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#Post#: 8636--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: ivanleo
Date: October 29, 2023, 8:12 am
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They have six months to serve a notice to owner, if they don't
then it's too late.
Usually it should take 2 - 3 months at most to get a reply to
informal representations.
#Post#: 8642--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: Movieman9000
Date: October 29, 2023, 8:34 am
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Thanks for letting me know me much appreciated
#Post#: 9660--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: Movieman9000
Date: November 9, 2023, 6:36 am
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thanks for your help guys, unfortunately I Was unsuccessful , I
wonder if it would have made any difference if i had parked on
the single yellow and blocked the road or a double yellow (not
blocked the road) here is the council response.
Challenge
In your challenge you state that your father passed away in
September 2023, you are his
only child and tasked with clearing his house. You said you
hired a van (zipcar.com) Friday
29th Sept at 10.30pm, but when you arrived at the pick up point
there were not any parking
spaces. You also said that there was a single yellow line where
it would have been free to
park at that time but if I did park in the road, it would have
blocked the whole road off so you
parked on the curb of the single yellow line. You included a
copy of your father's death
certificate, proof of your zipcar booking and your driving
licence details, to support ylour
claims.
Response
I have considered your points and I do not dispute your
mitigating circumstances therefore, I
would like you to please accept my condolences for your loss.
However, I must inform you that there is a London-wide ban at
all times on vehicles parking
on any part of the footway over which pedestrians have access.
According to parking
legislation in order to qualify for the exemption to park on a
footway for unloading / loading,
the vehicle must not be left unattended.
Please refer to parts 3.d, 3.d(i) and 3.d(ii) of the “Greater
London Council (General Powers)
Act” 1974 which clearly states that:
(3)A person shall not be convicted of an offence under this
section with respect to a vehicle if
he proves to the satisfaction of the court that the vehicle was
parked
(d)for the purpose of loading or unloading goods, 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.
As your vehicle was left unattended at the time the PCN was
issued, I must reject your
challenge.
I must therefore still request payment of £65.00 before the end
of the period of 14 days
beginning with the date of service of this letter. If payment is
not received within this time the
full amount of £130.00 will be due.
#Post#: 9681--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: Princeperch
Date: November 9, 2023, 12:02 pm
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I do not know how someone can get out of bed and write something
like that. Please accept my condolences but also fuck you pay me
the money.
Terrible people with absolutely no moral compass.
#Post#: 9682--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: Movieman9000
Date: November 9, 2023, 12:07 pm
---------------------------------------------------------
--- Quote from: Princeperch link ---
>
> I do not know how someone can get out of bed and write
something like that. Please accept my condolences but also ****
you pay me the money.
>
> Terrible people with absolutely no moral compass.
>
--- End Quote ---
yeah I know what you mean, this was an appeal on compassionate
grounds on another note Westminster Council were very quick to
dismiss the ticket I got with them,
and of course I'm pretty sure the staff will be on commission or
maybe lose a bonus if they don't meet / exceed certain targets.
Otherwise morally you wouldn't do it, I don't have the heart for
it. I don't blame the person who wrote this they just doing
their job. They have to go home at night and know what they've
done!
and its a good point you raised, morally being a traffic warden
can't be a rewarding job, a satisfying job, no one likes you,
even other traffic wardens don't like you lol.
but there you go, thanks for the help i received from this forum
and posters in the topic much appreciated :)
#Post#: 10006--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: ivanleo
Date: November 12, 2023, 6:50 pm
---------------------------------------------------------
Personally I would wait for the notice to owner and have another
go, formal representations are normally dealt with by slightly
more senior staff who have more discretion.
This is also a scenario where a tribunal adjudicator might
direct the authority to reconsider the mitigation, which works
two thirds of the time.
#Post#: 10019--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: H C Andersen
Date: November 13, 2023, 2:22 am
---------------------------------------------------------
I would carry on.
IMO, their reasoning is a procedural impropriety i.e. you
acknowledged being parked on the footway contrary to law but
asked them to exercise their power of discretion.
A refusal cannot be justified solely on the grounds of 'you did
it and the PCN was served correctly' because this misunderstands
the authority's role which is to consider whether they should
cancel the PCN based upon your representations and not simply to
determine the binary question of 'was the PCN issued correctly'
which is what they've done IMO.
#Post#: 10026--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: Movieman9000
Date: November 13, 2023, 3:35 am
---------------------------------------------------------
These feels like a double or quits 😂 I take it if I wait
for the NTO or go to tribunal I would have to pay 130 if I fail
.
Yeah it's a bit of a rough pill to swallow . Is there another
appeals process , or I have to wait until I get the NTO and then
appeal again
#Post#: 10037--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: fraser.mitchell
Date: November 13, 2023, 5:03 am
---------------------------------------------------------
--- Quote ---
> These feels like a double or quits
--- End Quote ---
That's exactly what it is ! This feature of parking enforcement
was put into the original legislation in 1991 and was designed
to encourage people to pay-up rather than take the matter to
adjudication. It works too, because less than 5% of PCNs issued
end up with the adjudicators.
#Post#: 10089--------------------------------------------------
Re: Tower Hamlets St Lawrence Street Code 62 parked one or more
wheels on curb
DIR By: Movieman9000
Date: November 13, 2023, 12:56 pm
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thanks guys, i don't know if i have the will power to fight
this, I agree its pretty shitty but to take this thing to
independent adjudicator (FYI what I've said is 100% the truth
not some elaborate story)
you are spot on it doesn't take into account the request, that
it be mitigated on circumstances. NOT whether it was issued
correctly that was never the question (of course it was, it was
obvious lol)
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