3. Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
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Re: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #15 on: »
Thank you for all your responses.

@cp8759 please see attached photos of left and right from where the car was parked

@HCAndersen I do have receipts and can get a statement from the workmen if required, I had numerous items to drop off including three sinks, 10 ceiling lights and a two boxes of parking bollards all of which I have receipts for. I've just checked and also have an invoice from the Toolstation app which shows I placed an order at 12.12 and collected it at 12.23 for some bulbs to go with the lights and some gas cooker appliances.

There are two different groups of people working so I took the boxes inside then explained what each one was/for where.

After Micks and StamfordMan's responses I interpreted it as a lost hope so immediately after those submitted a cobbled brief appeal based on what I've written in this thread so I'm not sure if it's irredeemable or worth exploring still as I understand from previous posts that they will likely always reject an appeal and then it can be taken further.

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Re: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #16 on: »
Quote from: Leedsgirl94 on January 27, 2025, 09:14:16 pm
After Micks and StamfordMan's responses I interpreted it as a lost hope so have already submitted a cobbled brief appeal based on what I've written in this thread so I'm not sure if it's irredeemable or worth exploring still
Well please shows us what you sent. DIY representations often cause more trouble than anything else, but we are where we are and the damage is seldom irremediable. The next step if they reject will be the Notice to Owner which you can challenge by making a formal representation, if that is rejected you can appeal to the Traffic Penalty Tribunal. It's only at the TPT that you get a fair decision.

Also the photos you have taken are helpful but please could you please take two more from the edge of the kerb? We don't want to risk any accusation at the tribunal that you took photos from a "convenient" angle, as that could destroy your credibility.

Also could you provide photos of all the items you unloaded? It sounds like you had quite a bit of stuff and a couple of photos could illustrate this better than a description (you will also need receipts for all the items). It would also be helpful to know where you were unloading it to, for instance just by the door or upstairs or up to the loft?
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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: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #17 on: »
Quote from: cp8759 on January 27, 2025, 09:20:42 pm
Quote from: Leedsgirl94 on January 27, 2025, 09:14:16 pm
After Micks and StamfordMan's responses I interpreted it as a lost hope so have already submitted a cobbled brief appeal based on what I've written in this thread so I'm not sure if it's irredeemable or worth exploring still
Well please shows us what you sent. DIY representations often cause more trouble than anything else, but we are where we are and the damage is seldom irremediable. The next step if they reject will be the Notice to Owner which you can challenge by making a formal representation, if that is rejected you can appeal to the Traffic Penalty Tribunal. It's only at the TPT that you get a fair decision.

Also the photos you have taken are helpful but please could you please take two more from the edge of the kerb? We don't want to risk any accusation at the tribunal that you took photos from a "convenient" angle, as that could destroy your credibility.

Also could you provide photos of all the items you unloaded? It sounds like you had quite a bit of stuff and a couple of photos could illustrate this better than a description (you will also need receipts for all the items). It would also be helpful to know where you were unloading it to, for instance just by the door or upstairs or up to the loft?

I just wrote it in the 'contact us box' online and unfortunately didn't save a copy, I've just gone back in to see if it's there but it's not although allows me to 'contact' again.

I will retake the photos tomorrow and send again, apologies I interpreted your previous message to 'get a photo taken from where you car was' as meaning literally where I would've been sat.

I can provide photos but the lights have all been affixed in their respective rooms now, with regards to where I unloaded to it was multiple rooms across three floors as with the lights I put them in their intended destination and the bulbs, bollards and gas supplies are still in boxes in the downstairs living area so I can photograph them
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Re: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #18 on: »
Quote from: Leedsgirl94 on January 27, 2025, 09:58:30 pm
I can provide photos but the lights have all been affixed in their respective rooms now
It doesn't matter, they should still look brand new so the fact that they've been fitted shouldn't make any difference.

