Author Topic: Islington, Code 11 Parked without payment of parking charge, Brewery Road  (Read 3013 times)

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Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #45 on: »
Sorry, to clarify I wrote the appeal to Tribunal as if I were my wife.

Because my understanding was the keeper of vehicle has to appeal at the tribunal.

When I appealed to Islington, I appealed as myself, and yes I was the driver.

Also to clarify no one was in the account.

The story is the same, I wrote it differently because I was under the impression my wife would have to make the appeal to the tribunal.
« Last Edit: November 09, 2024, 03:18:53 pm by ReflectoR »

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #46 on: »
All the correspondence has been sent in my wife's name.

Should I appeal as her or not?

P.s. when appealing directly to Islington, I did so as myself, choosing the "driver" option.
« Last Edit: November 09, 2024, 08:37:28 pm by ReflectoR »

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #47 on: »
You are missing the point which relates to the facts of the case not how reps were made.

Was the driver the only person in the car or was the person who assisted the child only a passenger with the driver remaining in the car throughout?

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #48 on: »
No one was at the car. I went to fetch them, and came back to the car with the kids plus my wife.

So no one was waiting at the car.

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #49 on: »
I've tried rewriting a draft below.

Dear Tribunal,

I am appealing this PCN relying on my original representations outlined below, and on any further material which may emerge from the Evidence Pack.

My original appeal is below, which is a reply to the original informal appeal rejection.

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?

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #50 on: »
Can I send the above then? I've only got a few days left to appeal.

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #51 on: »
Can I send the above then? I've only got a few days left to appeal.
Seems OK to me, and nobody else has commented, so submit it.

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #52 on: »
So I did the submission, and I've yet to get any evidence pack from Islington. And the hearing is on Jan 2nd, in person.

Secondly is there anyway to get a telephone hearing instead?

P.s. they responded to the subject access request and said they do not keep footage past 90days.

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #53 on: »
So I did the submission, and I've yet to get any evidence pack from Islington. And the hearing is on Jan 2nd, in person.

Secondly is there anyway to get a telephone hearing instead?

P.s. they responded to the subject access request and said they do not keep footage past 90days.
So what hearing is it, papers-only, or attendance at their office ? ALmost all adjudications nowadays are telephone-based. I think you just need to contact London Tribunals to get it altered.


Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #54 on: »
Seems to be attendance at the office.

But I've yet to get any evidence pack or anything.

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #55 on: »
They've said it a on Chancery Lane. And I should get it at least 3 days before the hearing. Which isn't much time, what happens if they don't send it 3 days before?

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #56 on: »
Seems to be attendance at the office.

Did you contact them as advised above? If not do so. What exactly does the letter say about method, date, time, and place of hearing?



But I've yet to get any evidence pack or anything.


The Council should send you a copy of the evidence pack by Christmas Day BUT Christmas post.....
If it doesn't arrive on 27th, you'll need to check Tribunal opening hours over Christmas and  contact tribunal.


« Last Edit: December 17, 2024, 09:21:13 am by John U.K. »

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #57 on: »
Update on this case, because it's nice to know.

They did not contest the PCN. So won by default.

Re: Islington, Code 11 Parked without payment of parking charge, Brewery Road
« Reply #58 on: »
Much thanks for letting us know :) ... so many threads are left hanging in the ether!
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