Author Topic: Islington, code 01, Hornsey Street N7, DYL, , Tesco Charity Food Collection  (Read 167 times)

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markie76

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Hello,

On Sunday 24 November at 20:45 - Islington code 01 PCN in Hornsey Street N7 as I parked adjescent to the end of the wheelchair ramp from Tesco to do my charity food collection at 20:30 (OLIO).

I got to Hornsey Street just after 20:30, drove past Tesco to see if there is a space in the CPZ bay but there wasn't. I turned around and considered stopping in one of the crossovers but that would mean I would have to walk some distance with heavy bags, as on Sunday there is usually more and I wanted to avoid that (I get breathless). And of course it would obstruct vehicular access to a building.
I drove back and stopped at the end of the CPZ bay nearest Tescos wheelchair ramp. I thought about leaving the boot open but decided against it as it was still windy, a bit rainy and I know the area - I locked the car and went inside.
I went inside and after a couple of minutes the staff started preparing the collection - it's never done in advance as in the past volunteers haven't bothered to turn up.

Last time I checked the time was 20:36 and shortly after they started to give me food items to bag up.
I ended up with 3 full-to-the-brim 'large reusuable supermarket' bags and 1 'bag for life' with a few items.
I slowly made my way out to the door, on exiting the store, turned right to the wheelchair ramp, I saw the yellow square of the PCN holder on my windscreen. I stopped, looked up/down the street multiple times but could not see a flourescent yellow top or jacket usually worn by CEO's and the road/pavement was fairly well lit up.
I don't know the exact time I exited the store but my guess it would be sometime 20:45-20:47 - based on working back from the timestamp of a picture I took of the sign at the entrance of the road;

20:51 - timestamp on picture of 'Parking Restriction' sign at road entrance.
-60 seconds: walk to the sign from the car.
-120-180 seconds: to pack the bags of food into the boot making sure not to squash anything (some rearrangement required).
-60 seconds; exit store, see PCN, look up/down street, shuffle to car.
equals: 20:46 - 20:47


Would appreciate your expert advice whether I have any valid appeal.

Scans of PCN attached at bottom.

CEO Pictures;
                                       

Google Street View

I have revisited during the day and taken pictures of all current signs/lines if anyone wants to see them.

I also have screenshot of my scheduled OLIO food collection at 20:30 if required.

Thanks,

Mark
« Last Edit: November 27, 2024, 11:09:10 pm by markie76 »

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stamfordman

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This should qualify as collecting 'preordered' goods and so for the loading exemption.

It would help if you have any paperwork to back it up or pics of the bags. A witness statement from the Tesco manager would also probably swing it.

Incandescent

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This should qualify as collecting 'preordered' goods and so for the loading exemption.

It would help if you have any paperwork to back it up or pics of the bags. A witness statement from the Tesco manager would also probably swing it.
+1
and your case is strong as you have all the evidence needed to support a "loading exemption" for the double-yellow lines. But are  you prepared to take them to London Tribunals and risk the full PCN penalty. London councils are the most venal and rapacious organisations in the UK when it comes to PCN penalty money, because they keep the cash so refuse all representations no matter how valid they are.

markie76

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This should qualify as collecting 'preordered' goods and so for the loading exemption.

It would help if you have any paperwork to back it up or pics of the bags. A witness statement from the Tesco manager would also probably swing it.
Thank you for your reply.

Have only ever dealt with the shop floor staff at this location and never take pictures of the food we collect as the store checks it out on their handheld units when giving it.
But I do have my confirmation email timed 16:55 and OLIO App Volunteer Confirmation which the shop staff ask to see for the collection;

   


This should qualify as collecting 'preordered' goods and so for the loading exemption.

It would help if you have any paperwork to back it up or pics of the bags. A witness statement from the Tesco manager would also probably swing it.
+1
and your case is strong as you have all the evidence needed to support a "loading exemption" for the double-yellow lines. But are  you prepared to take them to London Tribunals and risk the full PCN penalty. London councils are the most venal and rapacious organisations in the UK when it comes to PCN penalty money, because they keep the cash so refuse all representations no matter how valid they are.
Thank you for your reply.

Oh, but it was for a good cause, I saved 87 individual food items  :'(

I've been to the Tribunal once or twice before with your help (Pepipoo) and won, so I think I'd be up for it.  :)
« Last Edit: November 27, 2024, 11:51:06 pm by markie76 »

Incandescent

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Quote
I've been to the Tribunal once or twice before with your help (Pepipoo) and won, so I think I'd be up for it.
Good to hear it

Nil carborundum illegitimi

markie76

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Quote
I've been to the Tribunal once or twice before with your help (Pepipoo) and won, so I think I'd be up for it.
Good to hear it

Nil carborundum illegitimi
I guess it's appeal time. I've had a browse through posts, and I like cp8759's tactic of posting images to imgur to see if they have been viewed.

