3. Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
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Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
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Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
(nearby building address: 78 Lewisham Park, SE13 6QJ)

https://tfl.gov.uk/modes/driving/challenge-a-pcn

PCN: GF83481687 Vehicle Reg: LY05EWJ
Stopped where prohibited (on a red route or clearway)
Contravention location - Lewisham Park (Lewisham) (near: 78 Lewisham Park, London SE13 6QJ)
https://maps.app.goo.gl/kSSg3WaZqKXsQgvU9
Contravention date and time - 02 July 2023 at 11:26
Current status - Representation Rejected
Outstanding amount - £ 160.00 (originally £80 if settled within 14 days)

PCN status history (TFL PCN challenge website)
10 October 2023Representation Rejected. TfL has rejected a representation received for this PCN.
22 September 2023On Hold: SUS26 - Representation Received
12 September 2023NTO/Enforcement Notice Batched
15 August 2023On Hold: SUS09 - DVLA Action
17 July 2023On Hold: SUS26 - Representation Received (14/08/2023)
17 July 2023On Hold: SUS26 - Representation Received (14/08/2023)
10 July 2023 Email dispatched to: **********@*********** Subj FW:Representation receipted
03 July 2023 Email dispatched to: **********@*********** Subj Representation receipted
02 July 2023On Hold: SUS26 - Representation Received
Note: no emailed received at any time from tfl, phoned to let them know, they sent again whilst taking with them but still no emails arrived. They said not important as letter will be send in post.

Challenge on grounds: Mitigating circumstances.
Attended hospital for investigative MRI scan for ongoing health condition. Due to long term diagnosed condition, vision/hearing/nausea (in olden language, had a dizzy spell), being present on the road corner perhaps 8 car lengths in front of him, tried to get CEO attention but he was distracted. Sent medical evidence in with appeal letter.

Status:
Informal representation = rejected. Received letter by post.
Formal representation = rejected. Received NtO letter by post.

Current status:
Waiting for NoR letter to arrive in post. Spoke to them on the phone last Monday, they said it was posted on the 10/10/23 but nothing arrived to date.

Is my health condition and the CEO not observing my presence an acceptable mitigating circumstance?





Formal representation Letter Date: 15/09/2023

*************
******** Road
London ******

Ref: GF83481687
(LY05 EWJ)

Date: 15/09/2023

Red Routes
PO Box 335
Darlington
DL1 9PU



Dear TfL
I would like to appeal on the grounds of mitigating circumstances.

I am physically disabled requiring the use of a walking stick. I am in receipt of ESA in the Support Group and on PIP with the Mobility component.

On return to my car I was handed a penalty notice by a parking attendant on the Sunday morning.

I was attending Lewisham hospital for a MRI scan (appointment letter enclosed) and was informed my particular scan would be 20mins. I attended earlier than my appointment time slot and fortunately was then seen earlier but the scan took approx 10 minutes longer, 30 minutes in total, something to do with additional area that was scanned.

The primary health condition is POTs (Postural Orthostatic Tachycardia syndrome) (diagnosis letter enclosed) in which i will get lightheaded or dizzy and heart palpitations when rising from a resting position like the mri scan table or exerting my body to move quickly to get across the traffic on the road.

I was returning to my car with 15 minutes to spare when i had a POTs episode. I could see what i thought was a parking attendant but i was not physically able to recover enough strength to settle the heart speeding rate with its nausea affect. I did try to get his attention but he was distracted by another driver that approached and he didn’t look directly in my direction only glancing for seconds but then returning to the other driver and at his equipment.

In essence, going by my car clock i did return in time but was restricted from moving because of the POTs health episode. I did have a POTs dizzy/palpitations/nausea episode event that prevented me from mobilising quicker with my walking aid. I could not get the attendant’s attention due to the distance, the other driver and road traffic noise.

Regards.
*************

Note: The parking attendant is to be commended (8071) he was very professional and courteous, even as he realised the circumstances that it was i that was waving at him with my stick trying to get his attention, apologising a number of times as he explained that he gets cars parked in those bays all day who are not attending the hospital.
The attendant was considerate in mentioning the disabled blue badge but i reaffirmed that i believe it is unfair for me to accept the offer, even though i qualify because there are very little disabled parking spaces and i fortunately and for the time being can still mobilise albeit slowly and with painful discomfort.

