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#Post#: 49084--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: H C Andersen
Date: December 9, 2024, 12:49 pm
---------------------------------------------------------
On the day in question I was delivering goods to the church and
therefore there was no contravention.
Specifically, I was delivering food which would be distributed
to homeless people through a scheme administered and led by the
church. I was acting in a personal capacity and it was my first
delivery. Some of the delivery was hot food and in consequence I
had to contact specific volunteers within the building so that
this could be transferred to their own insulated containers. I
also made two trips which I assume were either side of the PCN
being issued -I can only surmise this as there wasn't a PCN on
my vehicle at any time, presumably because this had been blown
away in the extreme weather. In any event,this doesn't bear upon
my circumstances or representations.
I was delivering, a vehicle was essential, I parked as near to
the church as possible and the activity took only as long as
necessary in the circumstances. Consequently, the exemption of
delivering applies and the PCN should be cancelled.
OP, what can you provide by way of evidence e.g. any paperwork,
correspondence etc.
#Post#: 49096--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: JOJO1209
Date: December 9, 2024, 2:22 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> Sorry I confused you with the loading sign - it's nothing to
do with Sundays but wanted to make you aware that there are
loading restrictions at other times.
--- End Quote ---
No you didn’t confuse me. Yes I am aware as per signage /
timeplate. Thanks
#Post#: 49102--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: JOJO1209
Date: December 9, 2024, 2:48 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> On the day in question I was delivering goods to the church
and therefore there was no contravention.
>
> Specifically, I was delivering food which would be distributed
to homeless people through a scheme administered and led by the
church. I was acting in a personal capacity and it was my first
delivery. Some of the delivery was hot food and in consequence I
had to contact specific volunteers within the building so that
this could be transferred to their own insulated containers. I
also made two trips which I assume were either side of the PCN
being issued -I can only surmise this as there wasn't a PCN on
my vehicle at any time, presumably because this had been blown
away in the extreme weather. In any event,this doesn't bear upon
my circumstances or representations.
> I was delivering, a vehicle was essential, I parked as near to
the church as possible and the activity took only as long as
necessary in the circumstances. Consequently, the exemption of
delivering applies and the PCN should be cancelled.
>
> OP, what can you provide by way of evidence e.g. any
paperwork, correspondence etc.
>
--- End Quote ---
Many thanks H C Andersen for this. Very well written. Very much
appreciated.
--- Quote from: H C Andersen link ---
>
> OP, what can you provide by way of evidence e.g. any
paperwork, correspondence etc.
>
--- End Quote ---
I don’t have any paperwork or written correspondence as this was
my first donation.
I got a verbal thank you and appreciation from the co-ordinator
( I assume) / one of the volunteers.
This was our first contribution and it was informal. In
addition, there isn’t enough time to ask for anything as the PCN
is due to increase today as advised by Medway Council today. It
will be wise to get my appeal in asap today before the fee
increases .
I have some supermarket receipts of the yellow stickers and
discounted items we bought which formed part of the donation.
Can I include them? I have text messages and Whatapp messages
of giving away food regularly to the homeless and people in the
community to show this is something we do but it is not relevant
to The Emmaus CC donation. Please can you let me know if I
should include these other unrelated messages.
#Post#: 49104--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: JOJO1209
Date: December 9, 2024, 3:10 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> I would send the below. It would help if you had something
official to enclose such as an email or thank you from the
centre or such like. If this is a regular activity of yours you
should also say so.
>
> ------------------------------
>
> I am challenging the PCN on the grounds that I was engaged in
the exempt activity of unloading.
>
> I was taking a number of bulky food items for homeless people
to the Emmaus Church Centre and needed to park by the entrance
to do so. Some of the food was hot food.
>
> I needed to go to the centre and back to the car twice to
unload all the food.
>
> I took only as long as necessary to carry out this good cause
and trust you'll agree the exemption applies and look forward to
the early cancellation of this PCN.
>
--- End Quote ---
Many thanks for drafting this. Very well written and concise.
Very much grateful for this
It was a verbal thank you and appreciation of the donation but
they didn’t give me
anything in writing.
This was our first contribution and it was informal. In
addition, there isn’t enough time now to ask for evidence as the
PCN is due to increase today as advised by Medway Council
today. It will be wise to get my appeal in asap today before the
fee increase.
Can I include some of the supermarket receipts of some of the
items purchased.
