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#Post#: 8124--------------------------------------------------
Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: bertie21980
Date: October 22, 2023, 8:48 pm
---------------------------------------------------------
Hello everyone,
I received a PCN through the post for parking in a residential
bay. I was out delivering to a customer on the same road for
about 2 minutes. I parked, went into the building up 4 flights
of stairs (no lift) and then came back all in the space of about
2 minutes. I seem to recall seeing the CEO taking a picture of
my vehicle and I told him that I'm delivering. His reply was
that I was parked in a residential bay and then walked off. I
observed the CEO walking away and checking other vehicles. After
about another minute, I drove off.
Anyway, here is the PCN...
HTML https://i.imgur.com/5BFmT2p.jpeg
google street view
HTML https://maps.app.goo.gl/Cbk9wrWr927rdaZD6
As you can see, it says the CEO drove off before issuing a
ticket which I find to be completely untrue. If I saw the CEO
producing a ticket then I would of explained to them properly.
Also, there are several pictures of my vehicle in the hackney
council website but they are all timestamped and it shows that
all of the pictures were taken in one minute (1904 hrs). There
was one picture of the road where my vehicle was parked but it
shows that it was taken 3 minutes after (1907 hrs).
Here is pics from PCN website...
HTML https://i.imgur.com/q9n8L0M.jpeg
HTML https://i.imgur.com/wxkR7Xu.jpeg
And here are my delivery notes that I will use for my appeal...
HTML https://i.imgur.com/KlJYsD4.jpeg
HTML https://i.imgur.com/wxkR7Xu.jpeg
And I could easily appeal as I have done so in the past but I
get the impression that something is not right. The delivery
took about 3 minutes to do. There is no evidence that the CEO
was preparing a ticket before I drove off and the time stamps on
the pics shows that the CEO didn't even bother to give adequate
time before deciding that a ticket should be issued. Even on the
PCN website,, it says the ticket was issued at 1909 hours but
their own evidence (the pic where my van is no longer there)
suggest that I had left 2 minutes before they decided to issue a
ticket.
So, I would like to see if any of you guys could help out in
maybe taking this further than lodging a normal appeal or should
I just forget about it and appeal and get it over with?
#Post#: 8205--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: ivanleo
Date: October 23, 2023, 3:09 pm
---------------------------------------------------------
If the vehicle was not driven away before service could be
effected, then service of a postal PCN is a procedural
impropriety, we've won on this point before. I suggest you post
up a draft of what you would normally send, and I will add some
wording to cover this additional point.
#Post#: 8251--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: bertie21980
Date: October 23, 2023, 8:41 pm
---------------------------------------------------------
--- Quote ---
> I am challenging the PCN on the grounds that I was engaged in
the exempt activity of loading and unloading in a residential
bay.
>
> I am a delivery driver for ***** and I deliver regularly
within the London area. These range from street-based retail
outlets to corporate clients with penthouse offices and security
arrangements. On the day in question, I was parked in Calvert
Avenue delivering food boxes to a customer that resides on
Cleeve House in Calvert Avenue.
>
> I have attached documents showing evidence of the company I
work for, the time of my delivery and the times that I was
located in the area. Its unfortunate that the officer didn't
observe me and I didn't have a permit badge displayed, but the
rules do state that unloading my vehicle with goods can take
place in parking bays.
>
> Hopefully, with that in mind and with the documents attached,
you will see its necessary to cancel the ticket.
--- End Quote ---
This above would be my normal replay but I would love to add in
more including...
- The CEO acknowledge me, walked away and made no attempt to
produce a ticket while I was stationary in my vehicle
- The CEO claimed he was observing my vehicle for 5 minutes but
I was parked for only 3 minutes
#Post#: 8253--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: H C Andersen
Date: October 24, 2023, 2:39 am
---------------------------------------------------------
Is there a CEO photo timed at 19.09 or just before with your
vehicle at the location?
There is one without your vehicle but none posted with it in
situ.
The PCN claims that the time of contravention was 19.09.
A PCN must state: c)the date on and the time at which the
alleged contravention occurred,
If your vehicle wasn't at the location at the time then no
contravention occurred at that time.
#Post#: 8309--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: bertie21980
Date: October 24, 2023, 5:02 pm
---------------------------------------------------------
No I drove off before 1909. The CEO took a picture of where my
van was parked at 1907.
On the PCN notice it says observed at 1909 but when I go to
challenge online it says -
First seen at Thu, 12 Oct 2023 19:03
Issued at Thu, 12 Oct 2023 19:09
But I left at 1907 as the picture that the CEO has taken, which
is timestamped clearly shows this.
#Post#: 8603--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: ivanleo
Date: October 28, 2023, 5:51 pm
---------------------------------------------------------
Here you go:
[indent]
Dear London Borough of Hackney,
I am challenging the PCN on the grounds that I was engaged in
the exempt activity of loading and unloading in a residential
bay.
