Free Traffic Legal Advice

Hi all,

NOTE: I am reposting this hopefully it is more in line with the guidelines. I am sorry for my previous post, it was too late for me to edit it.

Thank you all in advance, as always.

I thought I was parking for a second and popping into the flats opposite to help bring a baby and all his stuff to the car. So I pulled up into a Pay and Display, I have a permit for the nearby resident bays, but they were all full, and there were only double yellows.

By the time I got back to the car, approximately 3 to 5 minutes later, the Ticket Warden was already at the car.

No PCN on windscreen yet, so I started loading the car. As you can see in the pictures (I've blurred out our faces).

Note in PIC 2 you can see the pushchair on the side.

It's not clear in any of the PICS, but my daughter is already sitting in the front seat. I think this is why in PIC 3 he zoomed in on the VIN, instead of the standard pic where its a closeup of the PCN on the windscreen.

When I arrived the PCN was not printed yet, and then he printed it as I was loading. And I asked him to just give it to me, but he didn't want to. He told me to appeal it, and they will check his bodycam to see that I have already arrived. I don't know how true that is.

The observation time is from 16:11 to 16:11, 0 minutes.

Do I have a case? What is the best way to word it?

PICTURES BELOW:

PCN FRONT:


PCN BACK:


PIC 1:


PIC 2:


PIC 3:


PIC 4:

To follow on from the previous post..

Make reps and claim that you were simply assisting a young child (* year-old)to the vehicle and loading their paraphernalia from ****(address) which is an adjacent property. Loading and assisting your child into the car were witnessed by the CEO and recorded in their photos, see attached.

You understand why the CEO continued to serve the PCN as this was already being prepared when we returned and they may not cancel a PCN in these circumstances, however, as these are exempt activities you would expect the authority to cancel the PCN.



If these aren't exempt activities then they'll tell you. You don't need to research this beforehand IMO.

Thank you so much for your replies!! Sorry for my delay, I have a draft below:

I am writing to make representations against PCN IZ30900529.

I parked for a moment to go into the flats opposite to help bring a baby and all his stuff to the car. So I pulled up into the nearest available bay, which was a pay & display to help onboard a 6 month old baby, and all his belongings, including his pushchair (you can even see this pictured on the side of the vehicle).

All other spots were taken, otherwise I could have even parked in a permit holder bay, for which I have a permit.

When I came back to the car the warden was already at the car, however, he had not issued the PCN yet, the windscreen was empty, and the PCN was not yet printed. However, he did explain that he had already submitted it and it was too late to cancel, so he printed it anyway.

We were already loading the car, and my daughter was already sitting in the front seat, by the time he had printed the PCN, stuck it on the window and took pictures. If you check the wardens bodycam you will find that it corroborates my story.

It’s not clear in any of the pictures that my daughter was sitting in the front seat because of the reflection on the windscreen, however, you will notice the warden has taken an extremely close up picture of the PCN, with the vehicle VIN number, I believe this was to avoid taking a picture of my daughter, who is only 7.

Furthermore, you can see on the passenger side of the vehicle, near the back, my wife holding our baby, to put him in his carseat.

To add to this, you can see the observation time is from 16:11 to 16:11, which is 0 minutes. Hardly anytime at all to help onboard a baby, and his belongings into the car.

Here is a link to a blanket order that covers all paid bays in the Islington borough.

The Islington (Charged-For Parking Places) Order (Consolidation) 2023

You will find under the relevant article 13(1)(a) an assisted boarding exemption. I would like the PCN canceled based on this exemption.

Thank you kindly,

ReflectoR

Wait for some tweaking by the experts.

Meanwhile, a couple of  small points

1) a deletion needed - at this stage you're seeking to persuade, not antagonise:

It’s not clear in any of the pictures that my daughter was sitting in the front seat because of the reflection on the windscreen, however, you will notice the warden has taken an extremely close up picture of the PCN, with the vehicle VIN number, I believe this was to avoid taking a picture of my daughter, who is only 7.

2) and an alteration - you are claiming a statutory exemption, not saying it would be nice if they'd grant it.

I would like the PCN canceled based on this exemption.  I claim this exemption and look forward to the cancellation of this PCN.

-------------------------------------------
EDIT

We were already loading the car, and my daughter was already sitting in the front seat, by the time he had printed the PCN, stuck it on the window and took pictures. If you check the wardens bodycam you will find that it corroborates my story.

It’s not clear in any of the pictures that my daughter was sitting in the front seat because of the reflection on the windscreen, however, you will notice the warden has taken an extremely close up picture of the PCN, with the vehicle VIN number, I believe this was to avoid taking a picture of my daughter, who is only 7.

Looking for a way to re-instate your daughter's age , I thought of adjusting
my daughter was already sitting in the front seat to
my seven-year old daughter was already sitting

BUT that reminded me that you don't want to be admitting to having a 7year old in the front seat
(see
https://www.childcarseats.org.uk/carrying-other-peoples-children/child-seat-and-seat-belt-laws/
https://blog.halfords.com/can-my-child-sit-in-the-front-seat-of-a-car/
https://www.gov.uk/child-car-seats-the-rules    )

so probably best to change in the front seat to in the car.

+1


Please post your final draft here before submitting.

Looks good to me.

In parallel, I'd make a subject access request for the bodycam footage, there's a form you can fill in on https://www.islington.gov.uk/about-the-council/information-governance/data-protection/subject-access-request

Okay, what is the footage for, if you don't mind me asking?

You've mentioned it in the representation and you've said it will corroborate your story. So, we might as well get it and have a look. You have to request it now because it could take a month to come back, if you wait for the notice of rejection then there won't be enough time to wait for it.

I've never seen a council produce such footage at the tribunal (apart from Bexley) so if it hurts your case, we can just ignore it. If it helps you, you can use it as an item of evidence for your tribunal appeal.

I just got a rejection to my appeal. I have posted the response below. I am thinking to respond to this rejection first, instead of simply just waiting for the NTO. What do you think? I'm not too sure how to word the response.

Side note: I submitted the subject access request.

appeal rejection pg 1/2


appeal rejection pg 2/2