Author Topic: PCN on a double yellow line in tower hamlets  (Read 2389 times)

Ash487 and 75 Guests are viewing this topic.

Re: PCN on a double yellow line in tower hamlets
« Reply #30 on: »
Thank you for your response Incandescent.
I would like to stand my ground and take this to tribunals. We you guys be able to assist me with the appeal when the Notic to owner arrives?
Also apart from the weight of goods and photos, is there anything else i can use to strengthen my case?
Such as the photos taken by the CEO were taken in the space of 1 Minute. Could the CEO provide any evidence to show that he was monitoring the vehicle 5 mins prior to this?

Re: PCN on a double yellow line in tower hamlets
« Reply #31 on: »
There is no mandatory observation time. Your strongest appeal argument is loading because that is a legal exemption to the double-yellow lines, but you have to prove it, hence my comment about proof of the weight and bulk of the goods.

Re: PCN on a double yellow line in tower hamlets
« Reply #32 on: »
Ok thank you for the advice. Could you possibly help me word out the appeal when it comes to it?

Re: PCN on a double yellow line in tower hamlets
« Reply #33 on: »
Ok thank you for the advice. Could you possibly help me word out the appeal when it comes to it?
Prepare a draft and post it here for review. Use of "clever" AI apps is not recommended.

Re: PCN on a double yellow line in tower hamlets
« Reply #34 on: »
Ok thank you

Re: PCN on a double yellow line in tower hamlets
« Reply #35 on: »
Hi,

IU have now received the notice to owner. Could you please assist me on what to type out?

Could you also assist me on how to bring this topic back to the top of the main thread so that other users could see this and potentially advise on my situation?

Ashraf

Re: PCN on a double yellow line in tower hamlets
« Reply #36 on: »
If you are to be successful with an appeal, and I mean an appeal to London Tribunals, you do need to firm-up your case for loading, because the CEO saw no loading activity, but clearly there was such activity. In cases like this, some collateral, like weight of the goods and maybe a photo of them. If you can assemble this, then you have a much stronger case to take to LT. The alternative is you pay-up now to get the discount. The whole system is designed to encourage early payment, so the 50% discount is offered. Basically, if you feel hard done by, you have to stand your ground and forego the discount option. Needless to say, not a lot of PCN recipients do this, because most people kn  ow very little about the legal process and think they have to pay huge sums if they lose which, of course, is totally wrong. The maximum financial exposure is the full PCN penalty.

Hi @Incandescent
the details you have told me to add from the above information into this draft, is there anything else you can advise for me to add alongside with it which could possibly help my case?

Re: PCN on a double yellow line in tower hamlets
« Reply #37 on: »
I can't think of anything else to add. Normally for commercial loading, one has documents, but yours is a domestic loading case, so I doubt you have anything like this.

Re: PCN on a double yellow line in tower hamlets
« Reply #38 on: »
From your previous experience with loading/unloading cases, are councils lenient with proof of weight, photos of the items tht were unloaded etc?

Re: PCN on a double yellow line in tower hamlets
« Reply #39 on: »
From your previous experience with loading/unloading cases, are councils lenient with proof of weight, photos of the items tht were unloaded etc?
Councils are never lenient, because they get the PCN money if they reject representations. The only unbiased place is the adjudicators at London Tribunals. So the bottom line is that if you want to stand your ground rather than cough-up, you have to be prepared to take the council to London Tribunals. Of course you have to risk the full PCN penalty. If you win you pay nothing, if you lose, you pay the PCN penalty, but there are no additional costs or charges.

However, first you have to go through the process, so must be rejected when you submit representations against the Notice to Owner. Of course they may accept your reps and cancel the PCN !