This is what I have come up with
"Dear LBI,

I challenge liability for PCN XXXXXX on the ground that the alleged contravention did not occur.

I understand why the CEO would have issued the penalty charge, what the CEO could not have known is that at the time I was inside the Tesco store adjacent to where my car was parked, doing a prearranged surplus food collection organised by OLIO.

If you haven’t heard of Olio before, Olio works with businesses to save & redistribute their unsold or unserved food. Trained volunteers pick up whatever food is left at the end of each day (or agreed time) from local shops, cafes and offices. They then add it to the OLIO app for people living nearby to request and collect. That way, Olio saves spare food rather than it going in the bin.

Earlier on 24 November 2024 I saw an available collection at Tesco 5-7 Hornsey Street, London N7 8GA at 20:30. As I was free later that evening I accepted the collection and my confirmation email arrived at 16:55.

That evening around 19:20 the Tesco store confirmed there was food to collect and to come at the collection time of 20:30.

I arrived at Hornsey Street just after 20:30, drove past Tesco to see if there is a space in the CPZ bay but there wasn't. I turned around and considered stopping in one of the building vehicle exits, but that would mean I would have to walk some distance with heavy bags and possibly cause an obstruction. On Sundays there are usually more items in the collection and I wanted to avoid that as I get breathless when carrying.

I drove back and stopped at the end of the CPZ bay nearest Tescos wheelchair ramp as I seemed to remember loading/unloading to be permitted. I thought about leaving the boot open but decided against it as it was still windy & rainy (storm Bert) and I know the area. I locked the car and went inside.

Inside, I showed my collection APP confirmation to a staff member and they started preparing the food collection for me. It isn't done in advance as in the past volunteers haven't turned up.

Last time I checked the time it was 20:36 and shortly after they started to give me food items to bag up. I ended up with 3 full-to-the-brim 'large reusable supermarket' bags and 1 'bag for life' with a few items.
I slowly made my way out to the door, on exiting the store, turned right to the wheelchair ramp, I saw the yellow square of the PCN holder on my windscreen. I stopped, looked up/down the street multiple times but could not see a flourescent yellow top or jacket usually worn by CEO's.
I don't know the exact time I exited the store but my guess it would be sometime around 20:47 so we had just missed each other.

I have uploaded screenshots for my scheduled food collection at the following links for you to view;

1. OLIO Volunteer confirmation email timed 24NOV24 16:55 with details of my food collection from Tesco at 20:30;
(link)

2. OLIO APP confirmation to be shown to the shop staff when arriving at the collection location;
(link)

In light of the above, at the time my vehicle was stopped for the purposes of collecting a pre-arranged food collection for a good cause, would you please consider cancelling the PCN under the loading exemption.

Yours faithfully,"

Please let me know your thoughts and if posting my 2 screenshots supporting my food collection to imgur is a good idea.

Thanks,

Mark


stamfordman

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It's too long really.

But you need to start it off with a correct challenge to make it clear why you are challenging - you are claiming a loading exemption from a contravention.

So:

I am challenging PCN XXXXXX on the ground that I was engaged in the exempt activity of loading pre-ordered goods for OLIO, an organisation that redistributes food that would otherwise go to waste.

I needed to park by the Tesco store to do so and took only as long as necessary to enter the store and return with the bags of food that the staff gave me.


H C Andersen

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OP, re your draft, a bit long IMO. I suggest a different approach.

PCN *****
On ** I was engaged in collecting food from Tesco (address) who are one of the organisations that support the 'Islington Together for a Greener Future' initiative led by Islington council:

https://togethergreener.islington.gov.uk/residents/consumption-and-waste/food-waste

As you will see, this involves volunteers collecting food from organisations such as Tesco. As the council website states 'everyone can make a difference' and I am one of many volunteers working for OLIO which is specifically referenced by the council.

When the PCN was issued, I was inside Tesco collecting food on a pre-arranged basis. The nature of OLIO's work with organisations is that a vehicle is essential and on this occasion I collected approximately *** bags of food and parked as close as I could to the store in order to ensure that the process took no longer than necessary.

Given that qualifying collecting is an exemption to the yellow line restriction, I should be grateful if you would cancel the PCN.

I have attached the necessary documentation for your files to support the above.


OP, if this is a regular activity I suggest you investigate whether you could get a dispensation from parking on yellow lines.  I don't know the specifics, but you can but enquire.

Yes, Islington Council allows parking dispensations for single yellow lines in certain circumstances:
Moving house
Liveried vehicles can park on single yellow lines or in resident bays for as long as needed if there is no other loading restriction in place and loading is continuous. Un-liveried vehicles have the same rules, but with more restrictions.
Loading and unloading
You can load and unload goods for up to 40 minutes on single and double yellow lines, as well as resident, shared use, and short stay bays.
You can contact Islington Council about parking by email at HomesAndCommunities@islington.gov.uk or by phone at 0207 527 5300

markie76

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It's too long really.

