Hi
@stamfordman,
@H C Anderson,
@IncandescentThanks again for all your help.
I've drafted a response below (heavily borrowing from your points), if you have any feedback please let me know. In particular, whether it is worth including the assisted boarding argument.
Also; my conversation with the CEO - I think I told him I had just parked and crossed over to pick up my daughter. We didn't spend much time talking, I tried to appeal to him to be reasonable, that I had just parked and crossed the road to pick up my daughter as she came out, but he made it clear he wasn't going to cancel the PCN so I didn't bother continuing to talk to him. He said he would put a note on the PCN to that effect.
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Dear Sir/Madam.
I am writing to appeal PCN IZ37568464. The contravention did not occur, for the following reasons:
1. The PCN evidence fails to prove that all required test criteria for contravention code 25 were met
The contravention code 25 restriction is a two-part test, both of which must be satisfied (conjunctive) in order to not be in contravention i.e. a goods vehicle and 'loading'. However, the objective tests are not the same.
Whether a vehicle is a 'goods vehicle' can be determined by instant observation, but the second component of the test (loading) cannot; Civil Enforcement Officers are required to observe the vehicle for a sufficient period of time to determine if loading is occurring, and in this instance the CEO failed to do so; they made an instant determination, as shown by the PCN's evidence. The PCN evidence begins at 17:38, and from the beginning of the evidence it shows the PCN attached to my vehicle (at 17:38), i.e. the CEO saw my vehicle and immediately issued and attached a PCN. They failed to sufficiently assess the loading component of the test, and therefore this PCN is invalid.
They effectively applied the wrong contravention code test when determining that the alleged contravention had occurred. They only applied the test conditions for contravention code 23 ('Parked in a parking space or area not designated for that class of vehicle') because this only requires observation of whether a vehicle is a 'goods' vehicle, but code 23 was not the code assigned to this PCN.
2. Assisted boarding exemption
My 16 year old daughter has hypermobility, which means she can suffer from extreme tiredness, aching joints and muscles. This NHS website gives some of the symptoms:
- 'Joints move too much: Extra movement can cause the joints to become unstable or work harder to stay in place.
- Muscles have to work overtime: Muscles may become tired, tight, or sore from trying to keep joints stable.
- Increased risk of sprains and strains: Looser ligaments may not support joints as well during everyday movements or exercise.
- Poor posture or coordination: This can develop over time if the body is constantly compensating for joint instability.
- Pain may affect knees, ankles, shoulders, wrists, and the back, but any joint can be affected. Fatigue and difficulty with balance or coordination are also common.'
On the day in question my daughter had completed 5 hours of dancing, acting and other intense physical activity at a Theatre school ('West End MT' on Hornsey Road, this combined with her hypermobility meant she would be in intense discomfort and so I sought to minimise this by parking in the loading bay directly opposite her theatre school so that I could assist with her heavy bag and boarding into our car. In the period when I crossed the road to collect and assist my daughter the CEO drove up and immediately issued the PCN. I saw him, crossed the road again and explained that I had just crossed the road to momentarily pick up my daughter, but he was unwilling/unable to cancel the PCN. But this is a second reason that the alleged contravention did not occur because of the assisted boarding exemption.
I look forward to your response,
Yours sincerely