3. Mechanical Failure - Barnet PCN for Parking during Prescribed Hours
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Mechanical Failure - Barnet PCN for Parking during Prescribed Hours
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I received a parking ticket from Barnet council for parking in a restricted street during prescribed hours. I was unable to move the vehicle because of a locking malfunction. Barnet have rejected my informal appeal and sent a NtO. I've lost my copy of the PCN.

Rejection of Informal Challenge
Notice to Owner
AA Breakdown Report
Call Logs
Invoice


Draft Appeal:

Dear Barnet Parking Services

I am appealing the ticket as:

The vehicle was prevented from proceeding by circumstances beyond my control.

Please find attached:

Call logs showing call to Barnet Parking Services
Call logs showing call to Breakdown Services
Email from AA Breakdown Services confirming they carried out temporary repair

A locking mechanism malfunction meant I was unable to move the vehicle. This unforeseen issue had not previously occurred, and the car was otherwise in good repair. The prescribed parking hours on the street commenced at 11:00; I had parked the car there earlier that morning.

On 12th May, 10:52, I contacted the Breakdown Services to arrange recovery of the vehicle. At 11:02, before receiving the PCN, I contacted Barnet Council Parking services to inform them that my vehicle had malfunctioned. They advised they were unable to pre-emptively cancel any PCNs; rather, I should contact them if I were to receive one and they would cancel it. Please see attached call logs evidencing these calls.

At 11:03, a PCN was given.

I am disappointed that having received a PCN, you have declined my informal representations, thereby not acting in accordance with your instructions.
« Last Edit: June 22, 2023, 07:06:11 am by jdan »
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Re: Mechanical Failure - Barnet PCN for Parking during Prescribed Hours
« Reply #1 on: »
OP---their rejection letter suggests that loss of keys is not a reason to cancel the PCN. You must therefore expand your argument to state that it was the ignition lock which caused the problem.

You have a compelling reason for cancellation in that it was beyond your control to move the vehicle and that you took all reasonable measure to rectify the situation as soon as possible.

Mike
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Re: Mechanical Failure - Barnet PCN for Parking during Prescribed Hours
« Reply #2 on: »
I think you'll need to give a more detailed account of what the failure was, as the invoice & the AA report doesn't really say anything.

What was actually wrong, and what did they do to fix it?
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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: Mechanical Failure - Barnet PCN for Parking during Prescribed Hours
« Reply #3 on: »
Here is The Barnet (Free Parking Places, Loading Places and Waiting, Loading and Stopping Restrictions) Consolidation Order 2014, article 12(1)(b) has an exemption for reasons beyond your control:



As above, you need to tell us what was actually wrong with the vehicle.
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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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