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#Post#: 13523--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: dexx99 Date: January 9, 2024, 4:57 pm
---------------------------------------------------------
Hi CP8759,
Firstly, apologies for my late post as again I have been ill
again due to my condition. :(
I still don't feel the best, but know tomorrow is the deadline
to submit Reps on-line. I have done my best to provide
mitigation as grounds for appeal, but I guess it is a mute point
in any case as the primary hope is to provide a link to an image
that Hillingdon Parking services omit to consider.
Please review the grounds below and amend as you see fit:
----------------------------------------------------------------
-----------------------------------
Dear Sir/Madam,
On 16/10/23 I parked my vehicle at what I interpreted to be a
blue signpost permitting unrestricted pavement parking on
Monmouth Road, Hayes.
Upon return to my vehicle, I discovered a parking charge notice
(HN13693833) affixed to my vehicle. The parking charge notice
alleged that I had contravened: ‘62 - Parked with one or more
wheels on or over a footpath or ant part of a road other than a
carriageway.
I am not in breach of this contravention for the following
reasons;
•
the date the alleged contravention occurred. Please consider as
evidence the image via the attached link to provide the context
of the direction of travel and approach to the signage that led
me to believe pavement parking was permissible:
•
unrestricted and permissible area to park with one or more
wheels on or over a footpath.
•
inconvenience pedestrians, people in wheelchairs, those with
visual impairments, and people with prams and pushchairs.
•
diligence to park safely as I am loathe to cause any potential
danger especially where vulnerable pedestrians and road users
are concerned.
•
protections provided under the Equality Act 2010, Schedule 13,
s.98 I believe it would be discriminatory on the part of the
London borough of Hillingdon to reject the afforded protection
as grounds for appeal.
•
that LBOH would be found to be failing in its duty to show
reasonable discretion in accordance with The EA 2010 S13, s98.
•
discrimination and disadvantage. I believe that you should
cancel my ticket on the basis The Equality Act 2010 Schedule 13
Section 98, requires ‘reasonable adjustment’ to be applied in
the case of a persons who suffer from a mental health
Disability.
Considering the above it is clear that I am not liable for the
parking charge, and I request that the parking charge notice is
cancelled accordingly.
Your Sincerely,
----------------------------------------------------------------
--------------------------------------
CP8759, please find the image uploaded to imgur.com as suggested
to create the necessary link we need to monitor if Parking
services consider it as required or not:
[img width=1100 height=547]
HTML https://i.imgur.com/cCoB8aB.png[/img]
Thanks for all your support with this and let me know if you
require anything further to make Reps by the required deadline
tomorrow of 10th Jan.
#Post#: 13573--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: dexx99 Date: January 10, 2024, 6:04 pm
---------------------------------------------------------
I submitted the appeal as posted in the end to meet the appeal
deadline today.
Hopefully I have setup the link correctly to monitor if Parking
services click on the image provided or not, fingers crossed
they fail in that obligation to get me off the hook!
