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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 6904--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: fraser.mitchell
Date: October 6, 2023, 5:33 pm
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All you can really submit in your representations is a request
for them to apply mitigation, based on your narrative given to
us, and ask that on this ocasion, the PCN be cancelled. Be
aware that if refused and you take the matter further, the
adjudicators cannot apply mitigation, it is in the sole power of
the council. In addition, the full PCN penalty would be in play.
#Post#: 6951--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: ivanleo
Date: October 7, 2023, 10:42 am
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I disagree, here's what I would send:
[indent]
Dear Milton Keynes Council,
I challenge liability on the grounds that the alleged
contravention did not occur. At the time when the CEO observed
my vehicle, I was engaged in loading and assisted boarding. For
context, I had stayed in the travelodge hotel and was in the
process of leaving, when the CEO observed my car I was making my
way back to the vehicle with my elderly father and around 20 KG
of luggage. I was accompanying my father to Heathrow airport and
his flight was due to take off at 11 am.
While I appreciate why the CEO might have thought I was in
contravention, if he had observed the vehicle for only a couple
more minutes he would have seen me return to my vehicle and it
would have been obvious to him that I was engaged in loading
bulky luggage.
In the circumstances the alleged contravention did not occur.
[/indent]
Obviously we don't know at this stage if the traffic order has a
loading exemption, but almost all TROs we see have such an
exemption so we might as well have a go.
#Post#: 6972--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: H C Andersen
Date: October 7, 2023, 1:26 pm
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It's a toss up really between asking them to exercise discretion
and contesting liability with a story which as yet has no
backing as regards evidence.
OP,is checking out a formal process, if so there might be a
record?
As you are beyond the discount period you're in for the full
penalty anyway unless it's re-offered. Can you bolster your
challenge with anything of substance e.g. your dad's age, any
physical conditions etc.
IMO, you should pre-empt the council's possible cynical view
which would be that you displayed the Travelodge's permit, but
parked in the wrong place and had been in contravention anyway
for nearly an hour. Your posts here imply that you knew of the
restriction but thought that at 8am you'd be safe.
IMO, there's nothing wrong with combining both suggested
approaches and ask them to exercise discretion should they feel
they haven't got sufficient reasons to cancel under your main
grounds, for example if your loading and assisted boarding are
not exemptions to the restriction. I think the last point is
important, you want them to declare two things: whether loading
and assisted boarding are exemptions(and whether they consider
that your submission meets their threshold; and why, if they do
not exercise discretion, they are not minded to do so on this
occasion. At present the challenge doesn't draw them on these
essentials but simply asserts and invites a thinly reasoned
rejection.
And remember, you also want to encourage them to re-offer the
discount.
#Post#: 6977--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: bebu
Date: October 7, 2023, 3:26 pm
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Interesting. Many thanks guys. I re-worded my appeal as thus
Dear Milton Keynes Council,
I challenge liability on the grounds that the alleged
contravention did not occur and in this case, a waiver based on
compassionate grounds. At the time when the CEO observed my
vehicle, I was engaged in loading and assisted boarding. For
context, I had stayed in the travelodge hotel and was in the
process of leaving, when the CEO observed my car I was making my
way back to the vehicle with my elderly father and around two 20
KG of luggage (Total of over 40kg and a hand luggage, for my dad
and my own personal luggage. Total of 4 luggages). I was
accompanying my aged father to Heathrow airport and his flight
was due to take off at 11 am.
