3. Islington, Code 11 Parked without payment of parking charge, Brewery Road
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #15 on: »
They have mis-stated the law on assisted boarding/alighting.

Quote
Although the picking up of people is permitted at the location, this must be done promptly, and the driver must remain with the vehicle.
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #16 on: »
Great! Thanks John.

So should I respond with this or wait for the NTK?
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #17 on: »
Wait for the NtO. See what the experts here have to say.
If you want to keep the discount, they have given you until 23rd to have the money in their account, but I suspect you may be advised to press on and probably end up paying nothing.

Meanwhile, physically check your V5C - is it your name and address, and is the address correct in every particular? When was it last updated?
« Last Edit: July 06, 2024, 05:41:10 pm by John U.K. »
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #18 on: »
The v5c is in my wife's name and at our current address.

When you respond again Islington usually put the PCN on hold, and the discount is extended, sometimes.
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #19 on: »
Quote from: ReflectoR on July 06, 2024, 08:28:37 pm
When you respond again Islington usually put the PCN on hold, and the discount is extended, sometimes.
To be honest in a case like this that should go to the tribunal anyway, the discount is largely irrelevant.
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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: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #20 on: »
Okay I will wait for NTO, and then I think you can appeal one more time the NTO before it goes tribunal, if I am correct?
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #21 on: »
Quote from: ReflectoR on July 08, 2024, 03:11:59 pm
Okay I will wait for NTO, and then I think you can appeal one more time the NTO before it goes tribunal, if I am correct?
When you get the NTO you must make formal representations, if those representations are rejected then you can appeal against that rejection to the tribunal.
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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: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #22 on: »
I would request the CEO's notes to corroborate the bodycam SAR. Let's hope a more senior officer considers the formal representations.
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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
Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #23 on: »
OP, it's a no-brainer to wait for the NTO.

Amid all the verbiage of their response, the following stand out:

1. 'Although the picking up of people at the location is permitted..'

2. '..the driver must remain with the vehicle'.

1, Excellent news, they knew and now so do we.

2. Garbage. We know and soon so will they! 


In any reps, I'm tempted to suggest you weave in something along these lines..

..while one part of me wants the authority to cancel the PCN now, another part wants you to continue your baseless argument regarding loading/assisted boarding to enable me to obtain a costs award which might go some way towards compensating me for the wholly unnecessary time and effort which the authority's pursuit of the PCN has caused. ...

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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #24 on: »
Quote from: H C Andersen on July 09, 2024, 12:14:52 pm
OP, it's a no-brainer to wait for the NTO.

Amid all the verbiage of their response, the following stand out:

1. 'Although the picking up of people at the location is permitted..'

2. '..the driver must remain with the vehicle'.

1, Excellent news, they knew and now so do we.

2. Garbage. We know and soon so will they! 


In any reps, I'm tempted to suggest you weave in something along these lines..

..while one part of me wants the authority to cancel the PCN now, another part wants you to continue your baseless argument regarding loading/assisted boarding to enable me to obtain a costs award which might go some way towards compensating me for the wholly unnecessary time and effort which the authority's pursuit of the PCN has caused. ...



I want to add that in too. Haha.

Thank you for the help and support, I am waiting for the NTO. Sorry for the late reply, I have been away for work.
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #25 on: »
Okay,

the NTO has finally arrived, well actually it arrived on the 5th of August. I've just got around to writing out a draft below. Please if you all could pick it apart, I'd be grateful. Thank you so much.

Dear Islington,

I am responding to the NTO for PCN: IZ30900529. VRN: LK56CSZ.

This is my formal representation, and I am appealing on the same grounds that I did in my original informal appeal.

It was rejected wrongly. The correspondence officer, Mo Ali, has misstated the law by saying that ‘Although the picking up of people is permitted at the location, this must be done promptly, and the driver must remain with the vehicle.’

This is incorrect, the driver does not need to remain with the vehicle. And it also doesn’t make sense, considering the assistance part, if the driver is with the vehicle who is to do the assistance?

While one part of me wants the authority to cancel the PCN now, another part of me wants you to continue your baseless argument regarding loading/assisted boarding to enable me to obtain a costs award which might go some way towards compensating me for the wholly unnecessary time and effort which the authority’s pursuit of the PCN has cased.
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #26 on: »
You need to lose the last paragraph and more politely restate the grounds of the initial challenge as an exemption. 
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #27 on: »
Here is the modified version:

Dear Islington,

I am responding to the NTO for PCN: IZ30900529. VRN: LK56CSZ.

This is my formal representation, and I am appealing on the same grounds that I did in my original informal appeal.

It was rejected wrongly. The correspondence officer, Mo Ali, has misstated the law by saying that ‘Although the picking up of people is permitted at the location, this must be done promptly, and the driver must remain with the vehicle.’

This is incorrect, the driver does not need to remain with the vehicle. And it also doesn’t make sense, considering the assistance part, if the driver is with the vehicle who is to do the assistance?

What I was trying to explain in my earlier appeal was that 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 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.

By the time the warden printed the PCN and stuck it on the window to take photos, we were already loading the car, and my daughter was already sitting inside the car. If you check the warden's bodycam you will find that it corroborates my story. Furthermore, you can see on the passenger side of the vehicle, near the back, my wife holding our baby, to put him in his car seat, and you can see the pushchair beside her in the same photo.

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.

The Islington (Charged-For Parking Places) Order (Consolidation) 2023 has an exemption for assisted boarding at article 13(1)(a). And your correspondence officer Mo Ali, made a mistake in stating that the driver must remain with the vehicle. If this was the case, who is doing the assistance?
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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #28 on: »
Apologies if this is already known; but, when you go to challenge online, what are the grounds stated on their website please?  There may be an issue.
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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
Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #29 on: »
I'm not too sure what you're asking?

I think the 28days area nearly up for the NTK, should I send what I have?
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