DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 62940--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: stamfordman
Date: March 17, 2025, 1:42 pm
---------------------------------------------------------
If the OP takes the PCNs to the tribunal there are four
possibilities.
1. B&D doesn't contest - a reasonable chance if the appeal is
focused and includes their failure to say an exemption is
available.
2. The tribunal allows the appeals - very unlikely as can't use
mitigation, assuming all is OK with traffic order. There may be
something though in the rejection as per 1.
3. The tribunal just refuses the appeals.
4. The tribunal refuses but the adjudicator makes a
recommendation to B&D to cancel them - a reasonable chance.
#Post#: 62956--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: habibm
Date: March 17, 2025, 2:54 pm
---------------------------------------------------------
[quote author=H C Andersen link=topic=5513.msg62934#msg62934
date=1742235076]
Thanks. It is rather buried considering how many schools there
are both in Alibon and the vicinity.
But IMO it's essential to get these details within posts. So OP,
to be clear your child attends Hunters Hall Primary School?
I thank you all for the replies. Yes my son attends Hunter Hall
primary school. It is on Alibon road and restriction is on the
whole road.
And Yes wantz road is not too far but it’s hard to find parking
nearby. The main issue is, when he is dysregulated, my son
can’t control his emotions. He becomes distressed and anxious.
He would lash out at anyone near him and would refuse to walk.
So I have to be as close to where he is as possible.
I never drive to the school because local authority provides his
transport. I don’t live near this area. It’s only become an
issue recently but it seems to be an ongoing one.
Could someone please help me to kindly draft the more focused
appeal. I don’t want to mess up this chance.
I am ever so grateful for all your time and effort.
#Post#: 63023--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: H C Andersen
Date: March 18, 2025, 5:14 am
---------------------------------------------------------
OP, without wishing to appear callous, far from it, you need to
deal with each PCN on its own facts pl. A generic 'your son has
problems' won't win the day as the responses from the authority
show.
PCN ****9314 13 Feb.
I don't know why you needed to enter the zone 7 minutes before
the restriction ended (15.53 and 16.00 respectively) to attend a
Parents' Evening. You'll need to explain in more detail pl.
PCN *****4290 26 Feb.
On ***, I was asked (in writing?) by the school to accompany my
son on a school trip which had been organised by them. On normal
school days he is collected from our house by transport
organised by (presumably) Barking and Dagenham council. However,
I am not allowed to travel with him and therefore the only way
that I could meet the school's request was to take him to school
myself on that day. Is this where we start for this PCN??
You also have another PCN, dated March, within this thread.
#Post#: 63091--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: habibm
Date: March 18, 2025, 11:07 am
---------------------------------------------------------
Hi
Thank you for the reply. For the parents evening, i didn’t
even check the time. I thought the restrictions had ceased. I
could have waited another 7 minutes. I had a long day at work. I
had spent the whole week attending meetings with different
professionals due to my son’s challenging behaviour. I was
just so tired.
Perhaps I will have to find some money and pay that one. I will
appeal the the second PCN and use your guide and make it more
focused.
I don’t have another PCN. It’s just those 2.
I have also applied for the exemption. Will keep you posted of
any updates
Thank you again
#Post#: 63374--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: John U.K.
Date: March 20, 2025, 6:40 am
---------------------------------------------------------
I by chance stumbled across this from
HTML https://www.havering.gov.uk/downloads/file/96/policy-for-enforcing-or-cancelling-a-pcn
--- Quote ---
> [center]MC47 – Where the motorist enters a School Street Zone
> MAY ACCEPT REPRESENTATIONS
>  Where the motorists holds a valid School Streets
Access
> Permit
>  Where the School required a motorist without a permit
to
> attend the School during the restricted hours (Letter from
> School required to support this).
>  Is an Emergency Service or Public Service Vehicle.
>  Has a valid Health & Homecare Permit
>  Hackney Carriage, School Transport Vehicle, Dial a
Ride
> and other specialist transport services.
>  Marked Delivery vans eg Royal Mail, UPS, DPD.
> MAY REJECT REPRESENTATIONS
>  In all other circumstances[/center]
--- End Quote ---
N.B. This is from the L.B. of Havering. Try as I might, I cannot
find a similar policy document for the L.B. of Barking &
Dagenham, but they should have one.
It might be worth making a passing reference to this in any
reps.
#Post#: 63375--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: habibm
Date: March 20, 2025, 6:44 am
---------------------------------------------------------
Good morning
So I took both PCNs to tribunal. We have got a court hearing on
the 29th of May. Never been to a court hearing before. Will see
how it goes.
I thank you all for your support and guidance. Means a lot!
#Post#: 63390--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: John U.K.
Date: March 20, 2025, 7:37 am
---------------------------------------------------------
It's not a court, it's a tribunal, and personal hearings are now
by video-link or telephone.
Please show us the letter you should have received from the
Tribunal with the date of your hearing.
I am assuming that you entered the schhol street at this point
HTML https://maps.app.goo.gl/MZDGgE24XTUfvn9M6
and I presume that the signs in GSV have been replaced by some
school street signs.
Please can you take a photograph of the actual signs you passed?
Why is this important?
Because, looking through the LBBD document that Stamfordman
found I noticed this:
--- Quote ---
> [center]Access restrictions do not apply to residents living
inside a School Street and the schemes only operate
> on weekdays, during term-time. Click the link below for school
term dates:
> School term dates and planned closures | London Borough of
Barking and Dagenham (lbbd.gov.uk).[/center]
--- End Quote ---
Your photographs will show us how LBBD conveyed to a driver that
the restrictions were in force on the day and time in question.
#Post#: 63415--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: habibm
Date: March 20, 2025, 8:20 am
---------------------------------------------------------
Hi John
I have had a look at the map. I think the access point I gave
you previously was wrong. This is the right one
HTML https://maps.app.goo.gl/MVr8FBBzxDqkVnceA
I came from a road called Heathway and turned left into Alibon
Road.
I will drive to the area tomorrow and take pictures. I will send
you the pictures and the tribunal letter together.
I have also just received an email from the exemption team
requesting proof that my child attends Hunters Hall primary
School.
Thank you again
#Post#: 63424--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: John U.K.
Date: March 20, 2025, 8:35 am
---------------------------------------------------------
--- Quote ---
> I will send you the pictures and the tribunal letter
together.
--- End Quote ---
Please post them here - redact yr name & address from the
letter.
#Post#: 63425--------------------------------------------------
Re: PCN 53j given because i had to pick my son with additional
needs!
DIR By: stamfordman
Date: March 20, 2025, 8:36 am
---------------------------------------------------------
I think the best outcome here is if the council doesn't contest.
Also if they soon grant you the exemption that will be a good
point to add in the appeal which may encourage them to not
contest.
*****************************************************
Page 2 of 6
DIR Previous Page
DIR Next Page