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#Post#: 54982--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: El-Roi
Date: January 24, 2025, 10:30 pm
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NTO received dated 13.01.24
Need help in drafting the formal challenge.
Grateful for your assistance.
Thanks in advance
#Post#: 54991--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: John U.K.
Date: January 25, 2025, 2:13 am
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Please post up of the NtO, redacting only yr name & address.
#Post#: 56754--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: El-Roi
Date: February 5, 2025, 10:19 am
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NTO
Help please.
Thanks
[attachment deleted by admin]
#Post#: 56769--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: stamfordman
Date: February 5, 2025, 11:07 am
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If no one else does it I should be able to do it tomorrow.
#Post#: 56772--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: John U.K.
Date: February 5, 2025, 11:10 am
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--- Quote from: El-Roi link ---
>
> NTO
> Help please.
> Thanks
>
--- End Quote ---
Please repost page 1 of the NtO the right way up, and only
redact yr name & addresss.
The experts here are pretty much united in believing you have an
excellent case.
As for your reps against the NtO, subject to the suggestions of
others, I would take your challenge against the PCN as the base
of your reps (quoted below) and incorporate some of the points
others have made earlier in this thread. Post you revoised draft
here for commment before sending, but do not miss deadline.
Remember, either your wife signs, in which case you change 'I'
to my husband throughout, or you must enclose a letter of
authority from her.
--- Quote ---
>
> Appeal Representations against PCN MW912094257 Issued 24th
November 2024 - Clover Street Chatham ME4 4DE
>
> As the driver at the time iam making these representations on
behalf of my wife, the registered owner, and enclose a letter of
authority to do so.
>
>
> I am challenging making these reps against the Notice to
Ownerthe 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 -
there was a PCN on my vehicle when I finally returned to my
vehicle after my last trip from the ECC but was blown away in
the extreme weather. 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 (TECC).
> See attached links confirming the good cause carried out by
the ECC in which I was part of and making a delivery.
>
HTML https://emmaus.org.uk/about-us/
- Emmaus supports more than
850 people who have experienced homelessness. We provide a home,
training and work opportunities as part of a
>
HTML https://www.helpingthehomeless.org.uk/medway
>
> 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.
--- End Quote ---
EDIT - post crossed with Stamfordman.
#Post#: 56851--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: stamfordman
Date: February 6, 2025, 5:51 am
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This will do I think. Can't think of anything else to say.
--------------
I am making representations that the contravention 01 – Parked
in a restricted street during prescribed hours - did not occur
owing to the exemption of loading (unloading in this case).
The restricted parking zone does not have a no-loading
restriction at any time on Sunday, and I was engaged in the
process of unloading on Sunday 24 November 2024.
You issued me with a contravention code 01 which has the
exemption of loading.
I repeat - I was unloading bulky food items for homeless people
to the Emmaus Church Centre and needed to park by the entrance
to do so. This was during a time when loading is allowed in the
zone.
As the contravention did not occur I expect you to cancel this
PCN and look forward this time to your confirmation.
#Post#: 56871--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: H C Andersen
Date: February 6, 2025, 7:26 am
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Should work.
I would in preference go back to their rejection.
Dear Sir,
PCN ******* Date of Contravention Sunday 24 November 2024
I am making formal representations on the grounds of
'Contravention did not occur'.
The material facts accepted and stated by the authority in their
rejection of my previous representations are as follows:
The date of issue of the PCN was a Sunday;
You accept that I was unloading;
You state that '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.
And then for some inexplicable reason you rejected my
representations on the basis that '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.'.
You are correct in that I was parked within an area which
prohibits waiting 24/7 , however, loading is permitted(and
therefore not mitigation but a legal exemption).
The issue here is the authority's misapplication of the law (all
material evidence being common ground) and were this to continue
then such a decision would be considered frivolous and risk the
authority being subject to a costs award at adjudication.
#Post#: 56889--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: stamfordman
Date: February 6, 2025, 7:51 am
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Go with Mr Anderson's - I would add in
You are correct in that I was parked within an area which
prohibits waiting 24/7 , however, loading is permitted(and
therefore not mitigation but a legal exemption). I repeat - I
was unloading bulky food items for homeless people to the Emmaus
Church Centre and needed to park by the entrance to do so.
#Post#: 57178--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: El-Roi
Date: February 8, 2025, 8:01 am
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Thanks all for your contributions and help in drafting the
representation.
As advised I would go with HC Andersen's version and add in the
line by Stamfordman reiterating I was unloading bulky food
items.
Please can someone confirm the last day of submission? I don't
want to miss it.
I make it the 12th Feb ( 28 days from date served 15.01.25 ;
posting date 13.01.25 served 2nd working day after posting).
I called Medway parking dept; the lady said I can email my
representation.
Do I need to add the declaration at the end of email
representation and sign or do representation as a letter and
attach it to the email.
Do I have to sign the NTO & scan & attach it to the email or
would a signed letter with the declaration be sufficient?
Sorry never done this before. Apologies if my questions are
silly.
#Post#: 57192--------------------------------------------------
Re: CODE 01 Medway Clover Street Chatham Delivering food for the
Homeless
DIR By: stamfordman
Date: February 8, 2025, 9:27 am
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The NTO says you can make representations at:
HTML https://www.medway.gov.uk/appealpcn
I would do that. Note that they wrongly also call it an appeal -
appeals are to the tribunal. You are at formal representation
stage.
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