Author Topic: Harrow PCN Parked in residents bay without valid permit, BB holder, half of badge fell off dashboard  (Read 5979 times)

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@Andersen

I uploaded what i posted before (which was a very subtle variation of your very helpful template) to the tribunal portal under " additional evidence".

Hopefully that was the right thing to do and i didnt need to upload somewhere different?

the tribunal is set for May 1st.

I'm assuming its best to attend the telephone hearing rather than have it heard based on just the paper evidence?

I dont know if im supposed to hear back anything before that date or not?






Yes you must attend the hearing in some way. They also do Microsoft Teams.

is there any notification or instruction before the hearing?

the order of submissions has been.

1. i registered the appeal
2. council uploaded evidence 1.5 weeks ago.
3. I uploaded my appeal yesterday (as posted plus BB plus medical evidence) and receive auto- confirmation.

Does anything else happen before now and the tribunal or i just expect someone to phone me at the time?


just a quick nudge on this - is there anything else im expected to do before the hearing?

So today i received a voicemail from london tribunals to say my hearing tomorrow is cancelled and will be rescheduled to a date in a couple of weeks that i cant make !
Do i have flexibility to change this given they decided to cancel so last minute?!

They must rearrange it to fit in with you - there should be no problem as they sit 6 days a week. Call them and say from when would suit you.

thanks,
apparently the next available date isnt until the end of july so it has been rescheduled to then.
hope they dont cancel last-minute again.

Good news update !

Just wanted to update you all that i just had my hearing and the adjudicator allowed the appeal within less than 2 minutes.

So wanted to relay thanks, particularly to HC Andersen for a well crafted response, because although i was all geared up to explain my story, she didnt actually need much more from me at all.


Good - but this should not have been contested by Harrow. 

Well done - case number please, as may assist others.

Case number is 2250042794

Thanks All

Does anyone know how i can tag H C Andersen so he sees this?
 


Great, thank you so much for your help.


@stamfordman, judging by your comment that harrow should not have contested, do you think there are grounds for a cost order? i wasn't going to bother unless anyone here thinks its worth it - they did fail to even consider the exemption at every stage which the adjudicator alluded to but didnt comment on any procedural impropriety.


It doesn't cost anything to ask for costs but it's a high bar and probably won't succeed. I think it's worth a go given the adjudication.


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Case reference   2250042794

The Appellant is appealing a Penalty Charge Notice issued in respect of parking in a permit holder only space at the location.
The Appellant has attended the hearing and given evidence.
The Council relies upon photographic capture of the vehicle, a copy of the PCN, a copy of the relevant legislation, and correspondence.
The Appellant contends that she should benefit from an exemption contained within the relevant Order. She has contended from the outset that, at the relevant time, she was assisting her father, who holds a valid Blue Badge. She contends that she was escorting her elderly father to his home and unload his shopping into his home. This took a number of trips back and forth, and he could not do this due to his serious health difficulties. As soon as he was safely inside his house, she returned to the vehicle.
I have carefully considered all the evidence in this matter.
The footage relied upon by the Council shows the vehicle parked and unattended at the location.
Article 11 of the Order which creates the restriction sets out an exemption if a vehicle is waiting, "for so long as may be necessary to enable that person to board or alight from the vehicle or load thereon or unload therefrom their personal luggage.".
I am satisfied having heard the Appellant' oral evidence that this exemption has been established.
I therefore allow this appeal.