Author Topic: Haringey Code 19- Fairview road - Expired Permit  (Read 2699 times)

0 Members and 226 Guests are viewing this topic.

Re: Haringey Code 19- Fairview road - Expired Permit
« Reply #30 on: »
@cp8759 I've noticed that my deadline is actually Friday 2 August 2024.

Re: Haringey Code 19- Fairview road - Expired Permit
« Reply #31 on: »
Here's the best I can come up with in the circumstances:

Dear London Borough of Haringey,

On the day in question I was visiting my parents and I was well aware of the requirement to display a valid visitor's permit between the hours of 10 and noon.

I realized at around 9-9:15 that I needed to scratch out a permit and go outside to display it in the car. This was around Breakfast time for my two children. My wife was still upstairs so I had them both to feed, I put the one year old in the highchair and gave her Weetabix. The 2 year old was seemingly occupied with his cereal so I thought I'd grab a moment to scratch out the permit. I gave my phone a cursory glance to check the date while keeping an eye out to prevent a Weetabix tornado. I saw it was the 1st and proceeded to scratch it out.

Calm moments don't last too long and soon noticed the 2 year old run out of his seat, I carried on scratching slightly distracted and must've scratched April by rote. It all went downhill from there... I heard a muffled thud from the dining room and my oldest bursting into loud wails. I grabbed the permit and ran. By the time I had the situ under control I really needed to run to the car. however I came back to the kitchen and discovered that the 1 year old had happily used my absence to practise her make-up artistry - with Weetabix! I must admit by that point I was a bit flustered and yelled to my wife to come down while I ran out to the car. I finished scratching it out and made a dash for it. When came back I had the honors of weeding the Weetabix out of said youngest's hair, and I didn't give another moment's thought to the permit. It wasn't until around 11:45 when my mother mentioned some event that was due to take place on 9th May and she said "next week" that it hit me. I zipped out to the car but it was too late and a penalty charge notice had been issued.

I would point out that 1st April was not a Wednesday, while 1st May was a Wednesday. The last 1st April that fell on a Wednesday was in 2020 and the next 1st April falling on a Wednesday is in 2026, but as the permit requires the year to be scratched out there is no possibility of this permit having been used in 2020 or being re-used in 2026, this does not render the permit compliant but is clear evidence for the fact that there was no attempt to deliberately abuse the parking facilities nor has there been any attempt to re-use a permit.

In light of these mitigating circumstances I would invite you to consider not pursuing enforcement on this occasion, and you will no doubt be aware that the fact that a contravention occurred is not, in and of itself, a reason to refuse to exercise your discretion as requested.

Yours faithfully,

Send the representation online and keep a screenshot of the confirmation page.
« Last Edit: July 29, 2024, 08:59:52 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 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: Haringey Code 19- Fairview road - Expired Permit
« Reply #32 on: »
@cp8759 No I did not, I already received the PCN and wasn't going to use another one for 15 mins. You can include the proof of the fact that the 1st of April wasn't a Wednesday. Also I'm not sure what can be done about the lack of VRM.
« Last Edit: July 28, 2024, 01:04:47 am by roadster01 »

Re: Haringey Code 19- Fairview road - Expired Permit
« Reply #33 on: »

Re: Haringey Code 19- Fairview road - Expired Permit
« Reply #34 on: »
OP, can we go back to the permits pl.

Your account and the vouchers are at odds on the face of it. The permits are very badly worded IMO. If you took their instructions literally then drivers are hostage to events outside their control.

Why?

Because the permits state:
Visitors Hourly Parking Permit
Scratch out time of arrival.

So, how might a driver apply this when parked in a part-time bay?

Display the permit when parking but don't mark this time, mark when the restriction comes into force?
Don't display the permit until the last minute and scratch out the time when the permit is displayed?

Is there anything on the back which helps a driver interpret the otherwise clear but very difficult to comply with instruction on the front?

If not then the circumstances at 10am would have been beyond your control.

If not, could this be fed into your reps?

We haven't seen your initial reps so don't know what you've already said.

At least you could bat away any argument that you should have chosen a quieter time to fill out the permit i.e. children eat when they will; had to wait until nearly 10 so that you wouldn't be displaying a permit which indicated your arrival X hours into the future; perfect, or imperfect, storm of events.
And acknowledge making a complete hash, in fact the only thing you got right was the time..and even this wasn't when you arrived/displayed the permit!
« Last Edit: July 29, 2024, 10:14:34 am by H C Andersen »

Re: Haringey Code 19- Fairview road - Expired Permit
« Reply #35 on: »
@roadster01 I've finished off the draft in post 31 above.
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: Haringey Code 19- Fairview road - Expired Permit
« Reply #36 on: »
@cp8759 I finally received my reply. Rejected. Any use taking this further? Or should I just pay?

https://drive.google.com/drive/folders/1nQQXn-FU89_Te5eJEXq1Uf24zzHW9rAD?usp=drive_link

Re: Haringey Code 19- Fairview road - Expired Permit
« Reply #37 on: »
@roadster01 well as they've not reoffered the discount you might as well appeal, as you have nothing to lose: appealing is free and if the appeal is unsuccessful you still only have to pay £80, so the worst case scenario is that you're no worse off than you are right now.

I'll drop you a line in case you'd like to be represented.
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: Haringey Code 19- Fairview road - Expired Permit
« Reply #38 on: »
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: Haringey Code 19- Fairview road - Expired Permit
« Reply #39 on: »
Good to see the Practice Direction of former Chief Adjudicator, Martin Wood, being followed. One other, Mr Lane, has now sadly retired.  :'(
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r