3. Tower Hamlets NTO parking ticket following breakdown
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Tower Hamlets NTO parking ticket following breakdown
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Hi all,

I received a PCN for parking on a yellow line after my car broke down. I am a resident parking permit holder and I had just driven off from the bay when my car broke down. I managed to stop safely on a yellow and awaited recovery. In that time I received a PCN. I appealed informally stating my case and provided invoice of recovery hoping they’d cancel it but they rejected the representation. I have now waited for the NTO to make formal reps. I have checked Tower Hamlets cancellation policy document online and it states that for broken down incidents they cancel.

I wanted to know if my information is correct and I have a case?

Thanks

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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #1 on: »
Can you please post up your representations and their response. 
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #2 on: »
I don’t have a copy of my appeal but the gist of it is I said my vehicle had broken down and I was forced to stop where I stopped as I awaited recovery I got a ticket. I stated I have attached a copy of the Recovery invoice which I provided them.

Attached is their response

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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #3 on: »
An absolutely disgraceful Fob-Off letter, one of the worst I've seen. They send these out as part of their gaming of the system to get people to cough-up, and it works !! about 99% of people just cough-up when they get something like this assuming the councils are telling the truth, Ha Ha !

What you need to do now is wait for the Notice to Owner, and submit the same reps again. However post what you sent here and we'll see if we can strengthen it.
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #4 on: »
Thank you for your reply. The notice to owner is attached in the OP
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #5 on: »
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #6 on: »
Please post up a copy of the recovery invoice, cover up only your name and address
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #7 on: »
Attached

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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #8 on: »
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #9 on: »
@Jamran please give us the PCN number and number plate so that we can look up the traffic order.

Also please confirm whether you're the registered keeper, you have the V5C, and the address on the V5C is up to date.

The bottom line is this is all but a guaranteed win as long as you play your cards right.
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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: Tower Hamlets NTO parking ticket following breakdown
« Reply #10 on: »
PCN: TT56534699
VRM: J444MRN

I can confirm I am have registered keeper and have the V5 with me. It’s all up to date.

Thanks
« Last Edit: April 01, 2024, 07:36:33 am by Jamran »
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #11 on: »
Here are:

The Tower Hamlets (Parking Places) (Map Based) Order 2019
Map tile V14
Map legend
GSV: https://maps.app.goo.gl/eMF6S5YpG4iU8fmJ8

Article 9 of the order provides that:

Articles 6, 7 and 8 of this Order do not apply to the following:
(a) a vehicle where the person in control of the vehicle is;
(i) required by law to stop;
(ii) obliged to stop so as to prevent an accident;
(iii) prevented from proceeding by circumstances outside their control;

If the car breaks down and won't move, that fits under circumstances outside your control. Of course the councils' appeals officers are unlikely to ever read a traffic order, so we'll have to take this to the tribunal, but it's hard to see how you could lose.

By the way did you have the car repaired and what was the underlying issue with it?
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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: Tower Hamlets NTO parking ticket following breakdown
« Reply #12 on: »
Quote from: cp8759 on April 01, 2024, 12:51:52 pm
Here are:

The Tower Hamlets (Parking Places) (Map Based) Order 2019
Map tile V14
Map legend
GSV: https://maps.app.goo.gl/eMF6S5YpG4iU8fmJ8

Article 9 of the order provides that:

Articles 6, 7 and 8 of this Order do not apply to the following:
(a) a vehicle where the person in control of the vehicle is;
(i) required by law to stop;
(ii) obliged to stop so as to prevent an accident;
(iii) prevented from proceeding by circumstances outside their control;

If the car breaks down and won't move, that fits under circumstances outside your control. Of course the councils' appeals officers are unlikely to ever read a traffic order, so we'll have to take this to the tribunal, but it's hard to see how you could lose.

By the way did you have the car repaired and what was the underlying issue with it?

It delevoped an electric fault that shut down the car and didn’t power on. I had to get it repaired
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Re: Tower Hamlets NTO parking ticket following breakdown
« Reply #13 on: »
Quote from: Jamran on April 01, 2024, 04:30:01 pm
It delevoped an electric fault that shut down the car and didn’t power on. I had to get it repaired
So do you have some paperwork about that repair, such as a diagnostic report or an invoice for parts and labour?
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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: Tower Hamlets NTO parking ticket following breakdown
« Reply #14 on: »
Quote from: cp8759 on April 01, 2024, 05:03:34 pm
Quote from: Jamran on April 01, 2024, 04:30:01 pm
It delevoped an electric fault that shut down the car and didn’t power on. I had to get it repaired
So do you have some paperwork about that repair, such as a diagnostic report or an invoice for parts and labour?

Yes
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