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Re: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #1 on: »
You're almost out of time to appeal, would you like me to represent you at the tribunal?

At this point the discount is gone so there's nothing to be lost in carrying on, as the penalty cannot increase further even if you lose, as long as you don't miss any deadlines.
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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: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #2 on: »
Is my health condition and the CEO not observing my presence an acceptable mitigating circumstance?
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Re: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #3 on: »
You submitted an informal challenge to the PCN, and received the usual Fob-Off letter we see so often in response to informal representations. All London councils do this as well as Transport for London, because they know that most people then pay-up, not wanting to risk the full penalty by going to adjudication at London Tribunals. London penalties are double the rest of the UK, by the way, so you can see why the money just floods in.

Your letter starts by referring to mitigating circumstances, but your narrative says you arrived with 15 minutes to spare before your parking time expired, (there is also the 10 minute grace period entitlement), but was unable to drive away because of a sudden medical condition. Frankly, this is not mitigation, but a real reason for the PCN to be cancelled. I would say the statutory grounds of "the penalty exceeds the relevant amount in the circumstances of the case" applies. The sheer ruthlessness of the Transport for London officials who considered your reps just beggars believe, frankly. It seems you also submitted reps against the Notice to Owner and got the same response

Anyway, as you have been rejected both informally and formally, it is now a no-brainer to take them to London Tribunals if they have not re-offered the discount.  If they have reoffered the discount, it is your decision whether to risk the full penalty or not at London Tribunals, i.e are you prepared to stand your ground or not. For me, your "episode" was not something in mitigation, but an unpreventable occurrence that prevented you from driving off and thus the "circumstances of the case " applies.

Of course, I may be wrong, so see what the others say. When I see the ruthlessness, the venality, and the rapacity of Transport for London and also most London councils, it is clear there needs to be wholesale reform of a system that allows them earn millions of pounds from penalty charges.
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Re: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #4 on: »
Thank you for your reply.

Yes, I understand that the matter will proceed to adjudication at London Tribunals.

I will most likely be unable to physically attend the adjudication, setting aside the need to use my vehicle and subsequent congestion charge, parking costs; the stress is a direct trigger of the health condition that will prevent me from physically moving at a reasonable amount.

I am hopeing the tribunals service provides a telephone adjudication?

To date I still have not received the NoR letter as informed by TfL over the phone early last week. Should I call them again to reissue the NoR letter?

Note: the CEO did take a photo showing me seated with my walking stick and said this may help if I decide to appeal the ticket.

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Re: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #5 on: »
It is encumbent on you to register an appeal at London Tribunals, not TfL. To do this you need their rejection letter. As you have not yet received, it and as it must be sent by 1st class post, I would contact TfL again about its non-receipt.

The good news is that you don't have to attend the tribunal hearing, as most are now done over the telephone. Some of the regulars on here like a challenge so may offer to represent you at a hearing. I think you have a good case. Of course, if TfL have re-offered the discount in their rejection, you may want to consider your position as your health would seem to be against you if things drag on.
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Re: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #6 on: »
@mygive I have sent you an email.

Incandescent I know you couldn't possibly know this but strictly speaking you don't need a NoR in order to appeal, you only need to know a NoR has been issued. Not having the paper Notice of Appeal makes things procedurally a bit more long winded, but it's nothing I can't deal with.
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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: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #7 on: »
Thank you for your reply. 

"good news is that you don't have to attend the tribunal hearing, as most are now done over the telephone" this is a relief.

"you may want to consider your position as your health would seem to be against you if things drag on."  A very valet observation that I thinks most would not appreciate, thank you.

I did see the previous messages. I am caring for a friend thats going through a tough time mentally and physically and it's taking up my spare energy. This makes it difficult for me to gather my thoughts.

I did not get a chance to phone TfL to inform them that I still have not received there NoR.
The last time I phoned them they said, as I had completed the informal and formal representations, I now needed to wait for the posted paper to appeal to the Tribunal.

I intend to phone TfL Monday to let them know the NoR has not arrived.

If I am represented by someone else, what does this involve?
« Last Edit: November 04, 2023, 04:47:20 pm by mygive »
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Re: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #8 on: »
This has now been appealed 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: Lewisham, Code: 46, Stopped where prohibited (on a red route or clearway), in Lewisham Park.
« Reply #9 on: »
DNC'ed.
Logged
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
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