Free Traffic Legal Advice

While having a moan with my neighbour about the unfair CEOs in our area, he mentioned he too has been a victim of their behaviour. He has already submitted an informal challenge which has been rejected and received a NTO today. He wanted some advice on how to proceed so I mentioned the helpful people here might be able to assist.

I've asked him to dig out the original PCN so will upload that when I have it. This is the informal rep that he made:

Dear Sir/Madam
I write to you in respect of the above Penalty Charge Notice issued to my vehicle on Sunday 03rd March 2024.
 
I have been a resident on this road for 34 years, and have had a resident’s permit since the introduction of the CPZ and on the day of the penalty charge. I am well aware of the restrictions on the road that I live on and on this particular occasion I had intentionally moved my car forward to the drop kerb opposite my next door neighbour’s driveway to facilitate the transfer of my disabled father in law who had been staying with us into the vehicle. There is no other reason for me to park on the double yellow line where there was plenty of parking space available in the marked bays at the time the alleged contravention occurred.
 
I had left the hazard lights on which the CEO failed to observe, and momentarily re-entered the house to assist my father in law who is wheel chair bound, and upon returning to the vehicle a few minutes later saw the PCN had been issued. He had in his possession his blue badge which would have allowed him to have the vehicle parked there for 3 hours, however as we were merely loading passengers we did not feel it was necessary and the increased risk of having the badge stolen with the car unlocked and unattended. Please find attached a copy of the badge.
 
We would greatly appreciate if the above can be taken into consideration in reviewing this PCN.

This is the NTO that he received:



GSV: https://maps.app.goo.gl/MmBJf1dv4JdgJqbC7

@sc2509 this is the sort of idiotic PCN that are the whole reison d'etre of this website.

Here's a draft representation:



Send it online and keep a screenshot of the confirmation page, if they're stupid enough to reject one of us will sort out the tribunal appeal for you.

Thank you for your help @cp8759 and @Enceladus

We submitted the rep using the draft below. Now let's wait and see!

While having a moan with my neighbour about the unfair CEOs in our area, he mentioned he too has been a victim of their behaviour. He has already submitted an informal challenge which has been rejected and received a NTO today.

they didn't even acknowledge the fact that I was boarding a disabled passenger!

? Are we talking about you or your neighbour?

If your neighbour, do they want to accept the bribe of the discount or carry on?

Assisted boarding wasn't observed and so it's the driver's word

IMO, your/their grounds would be:
Contravention did not occur: I rely upon the exemption of assisted boarding.  which is an exemption to the prevailing restriction. I accept that this was not evident to anyone standing at the car during the 3-minute period from 7.36 to 7.39, however, during this period I was in my house, number ** which is ** properties from the dropped kerb. I specifically refer to dropped kerb because this was the sole purpose for moving my car from where I had parked in the resident's permit bay to the location i.e. to facilitate easier boarding without having to negotiate a kerb. Had I been able to do this as easily with a kerb then I would simply have left my car in situ (practically outside my house).

Procedural Impropriety
There are a couple of these.


I do not know why the issue of where the car was originally located, the need for a dropped kerb, proximity and time period weren't really fleshed out in the formal reps. Assisted boarding is not a carte blanche, it comes with conditions and IMO these have to be addressed otherwise the issue facing the adjudicator is one of whose word should be believed. IMO giving this additional info tips the balance of probabilities in the keeper's favour.

Anyway, who is the keeper and do they want to pursue to adjudication need to be dealt with first.

Sorry I was speaking on behalf of my neighbour. Spoke to him just now and he is refusing to pay and wants to take this to adjudicators (Although did warn him there is no guarantee he will win may end up having to pay more than the discounted amount!).

@sc2509 I'm going to drop you a PM in case you'd like to be represented. This is the sort of case that you can't really lose if the appeal is argued properly.