Author Topic: Harrow PCN Parked in residents bay without valid permit, BB holder, half of badge fell off dashboard  (Read 3476 times)

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dbcc33

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Yes log book up to date.

I didnt realise i could send another challenge now. How do i do that? via email? is it worth submitting something along the lines of HCA's template or better to just wait for nto.

Basically if there's anything i can do within the 14 days that makes it more likely for them to preserve the discount at the formal appeal stage then maybe its worth doing....

H C Andersen

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My suggestion is for the NTO.

stamfordman

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Agreed - I know you want to avoid paying full price but they rely on people caving in. Just wait for the NTO.

dbcc33

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Thanks/ Do you know of any of these that have been successfully appealed that had a 7min or more observation period? as the others in the examples seem to have shorter times

H C Andersen

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Obs period is not the issue if, as you say, you took your father to the destination, returned as quickly as permissible and then similar for the load.

The obs take as long as they take.



dbcc33

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How about this as a formal representation?


I had parked at this location to drop-off my disabled father, assist him into his home (first journey) and unload his shopping (second journey) as he is physically and cognitively impaired and at risk of falling (medical evidence enclosed) and needs assistance with basic activities of daily living.
I was entitled to park there as per the exemption of transporting a Blue Badge holder (BB enclosed), which I checked was displayed on the dash and estimate that both trips took no longer than 8 mins cumulatively.
As I was focused on my father’s wellbeing due to his restricted mobility, I did not realise until I returned to my car to drive away that half of the BB has fallen into the footwall (other half was displayed), and can only guess that my father may have knocked it down while exiting the car as I recall him dragging his walking stick across the dash.
Had the CEO checked the side window he may have seen the fallen BB (there are no side photos).

I am certain that neither assisting my father into his house nor unloading the shopping took longer than necessary and therefore submit that whether under the grounds of assisted alighting or unloading, the PCN should be cancelled. If neither exemption is accepted, then I would request that the authority exercise discretion on the BB mishap.


@stamfordman and @andersen - any pointers would be much appreciated !

stamfordman

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I'll redo this for you but not today - will aim for tomorrow.

dbcc33

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Thanks Stamfordman - appreciated - especially since it's the Xmas hols coming up !


stamfordman

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I think this will do. How far to the house? Could also mention a second visit to get shopping which also is reasonable as part of the assistance provided you didn't start cooking... You could also include a medical note rather than say it could be supplied if they want it.

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Dear Harrow,

I invited you to accept the exemption of assisted alighting in my informal challenge but you ignored that, so I am now formally claiming the exemption in my representations.

I parked briefly in the parking place to escort my elderly disabled father to his home and returned to the car as soon as he was safely inside with his shopping, which was the purpose of our trip.

As the authority is aware there are numerous allowed appeals at London Tribunals where such assisted alighting or boarding of vulnerable or disabled people to and from premises takes place and where it takes the time needed to do so safely in accordance with their needs.

I did also invite you to use discretion as we had a mishap with displaying my father’s Blue Badge, which would also have given me permission to use the parking place.

My father is physically and cognitively impaired and needs assistance alighting the car and getting into the house. I enclose his Blue Badge again. Should you want any information on the nature of my father’s disabilities (he has restricted mobility and is at risk of falls) I would be happy to supply them to support the assisted alighting exemption.

I look forward to your acceptance of my representations.

dbcc33

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Thanks Stamfordman,

The house was very close so a non-disabled person could get in in say 1 min (2 mins in and out), but my dad takes 3X as long as me at least so 1 min for us is 3 mins for him.
The first journey was with him so lets say 3-4 mins to get him inside and then i had to get the shopping  --- no i didn't cook but i unloaded, so that could have easily added another 2-3 minutes.

So maybe 3-4 mins each time. ie no more than 8 mins total.




stamfordman

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I would go with what I've suggested but amend this line. This covers the exempt activity without volunteering detail about the shopping. If they really want to force you to the tribunal over the 7 mins observation time you can tell the adjudicator you couldn't both escort and carry shopping.

Or you can put that detail in now - see what others say. 

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I parked briefly in the parking place to escort my elderly disabled father to his home and left the parking place as soon as he was safely inside with his shopping, which was the purpose of our trip.

dbcc33

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Thanks Stamfordman,
Is this because you think assisted unloading is less likely to be accepted than assisted alighting?
Is it not important to state that i think my father MAY have knocked off the BB upon alighting- i recall someone suggested they should make allowance for this.
So assisted alighting and unloading should be exempt, but even if they dont accept that then they should consider that we did display the badge but it got knocked off during alighting by a BB holder.

stamfordman

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The critical thing to understand about the tribunal is that adjudicators can't consider mitigation such as the blue badge issue; they can only allow appeals based on law and alighting/boarding and loading are exemptions not mitigation, although both must usually be proved with evidence, especially where assistance is needed meaning you have to leave the car unattended, or you have to fetch a preordered load from somewhere.

So to lay this on thick you can say the below.

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I parked briefly in the parking place to escort my elderly disabled father to his home and left the parking place as soon as he was safely inside with his shopping, which was the purpose of our trip.

As the authority is aware there are numerous allowed appeals at London Tribunals where such assisted alighting or boarding of vulnerable or disabled people to and from premises takes place and where it takes the time needed to do so safely in accordance with their needs.

As the authority is also aware, loading is also an exemption and I had to return to the car to get my father's shopping after assisting him to his home.

etc as before.

dbcc33

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ok thank you for clarifying. I have lots of medical assistance to show his medical/mobility needs so i will enclose that with the representation as i did at informal reps (can always present more at tribunal if needed)