3. Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
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opshelper

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Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« on: December 09, 2024, 10:25:09 pm »
I had stopped for a brief minute as a family member was feeling sick, so I pulled into the side street to give them so air.
The car was on and as I was about to take off a group of CEO came into the street taking a picture of my car.
No ticket was placed on the vehicle as I was driving off.

Do I have any grounds for appeal?

Offence Code 62: Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway

Status: NTO/Enf. Notice Sent

Location: https://maps.app.goo.gl/HzXiZJzTbtVTbGMw7

PCN Images:



Vehicle images:



@cp8759
« Last Edit: December 09, 2024, 11:22:31 pm by cp8759 »
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cp8759

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #1 on: December 09, 2024, 11:24:08 pm »
@opshelper how long were you stationary for? and how long were you stationary between the CEO first appearing and you driving off?
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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 nor 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.

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opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #2 on: December 09, 2024, 11:33:12 pm »
I was there for probably about 2 minutes, and about 30-40 seconds once I saw him.
I was trying to work out what as happening initially as there were a group of 10x of them coming all together.

@cp8759
« Last Edit: December 10, 2024, 10:30:40 am by opshelper »
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Incandescent

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #3 on: December 10, 2024, 12:15:33 am »
Quote from: opshelper on December 09, 2024, 11:33:12 pm
I was there for probably about 2 minutes, and about 30-40 seconds once I saw him.
I was trying to work out what as happening initially as there were a group of 10x of them coming all together.
A new team of CEOs under training perhaps ? So the instructor showed them how to whallop a drive-away.

It has been an offence to park off-carriageway in London since the 70s and no signs or lines are needed to convey the restriction. A nice little earner for London councils !
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opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #4 on: December 11, 2024, 09:27:15 pm »
@cp8759 Do you think I have any leg to stand on?
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cp8759

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #5 on: December 11, 2024, 11:09:57 pm »
@opshelper well yes: firstly parking is not stopping, so you can argue you were stationary for an amount of time that was purely nominal. Stopping on a pavement is not a contravention, only parking is.

Secondly there is an exemption under 15(3)(b) of the Greater London Council (General Powers) Act 1974 "for the purpose of saving life or extinguishing a fire or meeting any other emergency", but you bear the burden of proving that there was an emergency.  What caused your family member to feel unwell and what symptoms did they have?
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #6 on: December 11, 2024, 11:12:18 pm »
Quote from: cp8759 on December 11, 2024, 11:09:57 pm
@opshelper well yes: firstly parking is not stopping, so you can argue you were stationary for an amount of time that was purely nominal. Stopping on a pavement is not a contravention, only parking is.

Secondly there is an exemption under 15(3)(b) of the Greater London Council (General Powers) Act 1974 "for the purpose of saving life or extinguishing a fire or meeting any other emergency", but you bear the burden of proving that there was an emergency.  What caused your family member to feel unwell and what symptoms did they have?

It was due to the pregnant wife feeling sick
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cp8759

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #7 on: December 11, 2024, 11:14:58 pm »
Quote from: opshelper on December 11, 2024, 11:12:18 pm
It was due to the pregnant wife feeling sick
Congrats, when is she due? Some medical evidence to confirm she is pregnant could make this a reasonably strong challenge.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #8 on: December 11, 2024, 11:23:53 pm »
Quote from: cp8759 on December 11, 2024, 11:14:58 pm
Quote from: opshelper on December 11, 2024, 11:12:18 pm
It was due to the pregnant wife feeling sick
Congrats, when is she due? Some medical evidence to confirm she is pregnant could make this a reasonably strong challenge.
Thanks, due in July, so a maternity certificate copy could work?

Should I put anything specific in the appeal
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cp8759

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #9 on: December 11, 2024, 11:25:06 pm »
Quote from: opshelper on December 11, 2024, 11:23:53 pm
Should I put anything specific in the appeal
Well yes, if you give us the information I'll write a representation for you. Start by telling us what the symptoms were.

Also it's not an appeal at this stage, it's just a representation.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #10 on: December 11, 2024, 11:48:40 pm »
Quote from: cp8759 on December 11, 2024, 11:25:06 pm
Quote from: opshelper on December 11, 2024, 11:23:53 pm
Should I put anything specific in the appeal
Well yes, if you give us the information I'll write a representation for you. Start by telling us what the symptoms were.

Also it's not an appeal at this stage, it's just a representation.

Thanks, She was feeling shortness of breath and nausea.
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cp8759

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #11 on: December 13, 2024, 06:29:00 pm »
Quote from: opshelper on December 11, 2024, 11:48:40 pm
Thanks, She was feeling shortness of breath and nausea.
Is there a diagnosed condition that might have caused this? Does she have any medical paperwrok?
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #12 on: December 13, 2024, 06:31:22 pm »
Quote from: cp8759 on December 13, 2024, 06:29:00 pm
Quote from: opshelper on December 11, 2024, 11:48:40 pm
Thanks, She was feeling shortness of breath and nausea.
Is there a diagnosed condition that might have caused this? Does she have any medical paperwrok?

No, just pregnancy.
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cp8759

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #13 on: December 13, 2024, 06:58:41 pm »
OK and do you have any medical paperwork you can send to the council to support your representation? Doctors letters, midwife appointments or anything like that?
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

opshelper

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Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
« Reply #14 on: December 13, 2024, 07:49:26 pm »
Quote from: cp8759 on December 13, 2024, 06:58:41 pm
OK and do you have any medical paperwork you can send to the council to support your representation? Doctors letters, midwife appointments or anything like that?

Yes I have the maternity certificate, and I am sure I can find some appointment letters.
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