Author Topic: PCN 53j given because i had to pick my son with additional needs!  (Read 1422 times)

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Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #15 on: »
Good morning
So I took both PCNs to tribunal. We have got a court hearing on the 29th of May. Never been to a court hearing before. Will see how it goes.

I thank you all for your support and guidance. Means a lot!

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #16 on: »
It's not a court, it's a tribunal, and personal hearings are now by video-link or telephone.
Please show us the letter you should have received from the Tribunal with the date of your hearing.

I am assuming that you entered the schhol street at this point
https://maps.app.goo.gl/MZDGgE24XTUfvn9M6

and I presume that the signs in GSV have been replaced by some school street signs.

Please can you take a photograph of the actual signs you passed?

Why is this important?

Because, looking through the LBBD document that Stamfordman found I noticed this:

Quote
Access restrictions do not apply to residents living inside a School Street and the schemes only operate
on weekdays, during term-time. Click the link below for school term dates:
School term dates and planned closures | London Borough of Barking and Dagenham (lbbd.gov.uk).

Your photographs will show us how LBBD conveyed to a driver that the restrictions were in force on the day and time in question.


Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #17 on: »
Hi John
I have had a look at the map. I think the access point I gave you previously was wrong. This is the right one

https://maps.app.goo.gl/MVr8FBBzxDqkVnceA

I came from a road called Heathway and turned left into Alibon Road.

I will drive to the area tomorrow and take pictures. I will send you the pictures and the tribunal letter together.

I have also just received an email from the exemption team requesting proof that my child attends Hunters Hall primary School.

Thank you again

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #18 on: »
Quote
I will send you the pictures and the tribunal letter together.

Please post them here - redact yr name & address from the letter.


Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #19 on: »
I think the best outcome here is if the council doesn't contest. Also if they soon grant you the exemption that will be a good point to add in the appeal which may encourage them to not contest.

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #20 on: »
As per stamfordman's post:
Where the School required a motorist without a permit to
attend the School during the restricted hours (Letter from
School required to support this).

OP, I asked you in an earlier post for the note/letter/email which the school sent to you asking you to accompany him on the trip, and by implication to take him to school.

Do you have this?


Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #21 on: »
Hi
Here is the email request from the school

https://imgur.com/a/m5PxU6s

Thanks

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #22 on: »
Thanks.

But after receiving this email what did you do e.g. reply and say yes you would or what? Surely a positive response to the school would have triggered a firm arrangement and include a time?

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #23 on: »
Good morning
Yes I did reply to confirm that I will accompany my child. Do you think I should include my reply to the tribunal?

Also, I have found an email about the meeting on the 13th Feb. The meeting was at 4.10pm. I had asked for a report of the assessment and the school mentioned that they will discuss in the meeting.
Is it worth sending this email to tribunal?

Thank you

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #24 on: »
Quote
Is it worth sending this email to tribunal?

At the moment, we are trying to do two things:

1) Ensure you have everything in order to gain the exemption. Please confirm you have applied for thjis and given LBBD the supporting evidence -- copies of blue badge and a letter from school.

2) Helping you prepare the the best possible case for the tribunal,  which means asking you what may seem a lot of questions, and then marshalling the answers together to submit to the Tribunal in one go.. So, more questions, I'm afraid . . .

A) Please post the photos of the signs and the letter from the Tribunal I asked for in Reply #16 above.

B) When you registered yr appeal with the Tribunal, did you write anything in the space for your case?

C ) That e-mail from the school will form part of your case aginst one of the PCNs, so it will form part of your case. So don't send it off yet.

D) Are you likely to get a further PCN for going to pick up your son on Monday (post Reply#5 above) ?



Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #25 on: »
Good morning
Apologies for late reply.

My request for exemption has been approved



- tribunal letter



When I registered for the tribunal, yes I did write in the space.

I am sorry I havent had a chance to drive to Alibon road to get the pictures as my son has since been ill and hasn’t been to school.
But I will send these as soon as I get a chance.

Thank you

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #26 on: »
Quote
When I registered for the tribunal, yes I did write in the space.

I hope your son is better now.

Please post a copy of whay you wrote to the tribunal, or yopur best remembrance if you did not keep a copy.

Quote
I am sorry I havent had a chance to drive to Alibon road to get the pictures as my son has since been ill and hasn’t been to school.
But I will send these as soon as I get a chance.


Don't send them to the tribunal (yet), but post them here for copmment.

As I wrote earlier (Reply # 24)  we are trying to gather all the relevant facts, and then we can put them together to make the best posstible case for you.

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #27 on: »
Thank you for your reply and guidance

-I wrote the following and just changed the facts for the second PCN,

On 26th February, I was specifically asked by my son’s school to accompany him on a school trip due to his additional needs and recent episodes of dysregulation. He is a blue badge holder. I have provided a copy of the school’s email request as evidence. Normally, my son goes to school by a transport provided by Barking and Dagenham Council. However, I am not permitted to travel with him on this transport so the only way I could comply with the school’s request was to drive him myself.
In the notice of rejection, Barking and Dagenham stated that “Blue Badge holders or those carrying a Blue Badge holder as a passenger are not permitted to drive in this area during the hours of operation.” However, upon reviewing the School Street policies on the Barking and Dagenham Council website, I discovered that Blue Badge holders can, in fact, apply for an exemption under Exemption Four – Blue Badge Holders. This exemption allows access to the school for drop-off or collection during operational hours, provided an application is made (as outlined at https://www.lbbd.gov.uk/school- streets/school-street-exemptions and in the Exemption Policy document at https://www.lbbd.gov.uk/sites/default/files/2023- 08/10082023_Exemption%20Policy%20update_website.pdf).
When the restrictions were first introduced, I emailed the council my concerns. I didn’t know there were exemptions and at the time of the incident, I was unaware that such an exemption needed to be formally applied for in advance. I have ended up with 2 PCN as a result. I deeply regret this oversight and have since submitted an application for the exemption, which is currently awaiting a decision from the council. I do not normally drive to the school—Barking and Dagenham provide transport for my son—but on this occasion, it was unavoidable due to the nature of the event and his specific needs.

-I also attached a copy of the exemption approval email.

Thank you 🙏

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #28 on: »
I would say you can be more challenging and say the council's rejection did not mention the exemption, which you only discovered after checking its website, and the council has granted the exemption after you applied.
I think the council failed in its duty to inform you of this when considering your reps and it's possible the contravention did not in any case occur, depending on how the traffic order is worded for blue badge holders.

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #29 on: »
I have noted that down. I wonder if I  can add that information at this point? If not, I guess I can mention on the day of tribunal.
Much appreciated thank you