3. Parked or loading in restricted street
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Re: Parked or loading in restricted street
« Reply #15 on: »
Total failure to consider. If it were me, I'd wait fopr the NtO and make the same reps, add ing supporting evidence from the passenger of the doctor's appointment, but see what the experts here say.
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Re: Parked or loading in restricted street
« Reply #16 on: »
Quote from: John U.K. on April 09, 2024, 04:24:04 pm
Total failure to consider. If it were me, I'd wait fopr the NtO and make the same reps, add ing supporting evidence from the passenger of the doctor's appointment, but see what the experts here say.


I think somebody earlier in the thread made the mistake of thinking Dr Power is a medical doctor.

I don't think that's what Dr Power is...  https://drvspower.co.uk/

(The OP repeated the error by copying the suggested reps verbatim - even though they must have known there was no "consultation" and no surgery)

[Edit:  no criticism intended of the original error.  I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]
« Last Edit: April 09, 2024, 07:38:12 pm by ManxTom »
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Re: Parked or loading in restricted street
« Reply #17 on: »
Quote from: ManxTom on April 09, 2024, 06:55:40 pm
Quote from: John U.K. on April 09, 2024, 04:24:04 pm
Total failure to consider. If it were me, I'd wait fopr the NtO and make the same reps, add ing supporting evidence from the passenger of the doctor's appointment, but see what the experts here say.


I think somebody earlier in the thread made the mistake of thinking Dr Power is a medical doctor.

I don't think that's what Dr Power is...  https://drvspower.co.uk/

(The OP repeated the error by copying the suggested reps verbatim - even though they must have known there was no "consultation" and no surgery)

[Edit:  no criticism intended of the original error.  I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]

That is correct. Dr. Power is the name of the coffee shop in which we had attended. I hadn't noticed the first part of the appeal mentioning the 'surgery' but in the second paragraph of appeal the cafe is mentioned
« Last Edit: April 11, 2024, 12:54:16 pm by privates »
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Re: Parked or loading in restricted street
« Reply #18 on: »
Quote from: ManxTom on April 09, 2024, 06:55:40 pm
[Edit:  no criticism intended of the original error.  I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]
I would suggest anyone drafting representations should check the basic facts. If someone is drafting reps based on boarding / alighting to a doctor's surgery, the person drafting the suggested reps should go onto google maps and check the distance between the place where the vehicle was parked and the doctor's' surgery to ensure the reps are credible, such basic checks would have highlighted in this case that there is no doctor's surgery.

If this ends up at the tribunal an explanation will be needed, which will unfortunately mean throwing the author of the suggested reps under the bus (by basically just telling the adjudicator that said author drafted the representations without checking the facts); this is unfortunate but it's better that we hold our hands up and win rather than overlook the issue and make the adjudicator suspicious as to what's going on or worse make him doubt the OP's credibility.

@privates let us know when you get the NTO please.
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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: Parked or loading in restricted street
« Reply #19 on: »
Quote from: cp8759 on April 14, 2024, 09:17:52 pm
Quote from: ManxTom on April 09, 2024, 06:55:40 pm
[Edit:  no criticism intended of the original error.  I suspect it was caused because the OP was unclear as to what "Dr Power" actually was and they didn't bother to correct the obvious misunderstanding in the suggested reps]
I would suggest anyone drafting representations should check the basic facts. If someone is drafting reps based on boarding / alighting to a doctor's surgery, the person drafting the suggested reps should go onto google maps and check the distance between the place where the vehicle was parked and the doctor's' surgery to ensure the reps are credible, such basic checks would have highlighted in this case that there is no doctor's surgery.

If this ends up at the tribunal an explanation will be needed, which will unfortunately mean throwing the author of the suggested reps under the bus (by basically just telling the adjudicator that said author drafted the representations without checking the facts); this is unfortunate but it's better that we hold our hands up and win rather than overlook the issue and make the adjudicator suspicious as to what's going on or worse make him doubt the OP's credibility.

@privates let us know when you get the NTO please.

I have today received the NTO
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Re: Parked or loading in restricted street
« Reply #20 on: »
Quote from: privates on April 24, 2024, 11:56:21 pm
I have today received the NTO
@privates show us please.
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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: Parked or loading in restricted street
« Reply #21 on: »
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Re: Parked or loading in restricted street
« Reply #22 on: »
@privates what is your relation to the disabled family member, do they have a blue badge, and what is the nature of the disability?
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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: Parked or loading in restricted street
« Reply #23 on: »
Quote from: cp8759 on May 02, 2024, 08:59:16 pm
@privates what is your relation to the disabled family member, do they have a blue badge, and what is the nature of the disability?

It is the mother of my family friend. They have a blue badge and they have mobility issues.
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Re: Parked or loading in restricted street
« Reply #24 on: »
So why wasn't the blue badge on display?
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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: Parked or loading in restricted street
« Reply #25 on: »
"During the time from collecting my family memeber from the cafe, and assisting him to the vehicle"

Seems to be another inconsistency.
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Re: Parked or loading in restricted street
« Reply #26 on: »
Just for clarity, a BB cannot be used in Westminster as regards the waiting exemption but would provide strong support for the need for assisted alighting.

IMO, the sign is compliant because 'Midday-7am' is a permissible format. The three panels are placed correctly and there's no overlap between times.

But I cannot see a yellow line or kerb blips in the photos of the location, in which case the markings are improper because the restriction cannot be conveyed by signs alone.

OP, as regards your claim to the exception of assisted alighting(assuming the markings are there) the burden of proof falls to you. In this respect, you would have to show to an adjudicator - I think the council would reject- that you came, you parked, you went to the cafe, you immediately returned with the passenger who needed assistance. Do you have anything to corroborate your account e.g. dashcam record etc?
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Re: Parked or loading in restricted street
« Reply #27 on: »
Quote from: H C Andersen on May 05, 2024, 01:45:51 pm
But I cannot see a yellow line or kerb blips in the photos of the location, in which case the markings are improper because the restriction cannot be conveyed by signs alone.
I agree, we've had this issue with Westminster bays several times previously.

@privates please engage with us and answer the queries that are outstanding, this will require a compelling representation. The absolute deadline for representations to be made is 21 May.
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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: Parked or loading in restricted street
« Reply #28 on: »
Quote from: cp8759 on May 04, 2024, 11:26:05 am
So why wasn't the blue badge on display?

The BB was not bought out on this day and it isn't mine to carry in my vehicle but I had assisted on this day
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Re: Parked or loading in restricted street
« Reply #29 on: »
Quote from: H C Andersen on May 05, 2024, 01:45:51 pm
Just for clarity, a BB cannot be used in Westminster as regards the waiting exemption but would provide strong support for the need for assisted alighting.

IMO, the sign is compliant because 'Midday-7am' is a permissible format. The three panels are placed correctly and there's no overlap between times.

But I cannot see a yellow line or kerb blips in the photos of the location, in which case the markings are improper because the restriction cannot be conveyed by signs alone.

OP, as regards your claim to the exception of assisted alighting(assuming the markings are there) the burden of proof falls to you. In this respect, you would have to show to an adjudicator - I think the council would reject- that you came, you parked, you went to the cafe, you immediately returned with the passenger who needed assistance. Do you have anything to corroborate your account e.g. dashcam record etc?

I do not have any dashcams recordings or anything, no.
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