slip road if cars are not permitted to drive
on to it. I have unloaded in this spot many times before without
any problems, and regularly see cars stopping here.
Thank you so much!
Image links to of all sides of the PCN:
HTML https://ibb.co/cCsLYgv
HTML https://ibb.co/yRb2hTh
HTML https://ibb.co/c2Zs47d
HTML https://ibb.co/GRfSxNW
HTML https://ibb.co/zhStmMg
HTML https://ibb.co/Bs3t3ch
#Post#: 3237--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: Chaseman
Date: August 14, 2023, 12:33 pm
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The Greater London Council (General Powers) Act 1974 at s.15
bans pavement parking as a general matter throughout Greater
London. The same is not true elsewhere in the country. However,
there is an exemption for loading/unloading and you will see
this as a ground for appeal on the PCN. However, in order to
take advantage of this exemption you have to meet the following
tests:
d)for the purpose of loading or unloading goods [F6for a period
not exceeding 20 minutes or such longer period as the council
may permit], and—
(i)the loading or unloading of the vehicle could not have been
satisfactorily performed if it had not been so parked; and
(ii)the vehicle was not left unattended at any time while it was
so parked.
So you say the unloading was for only two minutes so you should
be able to satisfy d) but were these goods sufficiently bulky or
heavy or awkward that you could not have satisfactorily unloaded
without parking on the pavement? AND was the car not left
unattended at ANY time while parked?
What do you mean by a "delivery man you were unloading from"?
You will usually unload from a vehicle. Was this man assisting
you? Do you have any documentary evidence of the unloading e.g.
an invoice or Goods Received Note?
It seems the CEO was wrong if he said you could not park on the
pavement AT ALL to unload but the onus is on you to satisfy the
Council that your conduct satisfied the exemption above. You
refer to photograph[s] presumably of the unloading activity
taking place, but I can't see them in your post. Whose photos
are they?
#Post#: 3240--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: troolykool
Date: August 14, 2023, 1:52 pm
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Thank you. In answers to your questions:
I was unloading from my vehicle (a scooter, building tools,
flooring) but I was also planning to load a TV into my vehicle
that had just been delivered to me. I have a delivery confirmed
receipt for the TV. (Note- I did not have a chance to load the
TV into the car or take the other items into the flat - I had to
leave everything on the steps outside my property because the
officer approached me part way through the process saying he was
going give me a PCN.)
I immediately moved the car to the next available side road that
allows Pay and Display (which isn't close enough to be able to
carry heavy goods from) and parked there, and went back for the
TV and other items by foot.
I was at the car the entire time so it was never left unattended
and the incident was less than two minutes - as you can see on
the PCN, the timings stated are 12:48-12:48!
There is literally nowhere else to unload or load as the
property is located on a dual carriage way and the closest road
around the corner is for permit resident holders only.
Any help with the wording / template for the appeal would be
greatly appreciated.
#Post#: 3250--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: fraser.mitchell
Date: August 14, 2023, 4:05 pm
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--- Quote ---
> the photograph shows the delivery man I was loading /
unloading from.
--- End Quote ---
There is no photograph posted, only the PCN pages.
As pointed out by Chaseman, there is an exemption for loading
activities when parked off-carriagway, but the vehicle must be
attended the whole time.
Could you also expand on the use of the area bounded by posts
which appears to have an access from the carriageway. I see no
sign that might permit parking there. Certainly I would mention
it in any reps you submit, plus of course, claiming the loading
exemption. You need to prepare a list of items with bulk and
weight estimated, or even detailed parameters.
#Post#: 3255--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: troolykool
Date: August 14, 2023, 5:19 pm
---------------------------------------------------------
Thanks.
The photographs are taken by TfL and are on their website when
you enter the PCN number. For ease, I’ve pasted links to them
below. You’ll see the white van in one pic - that is the van
dropping off the TV. In the other pic, you’ll see the delivery
man with the TV if you zoom in.
