3. My appeal was rejected for dropping of in a loading bay
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My appeal was rejected for dropping of in a loading bay
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Hi,

I delivered a parcel with my own car and parked on a loading bay. I sent proof of delivery but they claim that they observed me for 7 min and I did not return to my car so they will not cancel the ticket.
Can someone please advice how to take this further.
Thank you
Chaim4168

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Re: My appeal was rejected for dropping of in a loading bay
« Reply #1 on: »
Post the PCN and photos your challenge and the response also a GSV of the location
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Re: My appeal was rejected for dropping of in a loading bay
« Reply #2 on: »
attached again

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Re: My appeal was rejected for dropping of in a loading bay
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Quote from: chaim4168@gmail.com on August 24, 2023, 05:40:52 pm
Hi,

I delivered a parcel with my own car and parked on a loading bay. I sent proof of delivery but they claim that they observed me for 7 min and I did not return to my car so they will not cancel the ticket.
Can someone please advice how to take this further.
Thank you
Chaim4168
You said that you included proof of delivery.
They say they asked but got nothing from you.
What proof did you send and when?

No brainer to appeal to adjudicator now but you will need to show some proof and justify the time taken, we can guide if needed but tell us the story first...why 7 minutes?

There is also a technical argument on use of cameras in Red Route bays, can be included in the appeal
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Re: My appeal was rejected for dropping of in a loading bay
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@chaim4168@gmail.com would you like me to represent you at 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: My appeal was rejected for dropping of in a loading bay
« Reply #5 on: »
thanks for your reply

i sent them a invoice from the business i work for.

the invoice was for the a nearby shop just few meters from the parking spot

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Re: My appeal was rejected for dropping of in a loading bay
« Reply #6 on: »
Quote from: chaim4168@gmail.com on August 28, 2023, 08:37:12 am
i sent them a invoice from the business i work for.
Sent to whom exactly?

Relying on paperwork alone and/or appealing without representation can lead to disaster, see these cases:

http://forums.pepipoo.com/index.php?showtopic=149680
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/warwickshire-cc-pcn-code-24-not-within-markings-of-bay-lakin-road-warwick/

I'd rather not add any more cases to that list.
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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: My appeal was rejected for dropping of in a loading bay
« Reply #7 on: »
hi

once i got the PCN i have made a reprseantion, after their reply that they need proof of delivery i sent to TFL the invoice
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Re: My appeal was rejected for dropping of in a loading bay
« Reply #8 on: »
i sent them a invoice from the business i work for.

the invoice was for the a nearby shop just few meters from the parking spot

Is insufficient. On this point you need to establish the link between your private car being in the loading bay and your employer e.g. works instruction to you to deliver on the day in question etc.
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Re: My appeal was rejected for dropping of in a loading bay
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Quote from: chaim4168@gmail.com on August 30, 2023, 03:28:54 pm
once i got the PCN i have made a reprseantion, after their reply that they need proof of delivery i sent to TFL the invoice
Please show us:

1) Your initial representation,
2) TFL's response,
3) The reply you sent back.
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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
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