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#Post#: 9796--------------------------------------------------
Thurrock, c05, Derby Bridge Road
DIR By: jays86
Date: November 10, 2023, 1:38 pm
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Hi
I was parked on Derby Bridge Road for a meeting, and had
displayed a ticket in my vehicle. Unfortunately, when leaving
the meeting I slipped down the steps, twisted my ankle and hurt
my knee. The organisation I met with helped me back inside the
building, cleaned me up and then sent me on my way.
Unfortunately, due to the injury it took me longer to get back
to my vehicle and my Pay and Display Ticket had expired. Is
there any chance of successfully appealing this? The
organisation I met with would be able to confirm that this
happened if this is lively to help.
Or are there any issues with the ticket/wording?
Thanks in advance!
HTML https://i.imgur.com/Be5IlnL.jpg
HTML https://i.imgur.com/7BFH2IP.jpg
#Post#: 9809--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: fraser.mitchell
Date: November 10, 2023, 5:08 pm
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Obviously the CEO is blameless, as all he saw was a car parked
beyond the paid time, knowing nothing about the circumstances.
However, staff in their parking department are obliged to
consider any representations you submit, so it would be best if
you submitted informal reps against the PCN giving the
circumstances, and backing this up with some evidence of your
fall. Statutory guidance has something to say on this: -
--- Quote ---
> An authority has a discretionary power to cancel a PCN at any
point throughout the process. It can do this even when an
undoubted contravention has occurred if the authority deems it
to be appropriate in the circumstances of the case.
>
> Under general principles of public law, authorities have a
duty to act fairly and proportionately and are encouraged to
exercise discretion sensibly and reasonably and with due regard
to the public interest. Failure to act in accordance with the
general principles of public law may lead to a claim for a
decision to be judicially reviewed.
>
> Enforcement authorities have a duty not to fetter their
discretion, so should ensure that PNCs, NtOs, leaflets and any
other advice they give do not mislead the public about what they
may consider in the way of representations.
>
> They should approach the exercise of discretion objectively
and without regard to any financial interest in the penalty or
decisions that may have been taken at an earlier stage in
proceedings.
--- End Quote ---
You can read the guidance here: -
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions
Under the Traffic Management Act, councils must have regard to
the guidance.
So, if you're going to submit reps, post a draft here first for
review. Then after submission, post up their reply when you get
it.
#Post#: 9840--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: ivanleo
Date: November 11, 2023, 7:12 am
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The PCN wording is defective, but there's some more basic
problems for the council:
HTML https://i.imgur.com/s8u5HYO.png
HTML https://i.imgur.com/8zWokSt.png
HTML https://i.imgur.com/PPxfAfe.png
HTML https://i.imgur.com/TI8kTxR.png
HTML https://i.imgur.com/V9BSIrM.png
HTML https://i.imgur.com/LNB4dJc.png
HTML https://i.imgur.com/bpcHPNN.png
There is precisely zero evidence of signage, so there's no
prima-facie contravention. That being said, I would keep all
technical arguments for a much later stage, you have what
amounts to reasons beyond your control for not moving the
vehicle and that is normally an exemption in the traffic order.
Have you been to see your GP, or called 111, or do you have any
other medical evidence of your injury?
In the meantime I'll get hold of the traffic order.
#Post#: 10727--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: jays86
Date: November 20, 2023, 11:09 am
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Draft reps below for comment, the letter from The Community
House should be with me tomorrow morning.
Dear Sir/Madam
I am writing with regards to PCN TK03017674. On arriving at the
bay I paid for parking until 11.01 as I was attending a meeting
which was due to last until 10.30 and this time allowed for any
overrun of the meeting. I left The Community House at 10:55 to
make my way back to my vehicle, however, as I was exiting down
the steps of the building I slipped and fell, twisting my ankle
and injuring my knee. One of the Trustees of The Community House
who I had met with came to my assistance and took me back into
the building to administer First Aid, including cleaning my knee
and strapping my ankle. After First Aid had been administered I
made my way back to my vehicle, arriving back to it around 11.18
which was the earliest that I could do given the unexpected
delay, injury, and it then taking me longer to walk to my
vehicle on the way back.
I attach a letter from The Community House confirming that I
attended a meeting there, and that they administered First Aid
as a result of me slipping on the steps when leaving the
building.
#Post#: 10875--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: ivanleo
Date: November 21, 2023, 6:59 pm
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That looks good, send it off and let's see what they say.
#Post#: 12201--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: ivanleo
Date: December 11, 2023, 10:17 am
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For later:
The Borough of Thurrock (Stopping, Waiting, Loading and
On-street Parking) Order 2017
HTML https://drive.google.com/uc?id=1HkPFiq_ce_NcyznqA2j4r1nsmGOizm1j
Notice of variation of charges
HTML https://drive.google.com/uc?id=1D4Md6XBozqCnOFIMT9r8lBBdlgDxyrAR
#Post#: 12444--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: John U.K.
Date: December 14, 2023, 12:57 pm
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You may wish to repost with your name & address redacted.
#Post#: 12452--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: jays86
Date: December 14, 2023, 2:20 pm
---------------------------------------------------------
--- Quote from: John U.K. link ---
>
> You may wish to repost with your name & address redacted.
>
--- End Quote ---
Thanks John!
Here's the response below, they have just classed it as an
overunning meeting and not acknowledged that it was due to an
injury that I was delayed returning to my vehicle. Any
suggestions as to next steps from here?
HTML https://i.ibb.co/kJsFwq4/Adobe-Scan-14-Dec-2023.jpg
HTML https://ibb.co/6875TDH
#Post#: 12705--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: jays86
Date: December 20, 2023, 2:18 am
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Am I right in thinking at this stage it's just a case of waiting
for the NTO?
#Post#: 12706--------------------------------------------------
Re: Thurrock, c05, Derby Bridge Road
DIR By: fraser.mitchell
Date: December 20, 2023, 3:58 am
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Yes, but why do you say they have taken your witness statement
as an over-running meeting if it describes your fall and
subsequent delay in getting back to your car ? Is the witness
statement specific on this fall ? You might care to post it
here, suitably redacted, of course.
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