HTML https://ibb.co/CK6x7Yg
HTML https://ibb.co/3fw664V
I don’t know what the area with the bollards is for if not
loading and unloading. It’s clearly a slip road from the dual
carriageway allowing cars to drive on it and there are no signs
anywhere suggesting you cannot enter this area.
To confirm, the vehicle was attended the whole time as shown in
the photos.
Would you be able to advise the types of heavy goods I would
need to list?
Thanks again
#Post#: 3257--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: fraser.mitchell
Date: August 14, 2023, 5:40 pm
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It might be better to take photos of the goods.
--- Quote ---
> a scooter, building tools, flooring) but I was also planning
to load a TV into my vehicle that had just been delivered to me
--- End Quote ---
Plenty of awkward and reasonably bulky/heavy stuff, I'd say.
However, the main point to make is - are you prepared for a
rejection, because if so, you either have to cough-up, or take
them to London Tribunals, and this means the discount option is
lost.
You could also ask the council, (not TfL), under FOI what is the
purpose of the area bounded by bollards that is provided with
access from the carriageway. It is the council that have
installed this, not TfL.
#Post#: 3273--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: guest179
Date: August 15, 2023, 5:17 am
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I don’t know what the area with the bollards is for if not
loading and unloading. It’s clearly a slip road from the dual
carriageway allowing cars to drive on it and there are no signs
anywhere suggesting you cannot enter this area.
It is a footway. There is a dropped footway without an apparent
purpose because it's built to pedestrian specs and standards,
not vehicle, but doesn't have a corresponding 'mate' at the
central reservation.
But this doesn't make where you were a carriageway..just look at
the surface treatment, they're flag stones exactly the same as
before and after the bollards. Your misunderstanding on this
point might be genuine, but I doubt it would cut much ice with
TfL.
What I don't understand and I think you should mention in reps
is why, if you had just opened your boot and not left the
vehicle, the CEO did not just inform you and ask you to move. I
want to focus on why they served a postal PCN.
If they had started to prepare a PCN to be given by hand why
tell you to move and then serve by post? IMO, if you moved at
the CEO's request then they have no grounds on which to serve a
postal PCN.
#Post#: 3274--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: troolykool
Date: August 15, 2023, 6:23 am
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Does it matter whether it is a footpath or not if I can prove I
was loading/unloading, the vehicle was never left unattended and
it was only for a minute?
Would anyone be able to suggest a template email for the
representation on this basis?
Thank you in advance
#Post#: 3277--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: troolykool
Date: August 15, 2023, 7:12 am
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Which of the following do I tick for the loading exemption?
Representation details
The Contravention did not Occur
The Traffic Order was invalid
I was not the owner/keeper at the time of the Contravention
The Vehicle has been taken without my consent
The Penalty has been paid in full, or has been paid at the
reduced amount within the specified period
The Penalty Charge exceeds the applicable amount
We are a Hire Firm and have supplied the name of the hirer
There has been a procedural impropriety on the part of the
Enforcement Authority
Any mitigating circumstances you wish to raise
#Post#: 3279--------------------------------------------------
Re: Kensington & Chelsea - contravention 62: Parked on
'footpath', served by TFL - Pls help!
DIR By: guest179
Date: August 15, 2023, 7:45 am
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Does it matter whether it is a footpath or not if I can prove I
was loading/unloading, the vehicle was never left unattended and
it was only for a minute?
Yes. The exemption is:
d)for the purpose of loading or unloading goods [F6for a period
not exceeding 20 minutes or such longer period as the council
may permit], and—
(i)the loading or unloading of the vehicle could not have been
satisfactorily performed if it had not been so parked; and
(ii)the vehicle was not left unattended at any time while it was
so parked.
My emphasis. Not just because it is convenient but because it
could not satisfactorily etc......
As regards your grounds, I don't know because you've avoided the
issue of the interaction between you and the CEO which is
important. If a postal PCN should not have been issued then
'procedural impropriety' comes into play in addition to
contravention did not occur.
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