Author Topic: Bromley Council - parked on yellow line  (Read 1516 times)

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Re: Bromley Council - parked on yellow line
« Reply #15 on: »
Hi,
I have now received the NTO, 3 pages attached.
I have written the formal appeal as follows -

This is my formal challenge to your PCN.

As I said in my previous appeal, I was unloading the car after shopping.

Your reply " stopping for a short period of time, even just a few minutes to park outside of your home, is not permitted" is incorrect.

You have failed to consider the points I made, and nor did I stop to park.

My partner, who is the owner of the car was with me and at the time she had difficulty walking as she was awaiting knee surgery (she had this on Feb 15th). She was also recovering from a gallbladder op which she had 2 weeks previously, so no way was I going to search for a parking bay to unload the shopping and make her walk up to 60 yards.

Also the fact that you waited nearly 3 months to reply to my informal appeal is out of order.

I  have since revisited your informal appeal process and there are now options to select a reason to challenge the PCN  by stating



I was loading/unloading at the time

I was picking up/dropping off a passenger



These options weren't listed when I sent my informal appeal.


Yours sincerely.


Any replies on whether this appeal would work?

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Re: Bromley Council - parked on yellow line
« Reply #16 on: »
By the way, I haven't sent the appeal yet. I am awaiting any feedback from you.

Re: Bromley Council - parked on yellow line
« Reply #17 on: »
Anyone with any advice for formal challenge ?

Re: Bromley Council - parked on yellow line
« Reply #18 on: »
Your reps look OK to me. What they will probably do is reject them and re-offer the discount. They do this because they know that almost all people then just cough-up. Of course, if they reject and don't re-offer the discount, it is then a total no-brainer to take them to London Tribunals, as the penalty does not increase and there are no additional costs. As unloading is a lawful exemption to yellow lines, you would be justified in asking for costs, because denying a legal exemption is wholly unreasonable.

Re: Bromley Council - parked on yellow line
« Reply #19 on: »
Thanks for the advice.
I will submit my formal challenge and report back with their reply.
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Re: Bromley Council - parked on yellow line
« Reply #20 on: »
Today I received a rejection letter from Bromley council for the formal appeal.
As in the previous appeals they have ignored my point of dropping off a passenger who was awaiting a knee op and had difficulty walking.  They have said that the concession for unloading only applies if you have heavy or bulky goods and that if they can be carried by hand the concession does not apply. They are now asking for £130 within 28 days or I can appeal to the parking adjudicator.

Re: Bromley Council - parked on yellow line
« Reply #21 on: »
Traffic order is on its way.

Hi cp8759,
Did you get the traffic order ?

Re: Bromley Council - parked on yellow line
« Reply #22 on: »
The traffic order is The Bromley (Waiting and Loading Restriction) Order 2003 but I am yet to receive the amending orders for North Road.

Ultimately however the traffic order doesn't matter: there is an exemption to waiting restrictions for boarding and alighting, even where loading restrictions are in place. The only way to prohibit this is to create a no-stopping prohibition such as a red route, a clearway, a box junction, pedestrian zig-zags or school clearway markings, none of which are relevant here.

This should therefore be winnable on appeal as long as the arguments are made correctly, I will drop you a PM in case you'd like to be represented.

It would be useful to see the actual notice of rejection, but frankly at this point I'd recommend you appeal no matter what it says.

As an aside there is no right to an observation period, if there had been no exempt activity taking place the council would have been entitled to enforce an instant PCN, as there is no grace period in law. Observation periods only exist to reduce the risk of incorrectly issued PCN owing to exempt activity happening out of sight of the CEO, but if there is no exempt activity and the CEO takes his chances by issuing an immediate PCN, that is not a ground of appeal.
« Last Edit: June 16, 2024, 06:01:16 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Bromley Council - parked on yellow line
« Reply #23 on: »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Bromley Council - parked on yellow line
« Reply #24 on: »
Another great win against these steward of the bar. So arrogant and ignorant. That rhymes too.

Well done for staying the course. Please spread the word.  ;D
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r