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CODE 01 Medway Delivering food for the Homeless to Emmaus Church Centre.  Clover Street Chatham

I am seeking advice on whether there are any valid grounds for a successful appeal or challenge for the following PCN:
PCN Details:
•   PCN No. MW912094257
•   Date of Issue: 24th November 2024
•   Time: 16:19
•   Location: Clover Street ME4 4DE
•   Contravention Code: 01 – Parked in a restricted street during prescribed hours
•   Observation Time: 2.34 seconds

I was driving my sister’s car and had parked briefly in front of Emmaus Church Centre on Clover Street to drop off food, including hot meals, for the homeless. I arrived around 16:16 and stayed for approximately 5 minutes. During this time, a PCN was issued. The PCN was blown off the windscreen by strong winds from Storm Bert, before I had the chance to remove it from the windscreen. I drove around the block and found the CEO sitting down (hiding) a dark corner at the back of a car park up an alley on the next street hiding and on his phone. Apparently waiting to come out again to strike and issue more PCN. It is likely he must have seen me parking and going into the centre with the food stuff.
I contacted the council for details and a copy of the PCN, but the parking staff told me that they do not issue duplicate PCNs or provide a written copy. After some insistence, they provided me with the PCN information above but stated that they only provide the PCN number and the date it was issued as that was all I needed to view the PCN on their website. I reminded her that the website does not have a copy of the PCN and all the information needed to successfully challenge the PCN. The website only shows pictures evidences taken by the CEO issuing the PCN.

Questions:
1.    Do I have any grounds to challenge the PCN successfully?
2.   Can the Council refuse to provide me with a copy / duplicate of the PCN ? Should the council parking department not have provided me the information in writing as requested especially that they knew there was a storm? Is this a standard practice and it is acceptable? Is there anything I can do about this ?

I would appreciate any guidance or advice from the experts in appealing this PCN.

Thank you all in advance for your time and assistance.

See link below with all the pictures on the Medway Website


https://ibb.co/cQY2m3S


 
 

 

It's a restricted parking zone with 24/7 no waiting but the no loading time doesn't apply o Sunday when you got the PCN, hence the code 01 to which the loading exemption applies.

Problem is you say you 'stayed for approx 5 mins' - what does this mean? To claim the exemption you need to have taken stuff in and returned to car taking no more time.

At this stage yes, if you were delivering goods. You need to tell us more about this process (not who the food was for but the process e.g. were you expected, did you make one or more than one trip, were you on your own, how was what you delivered received/accounted for, what paperwork was involved etc?);


It was my first time dropping off food. I was on my own. I did two trips from my car to the centre. There was a bit of delay when I went in initially as they were just about to start  sharing and the centre was already full with homeless people. They also transferred the hot food to their own container which took some time. They were expecting  me but the time wasn’t confirmed. We had a window to drop off the food during which they can make the re-distribution  We were making a personal voluntary contribution.  We bought discounted and yellow sticker items from the supermarket ( some receipts available) friends and family donated items and the rest was home-made food. There was no paperwork / invoice as it was a personal /family gift  donation because of the good work The centre was are doing. Majority of the homeless people that hang around the high street go there to get hot food.  As a family we regularly buy discounted / yellow sticker items to a give to Homeless individuals including AMAT Residents in Chatham, guys hanging around in the town centre or supermarket entrances begging, struggling parents, single parents, elderly or struggling neighbours who have lost their Job loss or sick etc. It’s just helping the community. I have old text message offering food to struggling people and neighbours.

2.  Can the Council refuse to provide me with a copy / duplicate of the PCN ?
At this stage, yes. It was served but it blew away or whatever. It happens. The registered keeper would see an exact copy if the matter progressed to adjudication.

Should the council parking department not have provided me the information in writing as requested especially that they knew there was a storm?

No.

Okay thanks Noted.



Is this a standard practice and it is acceptable? Is there anything I can do about this ?

IMO, yes, yes and no.

Thanks


I suggest you concentrate on substantive issues of the contravention.

Sure, my focus is one the contravention.  I was asking this to see if they can extend the discounted period being that I didn't have the details of the PCN on hand. I didn’t have adequate time can get the relevant help and advice on how to challenge the PCN successfully or if I should just cut my losses and pay the discounted amount.

