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PCN served by TFL
Contravention  62: Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway
Location: West Cromwell Road (Kensington & Chelsea)
PCN Number: GF83563781.
REG: LB22 TFV.
GSV: https://maps.app.goo.gl/7eYmq4wJGmgbcLBT8?g_st=iw

Help!

I was unloading and loading outside my husband’s flat for less than two minutes and the photograph shows the delivery man I was loading / unloading from. While the car appears to be on a footpath, there is still a clear a slip road allowing vehicles to enter and park inside the area mapped out by the small posts, as shown in the image and there are other vehicles also parked near mine (as shown in one of the images). 

Regardless of this, I still moved the vehicle as soon as I spoke to the civil enforcement officer who told me it was not permitted (as shown in the two photos one with the car there, and one with it not there), to avoid complications. I have since received the PCN, which has been served by post.  Please help me with suggested wording and reasoning for how to make a representation against the penalty charge. I feel it is confusing to have a slip road if cars are not permitted to drive on to it. I have unloaded in this spot many times before without any problems, and regularly see cars stopping here. 

Thank you so much!

Image links to of all sides of the PCN:

https://ibb.co/cCsLYgv
https://ibb.co/yRb2hTh
https://ibb.co/c2Zs47d
https://ibb.co/GRfSxNW
https://ibb.co/zhStmMg
https://ibb.co/Bs3t3ch

Thank you. In answers to your questions:
I was unloading from my vehicle (a scooter, building tools, flooring) but I was also planning to load a TV into my vehicle that had just been delivered to me. I have a delivery confirmed receipt for the TV.  (Note- I did not have a chance to load the TV into the car or take the other items into the flat - I had to leave everything on the steps outside my property because the officer approached me part way through the process saying he was going give me a PCN.)

I immediately moved the car to the next available side road that allows Pay and Display (which isn't close enough to be able to carry heavy goods from) and parked there, and went back for the TV and other items by foot.

I was at the car the entire time so it was never left unattended and the incident was less than two minutes - as you can see on the PCN, the timings stated are 12:48-12:48!

There is literally nowhere else to unload or load as the property is located on a dual carriage way and the closest road around the corner is for permit resident holders only.

Any help with the wording / template for the appeal would be greatly appreciated.

Thanks.

The photographs are taken by TfL and are on their website when you enter the PCN number. For ease, I’ve pasted links to them below. You’ll see the white van in one pic - that is the van dropping off the TV. In the other pic,  you’ll see the delivery man with the TV if you zoom in.

https://ibb.co/CK6x7Yg
https://ibb.co/3fw664V

I don’t know what the area with the bollards is for if not loading and unloading. It’s clearly a slip road from the dual carriageway allowing cars to drive on it and there are no signs anywhere suggesting you cannot enter this area.

To confirm, the vehicle was attended the whole time as shown in the photos.

Would you be able to advise the types of heavy goods I would need to list?

Thanks again

I don’t know what the area with the bollards is for if not loading and unloading. It’s clearly a slip road from the dual carriageway allowing cars to drive on it and there are no signs anywhere suggesting you cannot enter this area.

It is a footway. There is a dropped footway without an apparent purpose because it's built to pedestrian specs and standards, not vehicle, but doesn't have a corresponding 'mate' at the central reservation.

But this doesn't make where you were a carriageway..just look at the surface treatment, they're flag stones exactly the same as before and after the bollards. Your misunderstanding on this point might be genuine, but I doubt it would cut much ice with TfL.

What I don't understand and I think you should mention in reps is why, if you had just opened your boot and not left the vehicle, the CEO did not just inform you and ask you to move. I want to focus on why they served a postal PCN.

If they had started to prepare a PCN to be given by hand why tell you to move and then serve by post? IMO, if you moved at the CEO's request then they have no grounds on which to serve a postal PCN.

Which of the following do I tick for the loading exemption?

Representation details

The Contravention did not Occur

The Traffic Order was invalid

I was not the owner/keeper at the time of the Contravention

The Vehicle has been taken without my consent

The Penalty has been paid in full, or has been paid at the reduced amount within the specified period

The Penalty Charge exceeds the applicable amount

We are a Hire Firm and have supplied the name of the hirer

There has been a procedural impropriety on the part of the Enforcement Authority

Any mitigating circumstances you wish to raise

Ugly duckling is going in the right direction the service of a postal PCN is suspect. In order to do so the CEO would have had to have started the preparation of a PCN not just tell you they were going too so let's have details on the interaction

The loading exemption also comes into play but not

From the above, it does look as if the postal PCN was correctly issued. However, we come back to the key issues of

1. Why mark out a small area with posts and provide dropped kerb access off the carriageway ?
    - so get a statement from the council that set it up on what its purpose is. Noting also that it has been is unse for this purpose for a long time.

2. Loading activity was continuous, vehicle was attended, and goods were of sufficient bulk and weigh to make it essential the area was used, thus complying with the exemption in the 1974 Act.

These two things are the basis for representations, and also an appeal at London Tribunals if you take it that far. I suspect TfL will not back down, (they want your money !!). Then you must decide whether to risk the full PCN penalty because the discount option is lost if you go to London Tribunals.

Ok thanks. So should I tick ‘contravention did not occur’ and any advice on how to go about getting a response from the council in time and who to contact?