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How about this as a the final version? I tried to merge the various comments/versions using stamfordman's template.


Dear Harrow,

I parked briefly in this location to escort my elderly disabled father and unload his shopping into his home and left the parking place as soon as he was safely inside with his shopping, which was the purpose of this trip.
He is physically and cognitively impaired with restricted mobility and at risk of falls (medical evidence enclosed) and needs assistance with daily tasks (including alighting the car, entering the house, carrying shopping).
I invited you to accept the exemption of assisted alighting/unloading in my informal challenge but this was ignored, so I am now formally claiming the exemption(s) in my representations.

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

I did also invite you to use discretion regarding my father’s Blue Badge mishap (which was displayed but likely dislodged by the BB holder while alighting) which would also have given me parking permission, and may have been seen had the CEO checked the side window.
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.

I look forward to your acceptance of my representations.

yeh i agree, i was just conscious that some of the other previous comments mentioned not to be too harsh, so thought setting the scene first and then reminding them was a slightly softer approach.

if there are no more suggestions i will upload this version and keep you posted of their reply.

For future reference you don't have to use the Council's text input box. As you have discovered there are character limitations and quite likely formatting is also removed, even simple new paragraph markers.

Simply put in the text box something like, 'See uploaded letter of representation'. Type up your letter of representation and then print it to a PDF file. Or print it out and scan it back in to PDF. Make sure you name the PDF file appropriately eg. representation_PCN_LLnnnnnnnA.PDF and upload it as (additional) evidence.

And let's be clear, you were alighting a disabled passenger. You were also unloading his shopping. The blue badge wasn't ever required to board or alight your disabled passenger. The blue badge does however add credibility to your assertion that the person being alighted is disabled and needed assistance and nor could he deal with his own shopping.

Did you upload a copy/photos of both sides of the Blue Badge with your formal representation against the NTO? I ask because in theory it will be a different council officer, somebody within the council's parking enforcement management, who should consider your formal reps. You can't rely on them looking at evidence submitted with the informal representation. Although hopefully they will.

If it comes to it then you should appeal to the adjudicator where you should have a good chance of winning. Don't just give up and pay.

Hi All
I've just received the NOR from Harrow

https://www.dropbox.com/scl/fo/raiuh8ac0h0848ap9lklf/ADzsA7su5XB6-OjZJW7ir_U?rlkey=tmpa21fgivlt7u60u9qsrtbex&st=rqa21se0&dl=0

Interestingly, they have completely ignored my exemption appeal and focused entirely on the BB discretion and their insinuation that this is repeated behaviour is a massive exaggeration.
The last PCN was cancelled as they did not contest before tribunal because it was a no right turn sign that they admitted was turned the wrong way so i could not have seen it (ie completely irrelevant) and the one previously was won at tribunal for failing to display the clock with the BB in a time restricted area because there was no provision in the tRO that the clock had to be shown. So while a BB issue, is different from this one.
I MAY have had one many many years ago that was cancelled at their discretion for BB falling off but given i've been driving my dad around for almost a decade now as a BB holder and in hundreds of parking occurrences maybe 1 previous many many years ago may have been similar doesnt really qualify for repeated behaviour.

regardless, isnt this what is termed as fettering discretion?

in any case, i have nothing to lose to proceed to tribunal now on the exemption issue which they have ignored at both informal appeal and formal appeal.

the question is should i put anything about fettering discretion or is this irrelevant at tribunal. Any advice from those in the know much appreciated!

Register an appeal with the London Tribunals. You have no financial incentive to do anything else. For now put "detailed submission to follow" in the evidence box.

Your formal representation is fine to use as a submission to the Adjudicator in my opinion, but maybe it can be re-written/re-ordered to make the case stronger as @stamfordman has suggested.

And to restate the obvious. The Blue Badge falling on the floor is mitigation, but the BB is also firm evidence that the passenger is disabled.

You were alighting a disabled passenger and that is an exemption to the parking restriction since you had to escort him to his house and return. You also had to unload his shopping and deliver it to his house.

Alighting and escorting a disabled passenger is a valid exemption to the parking restriction, as is unloading so for those reasons display of the BB was not required and is irrelevant to the alleged allegation.

how about if i upload this:

To summarise, I was alighting a disabled passenger and unloading his shopping and that is a valid exemption to the parking restriction since I had to escort him to his house and return. The BB mishap is simply mitigation and evidence of disability, it is not required for the exemption and is irrelevant to the allegation.

Therefore, I rely on my submissions at formal representation in the first instance.

“I parked briefly to escort my elderly disabled dad & unload his shopping into his home & left the parking space as soon as he was safely inside with his shopping (the purpose of this trip). He is physically/cognitively impaired with restricted mobility & at risk of falls (medical evidence & BB enclosed) & needs assistance with daily tasks. I invited you to accept the assisted alighting/unloading exemption in my informal challenge but was ignored so I am now formally claiming the exemption(s). London Tribunals allow many appeals for assisted alighting/boarding of vulnerable/disabled people to/from premises where it takes time to do so safely according to their needs. Loading is also exempt. I also requested discretion re: my dad’s BB mishap (displayed but likely dislodged by him while alighting). Neither assisting my dad into his home nor unloading the shopping took longer than necessary, so whether under the grounds of assisted alighting or unloading, the PCN should be cancelled.”

Thanks H C Andersen, although am not sure I udnerstand all the technicalities of what you are saying.

You are saying in addition to reiterating my initial appeal, i should also point out the procedural improprieties on
a) mis-stating 28 day, CC issue etc
b) failure to consider my representations (actually not once but twice - i mentioned it at informal appeal albeit as an addendum, but put it front and centre at formal appeal and they still ignored).



which of all of these is most likely to get accepted - ie what is the correct order they should be listed?

@stamfordman

I have registered for the tribunal.
I selected 2 boxes - 1. the contravention did not occur and 2. procedural impropriety to cover all the angles discussed and asked for a telephone hearing.
I just wrote that i rely on my formal representations in the summary box for now.

Hope that's all ok.