My father is 87 ( in January) and a widower (This can easily be
confirmed as he flew BA)
Notably I returned to the vehicle around 7.53am (With the 1st
sets of luggage) and the ticket was issued at 7.52am
While I appreciate why the CEO might have thought I was in
contravention, if he had observed the vehicle for only a couple
more minutes he would have seen me return to my vehicle and it
would have been obvious to him that I was engaged in loading
bulky luggage. I then drove around the complex, but did not see
him ( Despite driving around the complex ) We departed the
premises at 8.04am ( See whatsapp message to my cousin, I repeat
the ticket was issued 7.52am)
In the circumstances the alleged contravention did not occur
I have attached a screenshot of my whatsapp message to my
cousin, who was to meet us at the airport in Heathrow. Sent at
8.04am, telling him we were loaded up and leaving for heathrow
The time on my phone reads 8.19am ( As my phone is 15mins
fast,as I intentionally set it as so, to keep me on time at
work) I have also attached a copy of a screenshot of my cousin
and brothers phone (which shows the correct time)
There is no way, I can ask my 87 year old father to walk to the
back of the complex with over 50kg of luggage. Neither can I
carry it alone, as I had driven 4 hours to MK and then 1 hour to
the airport and 1 hour back to London and 4 hours back home.
In lieu of the above, I hereby request the charges be waived
Many thanks
#Post#: 6978--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: bebu
Date: October 7, 2023, 3:29 pm
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The other thing, is which option do I chose ?
Parking
16-Parked in a permit space without displaying a valid permit
We will consider your appeal according to our appeals policy. If
your reason for appeal is not listed in the policy, we are
unlikely to accept it. However we will still consider your case
individually.
Pay and display (P&D) or Cashless
The following circumstances are relating to scenarios involving
P&D tickets or cashless parking sessions.
Select a reason:
I had a Pay and Display (P&D) ticket
I made a mistake when purchasing my pay and display (P&D)
ticket
I paid by phone or app
I was in a rush and forgot to pay
The ticket machine was broken and I couldn't purchase a P&D
ticket
Permits
The following circumstances are relating to scenarios involving
parking permits.
Select a reason:
I had a permit
Blue Badge
The following circumstances are relating to scenarios involving
Blue Badges
Select a reason:
I had a Blue Badge
Emergency / beyond driver's control
Reasons that relate to something unexpected happening to the
motorist that must be seen to immediately
Select a reason:
I became unwell while driving
I had to see to my child as they needed the toilet
My passenger became unwell while I was driving
My vehicle had broken down
My vehicle was cloned
My vehicle was stolen
PCN wrongly / unfairly issued
Reasons where it may appear that the PCN was issued unfairly or
incorrectly.
Select a reason:
I only stopped for a few minutes
I was not the driver
I was not the owner of the vehicle
I was only a few minutes late back to my vehicle
I was unaware of the rules
The vehicle was on hire to someone else
There was nowhere else to park
I have already paid the PCN
Other
Other reasons we have received that do not fall into one of the
above categories.
Select a reason:
I didn't see any signs or lines
I was loading / unloading at the time
None of the above
If none of the above reasons apply, and you wish to challenge
your PCN, please select below:
Select a reason:
Any other reason
#Post#: 7033--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: ivanleo
Date: October 8, 2023, 1:44 pm
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I would go for "any other reason".
#Post#: 7677--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: bebu
Date: October 18, 2023, 3:14 am
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Winning team :) :D ;D 8) ::) :P
Just got an email today that the PCN has been cancelled, good
will gesture
Thank you everyone. Whoop ! Whoop !!
#Post#: 7870--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: bebu
Date: October 20, 2023, 9:19 am
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I had a PCN also from heathrow airport, I drove throw the
terminal 5 drop off location.
I later drove my dad into the parking lot and paid on exit, I
then got a PCN in the post, saying I did not pay at the drop off
location
So I sent an explaination that I had paid 4x at the parking lot
and got let off
Results ............!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :D ;D
:o 8) ::) ;)
My sincere appreciation to everyone. Thank you
#Post#: 8530--------------------------------------------------
Re: Ticket issues at 7.52am sunday at Milton Keynes travelodge
DIR By: ivanleo
Date: October 27, 2023, 10:10 am
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For future reference, here is The Council of Borough of Milton
Keynes (Central Milton Keynes) (On-Street Standard Tariff
Parking Places) Consolidation Order 2020
HTML https://drive.google.com/uc?id=17OOaUeEcfsppuR9PVD61qIl_ZJYPKtwA.
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