I am a delivery driver for ***** and I deliver regularly within
the London area. These range from street-based retail outlets to
corporate clients with penthouse offices and security
arrangements. On the day in question, I was parked in Calvert
Avenue delivering food boxes to a customer that resides on
Cleeve House in Calvert Avenue.
I have attached documents showing evidence of the company I work
for, the time of my delivery and the times that I was located in
the area. Its unfortunate that the officer didn't observe me and
I didn't have a permit badge displayed, but the rules do state
that unloading my vehicle with goods can take place in parking
bays.
Hopefully, with that in mind and with the documents attached,
you will see it's necessary to cancel the ticket.
Should you not be so minded, I draw your attention to the fact
that the CEO acknowledged me, walked away and made no attempt
to produce a ticket while I was stationary in my vehicle, it
therefore does not appear that the CEO had started to prepare
the PCN before I drove away. Had the CEO told me he was
preparing a PCN, I would have waited and accepted service at the
roadside.
As the CEO could have served the PCN there and then and choose
not to do so, there is no power to serve a postal PCN.
In any event the time of contravention on the PCN is 7:09 pm,
and the evidence shows that I had driven away by then. The fact
that the CEO might have thought that a contravention occurred a
few minutes earlier is neither here nor there, as no
contravention occurred at the time alleged the penalty charge
notice must be cancelled.
Yours faithfully,
[/indent]
#Post#: 8804--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: bertie21980
Date: October 30, 2023, 9:42 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> Here you go:
>
> [indent]
> Dear London Borough of Hackney,
>
> I am challenging the PCN on the grounds that I was engaged in
the exempt activity of loading and unloading in a residential
bay.
>
> I am a delivery driver for ***** and I deliver regularly
within the London area. These range from street-based retail
outlets to corporate clients with penthouse offices and security
arrangements. On the day in question, I was parked in Calvert
Avenue delivering food boxes to a customer that resides on
Cleeve House in Calvert Avenue.
>
> I have attached documents showing evidence of the company I
work for, the time of my delivery and the times that I was
located in the area. Its unfortunate that the officer didn't
observe me and I didn't have a permit badge displayed, but the
rules do state that unloading my vehicle with goods can take
place in parking bays.
>
> Hopefully, with that in mind and with the documents attached,
you will see it's necessary to cancel the ticket.
>
> Should you not be so minded, I draw your attention to the fact
that the CEO acknowledged me, walked away and made no attempt
to produce a ticket while I was stationary in my vehicle, it
therefore does not appear that the CEO had started to prepare
the PCN before I drove away. Had the CEO told me he was
preparing a PCN, I would have waited and accepted service at the
roadside.
>
> As the CEO could have served the PCN there and then and choose
not to do so, there is no power to serve a postal PCN.
>
> In any event the time of contravention on the PCN is 7:09 pm,
and the evidence shows that I had driven away by then. The fact
that the CEO might have thought that a contravention occurred a
few minutes earlier is neither here nor there, as no
contravention occurred at the time alleged the penalty charge
notice must be cancelled.
>
> Yours faithfully,
> [/indent]
>
--- End Quote ---
This sounds great. I was thinking of producing a more attacking
but badly worded appeal so I'm glad I won't have to do this now
;D I will update on the outcome as soon as I get it
#Post#: 11257--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: bertie21980
Date: November 25, 2023, 8:43 pm
---------------------------------------------------------
HTML https://i.ibb.co/gwSvM4R/calvert-avenue-appeal-hackney-reply-letter.png
letter
HTML https://ibb.co/bLsHgbK
Thanks for your help guys. I finally got a reply back from
Hackney Council telling me the ticket ahs been cancelled. They
actually emailed to me 3 days ago but I only just checked
recently. The reason for cancelled the ticket does confuses me
as I thought I had a good reason for them to actually cancel the
ticket? Nevertheless, it is the outcome I expected
#Post#: 11297--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: ivanleo
Date: November 26, 2023, 8:11 am
---------------------------------------------------------
Personally email them and ask what the technicality was.
#Post#: 11433--------------------------------------------------
Re: Hackney - Parked in a resident parking place while out
delivering - Calvert Avenue, E2
DIR By: bertie21980
Date: November 27, 2023, 9:25 pm
---------------------------------------------------------
ok I will do that. I'm guessing that emailing them to
info@hackney.gov.uk enquiring will be good. I will keep you
updated
--- Quote ---
> Dear Sir or Madam,
> I recently got a reply to my appeal for a PCN stating that my
appeal was approved. Not because of the evidence that I produced
but due to a technicality. Could you please give more
information of this so called technicality or to please pass on
the relevant contact details so I can take this enquiry further?
> Regards,
--- End Quote ---
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