But you need....

OP, re your draft, a bit long IMO....

OP, if this is a regular activity I suggest you investigate whether you could get a dispensation from parking on yellow lines.
[/i]

HaHa yes, a bit long.
Thats a great find about LBI food waste initiative  :) 

I don't have any regular slots (daily/weekly) just doing it sporadically. I'll bear it in mind if I start doing it regularly.

New draft;
"Dear LBI,

PCN XXXXXX
On 24 November 2024 I was engaged in collecting food from Tesco (5-7 Hornsey Street, London N7 8GA) who are one of the organisations that support the 'Islington Together for a Greener Future' initiative led by Islington council:

https://togethergreener.islington.gov.uk/residents/consumption-and-waste/food-waste

As you will see, this involves volunteers collecting food from organisations such as Tesco. As the council website states 'everyone can make a difference' and I am one of many volunteers working for OLIO which is specifically referenced by the council.

When the PCN was issued, I was inside Tesco collecting food on a pre-arranged basis. The nature of OLIO's work with organisations is that a vehicle is essential and on this occasion I collected approximately 3.5 large bags of food and parked as close as I could to the store in order to ensure that the process took no longer than necessary.

Given that qualifying collecting is an exemption to the yellow line restriction, I should be grateful if you would cancel the PCN.

I have uploaded screenshots of the necessary documentation for your files to support the above, on the following links;

1. OLIO confirmation email timed 24NOV24 16:55 with details of Tesco food collection at 20:30;
(https://imgur.com/a/AhHI1ib)

2. OLIO APP confirmation to be shown to the shop staff when arriving at the collection location;
(https://imgur.com/a/im3bIW1)


Yours faithfully,"

I'll create new Ingur links for the appeal.

Thanks,

Mark
« Last Edit: December 06, 2024, 10:22:51 pm by markie76 »

stamfordman

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Well you've ignored my advice to start it off with why you are challenging and the exemption to the contravention. Instead you're making the council read to near the end.

markie76

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Re: Islington, code 01, Hornsey Street N7, DYL, , Tesco Charity Food Collection
« Reply #10 on: December 06, 2024, 11:16:20 pm »
Well you've ignored my advice to start it off with why you are challenging and the exemption to the contravention. Instead you're making the council read to near the end.
Draft 3;

"Dear Sir/Madam,

I am challenging PCN XXXXXX on the grounds that I was engaged in the exempt activity of loading pre-ordered goods for OLIO, an organisation that redistributes food that would otherwise go to waste.

On 24 November 2024 I needed to park by the Tesco store (5-7 Hornsey Street, London N7 8GA) to do so and took only as long as necessary to enter the store and return with the bags of food that the staff gave me.

Tesco are one of the organisations that support the 'Islington Together for a Greener Future' initiative led by Islington council:

https://togethergreener.islington.gov.uk/residents/consumption-and-waste/food-waste

When the PCN was issued, I was inside Tesco collecting food on a pre-arranged basis. The nature of OLIO's work with organisations is that a vehicle is essential and on this occasion I collected approximately 3.5 large bags of food and parked as close as I could to the store in order to ensure that the process took no longer than necessary.

Given that qualifying collecting is an exemption to the yellow line restriction, I should be grateful if you would cancel the PCN.

I have uploaded screenshots of the necessary documentation for your files to support the above, on the following links;

1. OLIO confirmation email timed 24NOV24 16:55 with details of Tesco food collection at 20:30;
(https://imgur.com/a/AhHI1ib)

2. OLIO APP confirmation to be shown to the shop staff when arriving at the collection location;
(https://imgur.com/a/im3bIW1)


Yours faithfully,"

What do you reckon?

markie76

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Re: Islington, code 01, Hornsey Street N7, DYL, , Tesco Charity Food Collection
« Reply #11 on: December 07, 2024, 09:32:20 pm »
....Yours faithfully,"

What do you reckon?

Anyone? Tomorrow is day 14 and I wanted to get it sent today  :-[

Incandescent

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Re: Islington, code 01, Hornsey Street N7, DYL, , Tesco Charity Food Collection
« Reply #12 on: December 07, 2024, 10:11:24 pm »
Looks OK to me.

markie76

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Re: Islington, code 01, Hornsey Street N7, DYL, , Tesco Charity Food Collection
« Reply #13 on: December 07, 2024, 11:08:24 pm »
Looks OK to me.
Thanks - Appeal submitted.  :)

stamfordman

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Re: Islington, code 01, Hornsey Street N7, DYL, , Tesco Charity Food Collection
« Reply #14 on: December 07, 2024, 11:29:42 pm »
Yes it's fine and sets out all you can say really. It's important in communication to focus on what you are asking for first as you have to assume the reader may have the attention span of a gnat.

Another exercise is what would you write if you had say only two sentences. Less is often more with challenging PCNs.