3. Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
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Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
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Parking restriction is prescribed hours 12:00 (midday) to 1pm.
- I have received a PCN for 12:59.
- I must have literally just walked away from the car.
- (Think I may even be visible walking away in one of evidence photos).

Late photo evidence provided by issuer:
- 12:58:45 First photo evidence timestamp (no ticket yet on car).
- 13:00:04 (outside prescribed hours) last photo evidence timestamp.

Claimed observation period:
- 12:55 - 12:59 claimed observation period (stated on PCN).
- Hillingdon's Enforcement Protocol (v2.4, page 11) states code 01 minimum observation period is 5 minutes.

Photo of PCN:


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Photo evidence taken at 13:00:04 by council:


Photo evidence possibly with me in background walking away (top left):
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #1 on: »
Were you aware of the restriction time and if so did you check the time before leaving the car.

Did you park and leave the car at once.

London Councils guidance is not to issue within the last 2 mins but this is only guidance and the document seems to have disappeared from their site.

b) Time restrictions/paid parking

Where a time restriction applies, CEOs should not issue a PCN less than two minutes before a restriction starts or less than two minutes after the restriction has expired. For example, if a restriction starts (or paid-for time expires) at 8.00am then a PCN should only be issued if the vehicle is in contravention after 8.02am. Similarly, if a restriction ends at 6.00pm then no PCNs should be issued after 5.58pm. It should be stressed that a vehicle in such a situation does not have the right to be in place for two minutes – this is not a grace period.
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #2 on: »
Thanks for the rapid reply.

Yes I was aware of the restriction and checked time - 12:58 by my car clock. Suppose I shouldn't have chanced it but could see nobody around.

Spent probably a minute getting stuff out of boot then walked off.

I've just realised Hillingdon changed obs period to 3 minutes I think in 2023. - where was the London Councils guidance previously? I might be able to find it on web archive.

Think this is worth a challenge or one I should take on the chin?
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #3 on: »
IMO, I suggest you check your car clock against your smart phone or similar and come back with the results.

The CEO claims they observed your car from 12.56 which, other than being done clandestinely from a distance, challenges your recollection of parking at 12.58 as per car clock without a CEO in sight.

Clocks can be wrong and this VRM is 20 years old!

Pl don't assume that if it's wrong then that's it, depending on its accuracy you could have a strong case, at least as regards mitigation.

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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #4 on: »
Just checked car clock, is just under 2 minutes ahead of my phone (i.e. 12:58 would actually have been 12:56). Doh.

Where might a mitigation factor into the council's decision-making?
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #5 on: »
You don't want to volunteer exact times - only that you parked when your clock said the restriction was about to end and after getting stuff out you were confident.

The PCN could haven timed at just 1 second before the end.

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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #6 on: »
Thank you that's all very helpful.

So I'll challenge then on the basis that it was just inside the time, I had checked my clock which was out, and point specifically to the evidence photo taken 4 seconds after restriction and the one where I think I might be pictured walking away. And I suppose ask them to exercise their discretion by cancelling it.
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #7 on: »
My suggestion to check your clock was simply to establish facts.

As per stamfordman and your draft, a non-confrontational challenge based upon a time of contravention of 12.59 would seem appropriate at this stage. Let's see their reply. If they want to play hard ball and rely upon a strict interpretation of the restriction then IMO this would excuse you doing the same, particularly with their procedures, should you wish to continue.
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #8 on: »
Draft something and post here first.

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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #9 on: »
How about this:

Dear Hillingdon Parking Appeals and Processing,

I am writing to ask you to exercise your discretion and cancel PCN No: HN24219947 against VRN: Y200WLD.

[My address etc.]

The facts of the PCN:
The PCN was issued at 12:59. The parking restriction ended at 13:00. The first evidence photograph taken by the CEO of the car with the PCN attached is timestamped 12:59:42 (18 seconds before the restriction ended). The final evidence photo taken by the CEO is timestamped 13:00:04 (restriction no longer in effect).

My appeal:
I made every effort to comply with the restriction. I checked the signs and then my car's clock, which indicated that the restriction was just about to end. I then spent around a minute unloading my vehicle and walked away, believing that enough time had elapsed and that the restriction had ended.

I have a medical condition which means I sometimes move slowly, therefore I believed the time I spent unloading would have been ample for the restriction to end. There were several other vehicles already parked on the same single yellow line when I arrived (shown in the CEO's photos), which reinforced my reasonable belief that the restriction had ended.