Is it worth mentioning the delivery and unloading process as
explained in my reply yesterday or just keep it short as your
draft.
It will be a semi-regular activity. It depends on what and when
we have good buys/ offers / deals. Yes, I will certainly be
going there again. I will include that in my appeal
#Post#: 49105--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: JOJO1209
Date: December 9, 2024, 3:12 pm
---------------------------------------------------------
Sorry I forgot to include this in my original post.
Is it worth mentioning that I spoke to the CEO and explained
that I took food into the Church for the homeless. I politely
asked if he could make a note on his handheld so they can see it
when I appeal but he refused. I tried persuading him to just
make a brief note about our conversation. He said it doesn’t
matter, it will not make any difference. He said he gave me a
two minute observation before issuing the PCN. I said I was
inside the church handing over the food I brought
I recorded the whole conversation. Not sure if it is legal /
okay to mention that I have evidence of the conversation as I
didn’t get his consent that I was recording our conversation. I
have just listened again to the conversation and the CEO is not
even aware that loading is exempt on Sunday and after 5.00 p.m.
Monday to Saturday. He said it is a conservation area. Don’t
know what he meant by that. He was very mean, dismissive and
unhelpful to say the least.
#Post#: 49109--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: H C Andersen
Date: December 9, 2024, 3:31 pm
---------------------------------------------------------
Please stop dancing on the head of a pin with this.
You were engaged in an exempt activity = it is as if the waiting
restriction did not exist.
You don't have to apologise, ask for forgiveness, plea for
clemency: according to your account you were absolutely entitled
to be parked where you were. And you could go back again, and
again and again..providing it's on a Sunday!
One modification to my draft, you saw the PCN but it blew away
before it could be examined. A minor change.
#Post#: 49111--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: JOJO1209
Date: December 9, 2024, 3:49 pm
---------------------------------------------------------
--- Quote from: jojo1209 ---
>
>
> Thanks for all your input and drafts.
>
> Please find below a draft of the appeal which I intend to send
tonight.
>
> Please can you check and comment and let me know if any
amendment is needed.
>
> Should I mention my conversation with the CEO later informing
him I was delivering / unloading food.
>
>
> Many thanks
>
>
--- End Quote ---
Appeal against PCN MW912094257 issued 24th November 2024 -
Clover Street Chatham ME4 4DE 24
I am challenging the PCN on the grounds that I was engaged in
the exempt activity of unloading.
On the day in question I was delivering bulky food items to the
Emmaus Church Centre on Clover
Street ME4 4DE Chatham and therefore there was no contravention.
Specifically, I was delivering food which would be distributed
to homeless people through a scheme administered and led by the
church. I was acting in a personal capacity and it was my first
delivery.
I was taking a number of bulky food items for homeless people to
the Emmaus Church Centre and needed to park by the entrance to
do so.
Some of the delivery was hot food and in consequence; I had to
contact specific volunteers within the building so that this
could be transferred to their own insulated containers.
I needed to go to the centre and back to the car twice to unload
all the food items.
I assume this were on either side of the PCN being issued -I saw
the PCN when I finally returned to my car but it was blown away
in the extreme weather before I had the opportunity to remove it
from the windscreen. In any event, this doesn't bear upon my
circumstances or representations.
Please note that this food delivery donation will be a
semi-regular activity depending upon availability. I will be
making future trips to delivery our personal food donation to
The Emmaus Church Centre.
I was delivering, a vehicle was essential, I parked as near to
the church as possible and the activity took only as long as
necessary in the circumstances to carry out this good cause; and
trust you'll agree the exemption applies. Consequently, the
exemption of delivering applies and the PCN should be cancelled.
I look forward to the early cancellation of this PCN.
#Post#: 49122--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: JOJO1209
Date: December 9, 2024, 4:18 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
>
> Please stop dancing on the head of a pin with this.
--- End Quote ---
You crack me up. I couldn’t stop laughing
--- Quote from: H C Andersen ---
>
> You were engaged in an exempt activity = it is as if the
waiting restriction did not exist.
>
> You don't have to apologise, ask for forgiveness, plea for
clemency: according to your account you were absolutely entitled
to be parked where you were. And you could go back again, and
again and again. Providing it's on a Sunday!
>
--- End Quote ---
I like your use of words.
That’s right Sunday or After 5 pm Monday to Saturday.
