3. PCN 53j given because i had to pick my son with additional needs!
« previous next »
Pages: 1 2 [3] 4

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

0 Members and 129 Guests are viewing this topic.

Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #30 on: »
We are still waiting for the photograph of the sign you passed. The reason for this is if carries a plate saying

Term Time most adjudicators do not like this sign, as how does a driver know when term-time is?

Quote
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.

You have plenty of time to submit a comprehensive supplementary sheet before the hearing, rather than dribs and drabs over the intervening time. Aim to have something ready to put in say a fortnight before the hearing.
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #31 on: »
OP, the adjudicator cannot exercise discretion, this lies with the council. However, they may refer a refused appeal back to the authority with a request to reconsider the matter.

PCN - early morning pick-up.
Where is your reply to their email requesting that you or your child's father accompany them on the trip? As I understand it, your argument would be that you expected the school to put your car on their exempt list and notify the council accordingly.

PCN - Parents' evening. By your own admission you simply forgot the time. Discretion is all you've got IMO.

For both, the fact that you were entitled to an exemption in any event. But IMO you need to accept that this goes to mitigation only and is not a defence, this would be that you held one at the time, but you didn't. But this would be a powerful reason for the adjudicator to refer the matter back to the authority with a recommendation to cancel. NB. councils have limited time in which to respond- 35 days I think- failing which they're deemed to have accepted the recommendation and the PCN(s) would be cancelled.
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #32 on: »
I said earlier there are four possibilities and you should be hopeful of no 1 as authorities don't contest a lot of PCNs.

What Mr Andersen is referring to is no 4, where the tribunal refuses the appeal but makes a recommendation to the authority (such as to cancel owing to strong mitigating circumstances that they think the authority should have cancelled on before this stage).

I can't find the traffic order but if they contest it should be in the evidence pack and you can ask the adjudicator to check how the blue badge exemption works.

-------

1. B&D doesn't contest - a reasonable chance if the appeal is focused and includes their failure to say an exemption is available.
2. The tribunal allows the appeals - very unlikely as can't use mitigation, assuming all is OK with traffic order. There may be something though in the rejection as per 1.
3. The tribunal just refuses the appeals.
4. The tribunal refuses but the adjudicator makes a recommendation to B&D to cancel them - a reasonable chance.
« Last Edit: March 31, 2025, 03:11:25 pm by stamfordman »
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #33 on: »
Good evening,
The following is my reply to the school request


With regards to school putting my car on exempt list, they have never mentioned an exempt list existed to me even though I raised this issue in one of the meetings in the past.
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #34 on: »
The wording on their website is ambiguous, but I'm giving them the benefit of the doubt. But if I'm wrong and the authority issue PCNs willy-nilly but will accept reps from keepers accompanied by a letter from the school then IMO this is disgraceful.

The school and the council MUST co-ordinate, it's not up to keepers. FFS, the keepers might not even be parents and might not even be in the loop.
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #35 on: »
@stamfordman thank you for the thorough explanation of the possible outcomes. I really do hope that the council wont contest the PCNs.
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #36 on: »
@habibm

I was wondering if you have any updates? I see the tribunal is on 29th.May - have you received an Evidence Pack yet?
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #37 on: »
Seems I must amend the four choices to three - according to Mr Mustard, adjudicators can't make recommendations for moving traffic contraventions, only for parking contraventions. I don't know on what this is based.

https://lbbspending.blogspot.com/2025/04/a-cruel-world-in-barnet.html
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #38 on: »
Based on the legislation. It is included in the Appeals Regs 2022 but not the 1993 Parking Adjudicator Regs (SI 1993 no. 1202)

A generous adjudicator might still give a council a nudge when they think the situation is unfair.
Logged
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: PCN 53j given because i had to pick my son with additional needs!
« Reply #39 on: »
Mr Stanton-Dunne did so in this case. 224038612A. They did not respond.
« Last Edit: April 26, 2025, 12:47:39 pm by Hippocrates »
Logged
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #40 on: »
Quote from: mrmustard on April 26, 2025, 12:09:51 pm
Based on the legislation. It is included in the Appeals Regs 2022 but not the 1993 Parking Adjudicator Regs (SI 1993 no. 1202)

A generous adjudicator might still give a council a nudge when they think the situation is unfair.

I had assumed recommendations were independent of regulation and just frustration by adjudicators.
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #41 on: »
Hi
I haven’t received any Evidence Pack. Who should I expect to receive this from please?

Thank you
Logged
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #42 on: »
Quote from: habibm on April 28, 2025, 01:55:54 pm
Hi
I haven’t received any Evidence Pack. Who should I expect to receive this from please?

Thank you
@hahibmNormally, they serve serve the evidence by post. They also do this by e mail.

If not received, you ask for an adjournment at the very least. You can also ask the Adjudicator to allow the appeal for both PCNs as no evidence served.

If you want my last minute help, please PM me as I can appear tomorrow for you by video.
Logged
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: PCN 53j given because i had to pick my son with additional needs!
« Reply #43 on: »
I may be wrong but the hearing is 29 May not April and so the evidence could well arrive in late May.
Logged
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: PCN 53j given because i had to pick my son with additional needs!
« Reply #44 on: »
Quote from: mrmustard on April 28, 2025, 05:44:03 pm
I may be wrong but the hearing is 29 May not April and so the evidence could well arrive in late May.
Sorry. You are correct. They usually e mail it.
Logged
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Pages: 1 2 [3] 4
« previous next »
  3. PCN 53j given because i had to pick my son with additional needs!