Quote from: Leedsgirl94 on January 27, 2025, 09:58:30 pm
with regards to where I unloaded to it was multiple rooms across three floors as with the lights I put them in their intended destination and the bulbs, bollards and gas supplies are still in boxes in the downstairs living area so I can photograph them
Excellent so you'll just have to provide a short narrative about what went in which room.
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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: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #19 on: »
Quote from: cp8759 on January 27, 2025, 10:01:39 pm
Quote from: Leedsgirl94 on January 27, 2025, 09:58:30 pm
I can provide photos but the lights have all been affixed in their respective rooms now
It doesn't matter, they should still look brand new so the fact that they've been fitted shouldn't make any difference.

Quote from: Leedsgirl94 on January 27, 2025, 09:58:30 pm
with regards to where I unloaded to it was multiple rooms across three floors as with the lights I put them in their intended destination and the bulbs, bollards and gas supplies are still in boxes in the downstairs living area so I can photograph them
Excellent so you'll just have to provide a short narrative about what went in which room.

Thank you, neither of those is an issue whatsoever- most of them still don't even have bulbs in them so it's clear they've just been installed. Please see attached retaken photos as requested on the edge of the curb

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Re: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #20 on: »
@Leedsgirl94 well it seems to me that you have a winning appeal on the signage (obviously the more grounds the better, as you only need to win on one point).

To make sure our case is watertight, would you be able to take the 2nd photo again when there are no vehicles / pedestrians / other obstacles in the way? Hopefully it will show that the sign attached to the street light is far too small to be noticable.

If you can give us the short narrative I've asked for and photos of the items you were unloading, I'll be able to draft a formal representation for when you get the notice to owner.
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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: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #21 on: »
Quote from: cp8759 on January 28, 2025, 08:19:14 pm
@Leedsgirl94 well it seems to me that you have a winning appeal on the signage (obviously the more grounds the better, as you only need to win on one point).

To make sure our case is watertight, would you be able to take the 2nd photo again when there are no vehicles / pedestrians / other obstacles in the way? Hopefully it will show that the sign attached to the street light is far too small to be noticable.

If you can give us the short narrative I've asked for and photos of the items you were unloading, I'll be able to draft a formal representation for when you get the notice to owner.

Thank you for your response, I will redo the photos and hopefully third time lucky on getting them right! I'll also take the other photos and write something up as requested, really appreciate your help
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Re: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #22 on: »
Hello

Apologies for the delayed follow up- please see attached photo of item, street view and the toolstation order showing collection time. The council also rejected my appeal as expected and I have attached that herein, notably they acknowledge there may be no signage nearby but state it is at the entry to a controlled zone which I am unaware of. I do have pictures of all the other items but these are not affixed due to the 4 item limitation


Please see my writeup as requested:

'On Jan 25 I received a PCN which I believe was incorrectly issued. I own the property I was parked outside, for many months now there have been significant works ongoing and electricians were present on site on the day in question. As I live elsewhere I order all items to my personal address and then drive them to the property, the electricians were on site to complete the second-fix works which includes affixing sockets, light fittings etc. I had previously ordered lights for the majority of the fittings which included 8 boxes of items, I then placed an order at Toolstation for 20 bulbs for the lights which I then collected at 12.23. I also had received a delivery of three sinks which had been loaded into my vehicle. I drove to the property and moved the boxes from the vehicle into the hallway then moved the boxes into their respective rooms, there are three stories in the property and a significant number of stairs. Once I had done this I immediately exited the property and found the inspector administering a ticket.'




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Re: Code 1 Parking Contravention when Unloading on my driveway overhanging the pavement
« Reply #23 on: »
Well you're not in a CPZ, to get to where you parked from Marlborough Road you have to go past these "end of CPZ" signs: https://maps.app.goo.gl/SnNzmeQEsPey6De56

Obviously the rejection template they've used is so generic they don't even bother checking if you were in a CPZ, you weren't so their answer is doubly drivel.

We can tweak your draft once the Notice to Owner turns up and and I think you have all the photos you need as far as the signage goes, but what about the sinks?
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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
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