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#Post#: 64547--------------------------------------------------
Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: D23
Date: March 27, 2025, 6:42 pm
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Hi everyone,
I need some advice regarding a parking ticket I received while
my car was broken down. Despite appealing twice to the council
and providing evidence, my appeals were rejected, and I now have
a tribunal hearing scheduled via MS Teams on 6th May 2025 at
14:00.
Background of the Incident
A few weeks ago, my car had been experiencing breakdowns in
various locations. On 14th December 2024, I was driving to
Hainault Forest when my car broke down right at the park
entrance, blocking traffic. To avoid causing obstruction, I
managed to push the car and drive it briefly after it cooled
down, moving it into a parking bay.
While waiting for the AA breakdown service to arrive and tow my
car, I had my hazard lights on. At one point, I stepped away
briefly to flag down the AA technician as there were many cars
around, and I wanted to ensure he found me. When I returned, a
PCN had been issued within just 3 minutes (15:29 - 15:32).
I immediately found the Civil Enforcement Officer and explained
my situation, but he refused to cancel the ticket.
Appeal Process So Far
I appealed twice to the council, providing details of the
breakdown and explaining that I was not intentionally parked but
waiting for a tow.
The council rejected my appeals, claiming I was "waiting for a
repair," which is incorrect—I was broken down and awaiting
recovery.
I have now appealed to the Environment & Traffic Adjudicators
(London Tribunals) and have a hearing scheduled.
Evidence I Have
Breakdown report from the AA, confirming my car had to be towed
home.
Photos of the AA technician inspecting my car at the scene.
Images of my car with hazard lights on at the time of the
ticket.
Timeline evidence showing the ticket was issued within 3
minutes—barely enough time for a normal parking process.
My Concerns & Questions
Should I stick to the arguments I have made so far?
Is there anything else I can add to strengthen my case?
What should I expect during the tribunal hearing?
Has anyone else experienced a similar case and won?
Any advice on how to approach this tribunal hearing would be
greatly appreciated. I genuinely believe this ticket was unfair,
as I was broken down, not parked by choice.
Thanks in advance for any help!
[attachment deleted by admin]
#Post#: 64549--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: mrmustard
Date: March 27, 2025, 6:48 pm
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Why didn't you pay?
Your car being broken down doesn't mean you can't use your phone
to pay for the space you pushed it into.
#Post#: 64551--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: D23
Date: March 27, 2025, 6:51 pm
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heres a map of the location and incident
[attachment deleted by admin]
#Post#: 64553--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: D23
Date: March 27, 2025, 6:53 pm
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tribunal letter
[attachment deleted by admin]
#Post#: 64554--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: D23
Date: March 27, 2025, 6:55 pm
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--- Quote from: mrmustard link ---
>
> Why didn't you pay?
>
> Your car being broken down doesn't mean you can't use your
phone to pay for the space you pushed it into.
>
--- End Quote ---
I didn’t pay because my car had broken down, and I was standing
by it rather than using their services. I had to either leave
the car where it initially broke down or move it to a safer
location. Since my family was with me, simply waiting there
wasn’t an option.
#Post#: 64557--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: stamfordman
Date: March 27, 2025, 7:12 pm
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You should win this on circumstances beyond your control.
Hopefully though the council won't contest the appeal.
#Post#: 64571--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: H C Andersen
Date: March 28, 2025, 3:34 am
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Where are the formal reps, their NOR and whatever you've already
submitted to ETA please.
We need to know what you've already acknowledged before
suggesting any further reps.
#Post#: 79327--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: D23
Date: July 2, 2025, 5:33 pm
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Hi everyone,
Just wanted to post a final update and thank those who followed
and supported my case.
I’m happy to say that I won the appeal at the Environment &
Traffic Adjudicator tribunal! 🚗✅
Quick Recap:
My car broke down near the entrance to Hainault Forest and I
managed to move it into a bay to avoid blocking traffic.
I was waiting for the AA recovery service, hazard lights were
on, and I briefly stepped away to flag down the mechanic.
In that short moment, a PCN was issued within just 3 minutes.
I appealed twice to the council, both were rejected.
I then escalated the case to London Tribunals for a hearing via
MS Teams.
What Happened at the Tribunal:
The council did not attend the hearing.
I appeared via video, explained the full situation, and
submitted my AA breakdown report and supporting images.
The adjudicator accepted my version of events and stated that
the vehicle was prevented from being moved due to circumstances
beyond my control.
He ruled in my favour and directed the London Borough of
Redbridge to cancel the PCN and refund any payments if made.
Final Thoughts:
If you’re ever in a similar situation, gather as much evidence
as possible (breakdown reports, photos, timeline, etc.) and
stick to the truth. The process can be frustrating when councils
reject solid appeals, but the tribunal is fair if you have your
facts straight.
Thanks again to the community—hopefully this gives hope to
anyone fighting a similar case. Feel free to reach out if you
need tips on presenting your appeal.
[attachment deleted by admin]
#Post#: 79332--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: fraser.mitchell
Date: July 2, 2025, 6:42 pm
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Your case shows as an example of why we always tell people not
to have a papers-based adjudication. Attendance at a hearing (by
video) means the adjudicator can speak with you and ask
questions. It's also disgraceful that the council took you this
far, when you had irrefutable evidence of the breakdown.
#Post#: 79342--------------------------------------------------
Re: Help Needed: PCN Appeal Rejected – Now Going to Tribunal for
Breakdown Incident council.
DIR By: mrmustard
Date: July 3, 2025, 1:25 am
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Thank you for telling us, we always like to know the outcome.
Here is the decision 2250111161 by Adjudicator Greenslade
At this scheduled personal hearing the Appellant appeared in
person via MS Teams.
The Enforcement Authority did not attend and was not
represented, either in vision, by telephone, or in person.
A contravention can occur if a vehicle is parked in a payment
parking bay during controlled hours, without payment of the
parking charge.
There appears to be no dispute that the vehicle was parked in
this bay, or that the Penalty Charge Notice was issued to it, as
shown in the photographs/digital images produced by the
Enforcement Authority.
The Appellant’s case is that the vehicle broke down and members
of the public helped him moved out of the way whilst he called
the Automobile Association (AA) breakdown service. The Appellant
says that when the mechanic called him, he went out to the main
road to direct him in and return to find the Penalty Charge
Notice issued. The civil enforcement officer records observing
the vehicle for three minutes.
The Appellant has produced a copy of the breakdown report,
although the Enforcement Authority appear to have issues with
this.
I have had the opportunity of hearing the Appellant personally
and will on balance accept what he tells me in this regard.
The Adjudicator is only able to decide an appeal by making
findings of fact on the basis of the evidence actually produced
by the parties and applying relevant law.
Considering carefully all the evidence before me I will find
that, at the material time, the vehicle was prevented from being
moved due to circumstances beyond the control of the driver.
Accordingly, this appeal must be allowed.
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