The signage is clear - no loading in the zone 10am to 5pm Mon-Sat, so avoid those times if taking food there. You were there before 5pm but it was Sunday. 

Your account of unloading is good and it would be a hard-hearted council that pursued you for this good cause.

The signage is clear - no loading in the zone 10am to 5pm Mon-Sat, so avoid those times if taking food there. You were there before 5pm but it was Sunday. 

Your account of unloading is good and it would be a hard-hearted council that pursued you for this good cause.

Thanks. I didn't see the information on the sign in the picture the CEO Uploaded. Looking at the Googlemap John posted I saw the signage clear and then understood your comments. Loading is allowed all throughout Sunday. I believe it is because of the Church services on Sunday that's why loading is exempted.  To be honest I was very upset when I saw the PCN  and didn't bother to hang around to check any signage. Also it was very windy and drizzling and was dark.
Please on what ground(s) should I appeal? Also the code 01 used is that the correct code for loading. this is the bit I need some expert help in. Please can you suggest some wording or structure for the appeal so I can draft it and post it up to be reviewed and corrected. What evidence should I include?


Many thanks. Appreciated

On the day in question I was delivering goods to the church and therefore there was no contravention.

Specifically, I was delivering food which would be distributed to homeless people through a scheme administered and led by the church. I was acting in a personal capacity and it was my first delivery. Some of the delivery was hot food and in consequence I had to contact specific volunteers within the building so that this could be transferred to their own insulated containers. I also made two trips which I assume were either side of the PCN being issued -I can only surmise this as there wasn't a PCN on my vehicle at any time, presumably because this had been blown away in the extreme weather. In any event,this doesn't bear upon my circumstances or representations.
I was delivering, a vehicle was essential, I parked as near to the church as possible and the activity took only as long as necessary in the circumstances. Consequently, the exemption of delivering applies and the PCN should be cancelled.

OP, what can you provide by way of evidence e.g. any paperwork, correspondence etc.

On the day in question I was delivering goods to the church and therefore there was no contravention.

Specifically, I was delivering food which would be distributed to homeless people through a scheme administered and led by the church. I was acting in a personal capacity and it was my first delivery. Some of the delivery was hot food and in consequence I had to contact specific volunteers within the building so that this could be transferred to their own insulated containers. I also made two trips which I assume were either side of the PCN being issued -I can only surmise this as there wasn't a PCN on my vehicle at any time, presumably because this had been blown away in the extreme weather. In any event,this doesn't bear upon my circumstances or representations.
I was delivering, a vehicle was essential, I parked as near to the church as possible and the activity took only as long as necessary in the circumstances. Consequently, the exemption of delivering applies and the PCN should be cancelled.

OP, what can you provide by way of evidence e.g. any paperwork, correspondence etc.

Many thanks H C Andersen for this. Very well written.  Very much appreciated.

OP, what can you provide by way of evidence e.g. any paperwork, correspondence etc.

I don’t have any paperwork or written correspondence as this was my first donation.
I got a verbal thank you and appreciation from the co-ordinator ( I assume) / one of the volunteers.
This was our first contribution and it was informal.  In addition, there isn’t enough time to ask for anything as the PCN is due to increase today as advised by Medway Council  today. It will be wise to get my appeal in asap today before the  fee increases .

I have some supermarket receipts of the yellow stickers and discounted items we bought which formed part of the donation. Can I include them?  I have text messages and Whatapp messages of giving away food regularly to the homeless and people in the community to show this is something we do but it is not relevant to The Emmaus CC donation.  Please can you let me know if I should include these other unrelated messages. 

Sorry I forgot to include this in my original post.
Is it worth mentioning that I spoke to the CEO and explained that I took food into the Church for the homeless.  I politely asked if he could make a note on his handheld so they can see it when I appeal but he refused. I tried persuading him to just make a brief note about our conversation. He said it doesn’t matter, it will not make any difference. He said he gave me a two minute observation before issuing the PCN. I said I was inside the church handing over the food I brought
I recorded the whole conversation. Not sure if it is legal / okay to mention that I have evidence of the conversation as I didn’t get his consent that I was recording our conversation. I have just listened again to the conversation and the CEO is not even aware that loading is exempt on Sunday and after 5.00 p.m. Monday to Saturday. He said it is a conservation area. Don’t know what he meant by that. He was very mean, dismissive and unhelpful to say the least.