I believe I may even be visible walking away from the car in the top left of the evidence photograph taken by the CEO at 12:59:42 (18 seconds before the restriction ended). It was raining at the time and it is clear from the wet road underneath the car that it has been parked for moments.

Summary of mitigating factors:
I have never before been issued with any form of penalty notice. I am a law abiding citizen and took every effort to comply with this restriction.

I believe any contravention lasted, at most, seconds. I do not understand how the CEO can claim to have observed my car from 12:55.

There were several other vehicles parked on the same single yellow restriction, all visible in the CEO's photos. None of those vehicles appear to have been issued with a PCN.

[Kind regards etc.]
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #10 on: »
Just bumping - deadline is Tuesday so I will send the above as my appeal if there's no advice on tweaks from anybody on here!

Thanks
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #11 on: »
I would send.

If they undertake to re-offer the discount, this normally applies to the 14-day period which commences on the date of the contravention. In this case (PCN dated 10 Feb) it would end on MONDAY 23rd.
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #12 on: »
I think you are claiming the exemption de minimis (de minimis non curat lex - the law does not concern itself with trifles) rather than asking for mitigation. See what the experts here say.

I believe adjudicators have ruled in the past that the motorist cannot be expected to have a car-clock or watch driven by the atomic clock.
this wording from yr challenge: , which indicated that the restriction was just about to end.i

As you were unloading (what were you unloading?) I believe absent any indication of loading restriction that even if you were there before 1pm you can claim the statutory exemption of unloading 

If no--one else comments, try something along these lines (my insertions in blue - it will need some tidying up.):

Quote
Dear Hillingdon Parking Appeals and Processing,

I am writing to ask you to exercise your discretion and cancel PCN No: HN24219947 against VRN: Y200WLD.

[My address etc.]

The facts of the PCN:
The PCN was issued at 12:59. The parking restriction ended at 13:00. The first evidence photograph taken by the CEO of the car with the PCN attached is timestamped 12:59:42 (18 seconds before the restriction ended). The final evidence photo taken by the CEO is timestamped 13:00:04 (restriction no longer in effect).

My appeal challenge:
I made every effort to comply with the restriction. I checked the signs and then my car's clock, which indicated that the restriction was just about to end. I then spent around a minute unloading my vehicle and walked away, believing that enough time had elapsed and that the restriction had ended.

I have a medical condition which means I sometimes move slowly, therefore I believed the time I spent unloading would have been ample for the restriction to end. There were several other vehicles already parked on the same single yellow line when I arrived (shown in the CEO's photos), which reinforced my reasonable belief that the restriction had ended.

I believe I may even be visible walking away from the car in the top left of the evidence photograph taken by the CEO at 12:59:42 (18 seconds before the restriction ended). It was raining at the time and it is clear from the wet road underneath the car that it has been parked for moments.

In addition, even if you were to decline the de minimis exemption, in the absence of any signs of loading restrictions I also claim the statutory exemption of unloading.


Summary of mitigating factors:
I have never before been issued with any form of penalty notice. I am a law abiding citizen and took every effort to comply with this restriction.

I believe any contravention lasted, at most, seconds. I do not understand how the CEO can claim to have observed my car from 12:55.

There were several other vehicles parked on the same single yellow restriction, all visible in the CEO's photos. None of those vehicles appear to have been issued with a PCN.
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Re: Hillingdon, code 01 parked in a restricted street, Tavistock Road, West Drayton
« Reply #13 on: »
That's v helpful, thanks.

Their web portal has a 1000 character limited >:-( so I submitted this:

The PCN was issued at 12:59. The restriction ended at 13:00. The CEO's first photo with PCN attached is timestamped 12:59:42; I think I am even visible in the top left of that photo (18 seconds before restriction ends). The CEO's final photo is timestamped 13:00:04 (restriction over).

My challenge:
I made every effort to comply. I checked the signs and my car's clock. I spent about a minute unloading my car and walked away, believing the restriction had ended.

I have a medical condition which means I can move slowly, so I believed my unloading was ample for the restriction to end. There were several vehicles already parked on the single yellow line (shown in the CEO's photos - none of which were ticketed), supporting my belief that the restriction had ended. The wet road under the car shows it has literally just been parked.

Even if you were to decline this de minimis exemption, in the absence of any loading restriction signs I also claim the statutory exemption of unloading.
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