--- Quote from: H C Andersen ---
>
> One modification to my draft, you saw the PCN but it blew away
before it could be examined. A minor change.
--- End Quote ---
Thanks. Amended
Please can you check my final draft and amend accordingly if
needed. Cheers
#Post#: 49159--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: stamfordman
Date: December 10, 2024, 4:08 am
---------------------------------------------------------
No need to make meal of this - it's a parking PCN not an episode
of Perry Mason.
#Post#: 49854--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: El-Roi
Date: December 14, 2024, 7:05 pm
---------------------------------------------------------
[member=428]H C Andersen[/member] @Standfordman
Received appeal rejection letter below dated 13th December to my
appeal sent 10th December. Very quick rejection reply. Just saw
it.
Any advice on what to do next. Should I pay or wait for notice
to owner and appeal and if necessary take it to the Tribunal.
Grateful for Advise from the experts on the next step / action.
What are the chances of winning if it goes up to the tribunal?
Parking Services
Gun Wharf
Dock Road
Chatham
Kent
ME4 4TR
13th December 2024
Dear xxxxx
PENALTY CHARGE NOTICE: MW92094257
I refer to your recent appeal regarding the above Penalty Charge
Notice.
In exercising our discretion to cancel a penalty charge notice,
the circumstances detailed in your representations have been
considered and all reasons for appeal have been taken into
consideration. However, on this occasion I cannot find any
compelling grounds in which to do so.
Although you have stated that you were taking a number of bulky
food items for homeless people to the Emmaus Church Centre and
needed to park by the entrance to do so as some of the delivery
was hot food and in consequence; I had to contact specific
volunteers within the building so that this could be transferred
to their own insulated containers, I am unfortunately unable to
accept this as mitigating circumstances because your vehicle was
parked in a 'Restricted Zone At Any Time' area. Your vehicle was
not exempt, therefore a Penalty Charge Notice was enforced by
Medway Council.
The entry signs in Clover Street clearly state that this is a
'Restricted Zone at any Time' and 'No Loading' on Monday to
Saturday 10:00am to 5pm. Non loading vehicles are not permitted
to park in this area at anytime. As your vehicle was parked in
Clover Street on 24/11/2024, your vehicle was correctly issued a
Penalty Charge Notice.
As much as I can appreciate the that the situation was helping
others in need, I am unable to cancel the PCN on this basis as
all drivers must ensure that their vehicle is parked legally and
a good cause does not constitute parking illegally. As per
Medway Council’s Parking Enforcement Policy, in a Zero Tolerance
area, no observation period is required however I can confirm
that the Civil Enforcement Officer witnessed no activity around
the vehicle therefore the ticket was issued correctly.
I must advise that it is the driver’s responsibility to ensure
all parking restrictions are adhered to before leaving the
vehicle parked.
As per Medway Council’s Parking Enforcement Policy, no
observation period is required to any vehicle parked in an 'at
all times zone' within a zero tolerance area. However, I can
confirm that the Civil Enforcement Officer witnessed no
loading/unloading in the time observed.
Please find attached a copy of the link to our website in order
for you to view the photographic evidence that endorses the fact
that the Penalty Charge Notice was correctly issued. In order to
access this page you will require your vehicle registration and
penalty charge number.
HTML http://www.medway.gov.uk/parkingandtransport/parkingticketsandfines.aspx<br
/>
On appraisal of the evidence there are insufficient grounds for
waiving the Penalty Charge Notice on this occasion. I would
therefore ask you to make payment of £35.00 within 14 days of
the date of this letter to take advantage of the discount of 50%
available for early payment of the Penalty Charge Notice.
Failure to pay within the discounted period will result in the
Penalty Charge Notice being enforced at its full value of
£70.00.
Should you wish to appeal further a `Notice to Owner` will be
sent to the owner/keeper of the vehicle at which stage the
Penalty Charge Notice will stand at £70.00. Full details of how
to appeal will be given on the `Notice to Owner`’. If you
disagree with the council’s decision at the Notice To Owner
stage you can appeal to the independent adjudicator. You can
appeal by visiting the tribunal’s website:
www.trafficpenaltytribunal.gov.uk/appeal
Please note the Parking Office has the facility to accept
payments by Credit/Debit/Switch/Delta cards by using the
automatic payments system on 01634 334477, or pay online at
www.medway.gov.uk
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