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#Post#: 335--------------------------------------------------
PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Green Garden
Date: June 22, 2023, 5:28 am
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Firstly, thanks to the administrators for such a wonderful &
necessary site.
I received a PCN from TfL for a:
"contravention 62:Parked with one or more wheels on or over a
footpath or any part of a road other than a carriageway.
The alleged contravention was seen and recorded by camera
operator number 116 who was observing real time pictures from an
approved device at the time stated and has been recorded on
digital storage media."
The images clearly show loading in action. The image of the
fully loaded (large estate) car shows the car loaded to the
degree that the boot doesn't fully close!
HTML https://drive.google.com/file/d/1JW4qd_afXB_E9Sga39j6oNMeY1BE4oZe/view?usp=sharing
It seems clear that there was therefore no contravention, due to
loading.
Mt question however is, due to obviousness of the loading
involved can i sue the council for anything, wasted time,
aggravation, etc. i received assistance from a more
knowledgeable friend who will happily produce an invoice for
consultation/guidance/advice etc...
I was thinking of sending the challenge in the post together
with an invoice for the above.
Is this possible, and if yes, under which grounds (legislation)?
Many thanks in advance.
#Post#: 336--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: John U.K.
Date: June 22, 2023, 5:40 am
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For meaningful advice please have a read of this
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post up here all sides of the PCN (redact name and address,
leave everything else in) and a GSV link to the location.
#Post#: 337--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Green Garden
Date: June 22, 2023, 6:01 am
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Thanks,
Here is a working link to scanned PCN. Sorry, I'm new to these
types of things.
HTML https://drive.google.com/file/d/1u_CyJZl5MZ6kW_QiM3d8iWBiq0vJF9jq/view?usp=sharing
I had read the "READ THIS FIRST - **BEFORE POSTING YOUR CASE!**"
I just didn't think any further info is relevant for this rather
general question.
If you do require any further info though, please just lmk.
#Post#: 340--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Chaseman
Date: June 22, 2023, 6:19 am
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I clicked on the Googledrive link but got the message "No
preview available, file is in owner's bin"
Without seeing the PCN I would surmise that you have been issued
the ticket precisely because you had wheels on the footpath
(which is banned as a general matter throughout London)
irrespective of whether you were loading or not. I am afraid
that loading does not convey a right to park on the footpath, it
does convey a right to park on a SYL while loading/unloading is
taking place. So I fear you are conflating two different issues.
#Post#: 341--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Chaseman
Date: June 22, 2023, 6:28 am
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The PCN does open up when viewed on the Pepipoo site for some
reason. The PCN was dated 17 May. That is more than 28 days ago.
What if anything have you done in the meantime?
#Post#: 343--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Green Garden
Date: June 22, 2023, 7:09 am
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Would you happen to know which legislation contravention code 62
comes under?
I found it under Greater London Council (General Powers) Act
1974, section 15, which does allow for loading.
HTML https://www.legislation.gov.uk/ukla/1974/24/section/15#:~:text=(d),was%20so%20parked
Have i perhaps got the wrong/outdated legislation?
See also the London Councils page on Footway parking:
HTML https://www.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-advice-members-public/footway-parking
We only received this last week, hence the delay in dealing with
it!
#Post#: 347--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Chaseman
Date: June 22, 2023, 9:59 am
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You are right about the 1974 legislation. However there is a
proviso on loading which is:
for the purpose of loading or unloading goods [F6for a period
not exceeding 20 minutes or such longer period as the council
may permit], 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.
Satisfying both of those might be tricky but you know the
circumstances. If there was a camera trained on you would you be
comfortable saying the car was not left unattended at any time?
And was it strictly necessary to park on the pavement in order
to load?
How come you only got the PCN last week? Has the envelope got a
postmark on it by any chance? Are you the registered keeper i.e.
your name is on the V5 with your current address? As far as the
Council is concerned you have had the PCN for more than 28 days
and you have neither paid it nor appealed it so a Charge
Certificate is very likely on its way.
#Post#: 382--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: ivanleo
Date: June 23, 2023, 9:33 am
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I see you made representations today, so if you're lucky they
might not issue a charge certificate.
However in the meantime, please phone TFL and ask for the video.
They will send you a DVD in the post and the penalty should
remain on hold while you wait.
#Post#: 11025--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: Green Garden
Date: November 23, 2023, 9:14 am
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Dear cp8759 or anyone else,
Sorry for the very long delay, we’ve had family issues amongst
other matters, and this went to wayside.
Thanks for your reply and once again many thanks to you
wonderful people helping the public achieve justice.
As an update,
I made a representation (attached)
They replied (attached), and as usual, didn’t directly address
the point I made in my representation.
I wanted to appeal, but unfortunately haven’t, for the
aforementioned reasons.
We now received a call from a recovery agent who tried to visit
my property, wanting £559 !
Apparently, we were sent letters, however the house is a
building site, and has been completely gutted. Hence, mail is
bound to get lost or end up in a skip. Which is why the agent
found nobody in, not even the wife with our new baby girl !
I specially provided an email address on the representation, as
that is safe.
I know a lot of time has passed and we’re way out of the appeals
window.
Is there anywhere I can turn too?
Happy to pay someone to deal with it, even better if they can
then claim costs back from TfL !
Many thanks
[attachment deleted by admin]
#Post#: 11034--------------------------------------------------
Re: PCN 62: Parked with one or more wheels on.... images clearly
show loading in action! can I sue TFL?
DIR By: fraser.mitchell
Date: November 23, 2023, 1:24 pm
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So, if I'm right, you received the Notice of Rejection and then
ignored it, correct ? You had two choices, (1) pay the PCN (s),
and (2) register an appeal at London Tribunals. So why did you
ignore this letter ?
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