#Post#: 14519--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: dexx99 Date: January 29, 2024, 6:52 am
---------------------------------------------------------
Hi All,
I just received the NOR from LBOH so please find the details
below:
[img width=1100
height=1514]
HTML https://live.staticflickr.com/65535/53495295321_1fccec5b4b_h.jpg[/img]
HTML https://flic.kr/p/2pvcnxXIMG_20240129_0002_1
HTML https://flic.kr/p/2pvcnxX
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1514]
HTML https://live.staticflickr.com/65535/53495441868_d33f3e54dd_h.jpg[/img]
HTML https://flic.kr/p/2pvd87CIMG_20240129_0003_1
HTML https://flic.kr/p/2pvd87C
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1390]
HTML https://live.staticflickr.com/65535/53495710965_81bd535aaf_h.jpg[/img]
HTML https://flic.kr/p/2pvev7eIMG_20240129_0004_1
HTML https://flic.kr/p/2pvev7e
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1514]
HTML https://live.staticflickr.com/65535/53495594859_d1e0405e8f_h.jpg[/img]
HTML https://flic.kr/p/2pvdUApIMG_20240129_0005_1
HTML https://flic.kr/p/2pvdUAp
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1487]
HTML https://live.staticflickr.com/65535/53495441843_da6da8da8a_h.jpg[/img]
HTML https://flic.kr/p/2pvd87cIMG_20240129_0006_1
HTML https://flic.kr/p/2pvd87c
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1474]
HTML https://live.staticflickr.com/65535/53495594844_7f73f47bee_h.jpg[/img]
HTML https://flic.kr/p/2pvdUA9IMG_20240129_0007_1
HTML https://flic.kr/p/2pvdUA9
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1514]
HTML https://live.staticflickr.com/65535/53495710955_a8a6f0a1e2_h.jpg[/img]
HTML https://flic.kr/p/2pvev74IMG_20240129_0008_1
HTML https://flic.kr/p/2pvev74
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
[img width=1100
height=1423]
HTML https://live.staticflickr.com/65535/53494405242_d32d30eae3_h.jpg[/img]
HTML https://flic.kr/p/2pv7NXLIMG_20240129_0009_1
HTML https://flic.kr/p/2pv7NXL
by Dexx99
HTML https://www.flickr.com/photos/199362893@N06/,
on Flickr
Really appreciate your guidance whether it's best to pay the
lower reinstated charge of £55 or as CP8759 suggested I have
credible grounds to win on appeal to the Parking Adjudicator
using the evidence that Parking services did not consider the
image I uploaded with my Reps as tracking shows no clicks?
#Post#: 14525--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: Hippocrates Date: January 29, 2024, 8:38 am
---------------------------------------------------------
1. Failure to consider?
2. Date in which to pay the full rate?
#Post#: 14584--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: ivanleo Date: January 29, 2024, 6:24 pm
---------------------------------------------------------
There's an argument to be made around the issue of the
resolution, but the payment date being wrong looks pretty open
and shut. I don't think there's many adjudicators who would
refuse an appeal in this case.
However no appeal is risk-free, so dexx99 needs to decide
whether he wants to carry on.
#Post#: 14591--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: dexx99 Date: January 29, 2024, 10:55 pm
---------------------------------------------------------
Hi Guys,
I have taken it this far so I am happy to appeal and I
understand that isn't without a level of risk.
Just for clarification what exactly is incorrect with the
payment date as stated as I am not aware?
CP8759 I take it I would also appeal to the PA as Hippocrates
mentions for failure to consider too or is that a mute point if
we have them on payment date being incorrect?
I'd be extremely grateful for the skeleton argument to make my
appeal and the exact date I need to submit that by as no point I
presume to submit that on-line earlier than necessary?
Thanks as always for all your great help! :)
#Post#: 14814--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: ivanleo Date: February 1, 2024, 5:38 pm
---------------------------------------------------------
The 28 day period to pay the full charge is from the date of
service, not the date of the notice, so they've cut it short by
at least two days.
You don't need a skeleton argument to file an appeal.
Would you like to be represented or do you want to represent
yourself? Whatever you do, the key is to request a hearing and
not opt for a decision on the papers.
#Post#: 14836--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: Hippocrates Date: February 2, 2024, 5:02 am
---------------------------------------------------------
I would suggest the OP needs representation and to include all
valid points.
#Post#: 14990--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: dexx99 Date: February 4, 2024, 12:36 pm
---------------------------------------------------------
Hi Guys,
If I opt for representation so that I presume means to attend in
person. What does representation entail and obviously cost is an
important factor for me.
Btw,Thanks again to helping me to get to this stage to everyone
involved.
#Post#: 14993--------------------------------------------------
Re: Hillingdon, Code 62 Parked with one or wheels on or over foo
tpath, Monmouth Road, Hayes, Middx
By: John U.K. Date: February 4, 2024, 1:09 pm
---------------------------------------------------------
Personal hearings are done in person or by telephone. If you opt
to have one of the experts here to represent you, then this
person will attend in person or by 'phone as your rep. You may,
of course, also be present. If you wish to be represented,
contact CP8759 (Reply#26) with a PM.
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