Author Topic: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road  (Read 207 times)

0 Members and 0 Guests are viewing this topic.

H C Andersen

  • Hero Member
  • *****
  • Posts: 2222
  • Karma: +46/-31
    • View Profile
What were the timings on both photos?

Did you drive away when the horde of CEOs was still there?

opshelper

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
What were the timings on both photos?

Did you drive away when the horde of CEOs was still there?

Both pictures say: 21:53, yes I was starting to move off when the group was there.

H C Andersen

  • Hero Member
  • *****
  • Posts: 2222
  • Karma: +46/-31
    • View Profile
IMO, your first procedural point is that the penalty exceeded the amount applicable in the circumstances of the case.

The authority assert that the PCN could be served by virtue of the CEO having observed the vehicle for no more than 1 minute during which time they had observed the prospective contravention, assessed the circumstances, reasoned that a penalty was due and begun to prepare a PCN for service .

On the basis of the council's evidence, I challenge that the CEO had begun to prepare a PCN, as opposed to merely carrying out simple preliminary activities, and therefore no lawful basis exists for the regulation 10 PCN and consequently the penalty exceeded the amount applicable.

cp8759

  • Administrator
  • *****
  • Posts: 5460
  • Karma: +126/-4
    • View Profile
@opshelper here you go:

Dear London Borough of Ealing,

I challenge liability on the ground that the alleged contravention did not occur. My car was only stopped for a few seconds and the CEO's own photos show that the lights were on and the engine was running. The legislation prohibits parking, section 15 of the Greater London Council (General Powers) Act 1974 does not create a stopping prohibition, this is not a red route. Stopping for an amount of time that is purely nominal does not amount to a contravention.

In any event I claim the exemption under section 15(3)(b) of the 1974 Act which provides an exemption for parking "for the purpose of saving life or extinguishing a fire or meeting any other emergency". The reason I stopped very briefly is because my wife, who is newly pregnant, was feeling unwell, so I stopped in order to check on her and allow her to get some air. In the event we were only stopped for a matter of seconds and as I drove off I notice a CEO take a photo, in the circumstances there is no contravention and the PCN must be cancelled.

I attach the maternity certificate for your records.

Lastly the two photos taken by the CEO are timed at 9:53 pm and the PCN alleges a contravention at 9:54:42, but at 9:54:42 I had already driven away so my car could not have been parked on the pavement at the time, instead it was moving along the carriageway further down the road. It follows that the contravention alleged could not have occurred in any event.

Yours faithfully,


Don't forget to take a screenshot of the confirmation page.
« Last Edit: December 13, 2024, 11:19:20 pm by cp8759 »
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

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
Thanks, do I need to put anything about the letter received saying: "... observed the vehicle identified above from 29/11/2024 21:54:42 to 21:54:42" but the pictures are both from 21:53.

I had left by 21:54:42.


cp8759

  • Administrator
  • *****
  • Posts: 5460
  • Karma: +126/-4
    • View Profile
Thanks, do I need to put anything about the letter received saying: "... observed the vehicle identified above from 29/11/2024 21:54:42 to 21:54:42" but the pictures are both from 21:53.

I had left by 21:54:42.
I've added a paragraph to the draft above to cover this point, it looks pretty open and shut now.
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

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
Thanks, do I need to put anything about the letter received saying: "... observed the vehicle identified above from 29/11/2024 21:54:42 to 21:54:42" but the pictures are both from 21:53.

I had left by 21:54:42.
I've added a paragraph to the draft above to cover this point, it looks pretty open and shut now.
Thanks appreciate it!

opshelper

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
Unfortunately they rejected my appeal. Can you advise me further.


Image attached below




« Last Edit: January 11, 2025, 01:54:47 pm by opshelper »

H C Andersen

  • Hero Member
  • *****
  • Posts: 2222
  • Karma: +46/-31
    • View Profile
OP, I'm still fact finding..

The photos show your car with its nearside on the footway. I presume you turned in from The Broadway, so did you stop within the first few metres? I ask because you have a potential procedural defence (which was not advanced in your reps) based upon the council's power to issue the postal PCN. But I don't want to put together a sequence of events which might unravel at adjudication.

You said that a group of CEOs turned into the road, implicitly from The Broadway.

I was about to take off a group of CEO came into the street taking a picture of my car.

But if they did then at least one of them went past your car because the photos are taken from the front of your car and you've not suggested that you turned in, turned round and then parked facing The Broadway.

Please give more details regarding where you were parked, from which road did you enter and whether a photo could have been taken of the front of your car by a CEO who had just turned in to the road without going past your car.
« Last Edit: January 11, 2025, 02:36:29 pm by H C Andersen »

cp8759

  • Administrator
  • *****
  • Posts: 5460
  • Karma: +126/-4
    • View Profile
@opshelper well the rejection is a pile of drivel and they can't really escape the fact that the time alleged on the PCN is wrong. I'd be happy to represent you at the tribunal so I'll send you a PM about that.
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

  • Newbie
  • *
  • Posts: 13
  • Karma: +0/-0
    • View Profile
OP, I'm still fact finding..

The photos show your car with its nearside on the footway. I presume you turned in from The Broadway, so did you stop within the first few metres? I ask because you have a potential procedural defence (which was not advanced in your reps) based upon the council's power to issue the postal PCN. But I don't want to put together a sequence of events which might unravel at adjudication.

You said that a group of CEOs turned into the road, implicitly from The Broadway.

I was about to take off a group of CEO came into the street taking a picture of my car.

But if they did then at least one of them went past your car because the photos are taken from the front of your car and you've not suggested that you turned in, turned round and then parked facing The Broadway.

Please give more details regarding where you were parked, from which road did you enter and whether a photo could have been taken of the front of your car by a CEO who had just turned in to the road without going past your car.

I turned in from the Broadway and while trying to find a spot to stop, then U-turned just behind where this this link opens: https://maps.app.goo.gl/HzXiZJzTbtVTbGMw7
Yes the CEO's did not go past my car, they took it from the front of the car as they entered the street.