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