3. PCN Bexley
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PCN Bexley
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Hi

I received this PCN for delivering a heavy parcel to the Post Office. so was unloading  I saw no Traffic Warden and was in inside less than 5 mins. Also it was parked on single yellow line. I am recovering from an injury so cant walk very far and receiving physio treatment. Is their any grounds for appeal

Many Thanks

PAul

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« Last Edit: November 18, 2023, 12:42:59 pm by Paul_k3 »
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Re: PCN Bexley
« Reply #1 on: »
Yes you can claim the loading exemption but it is up to you to prove you are entitled to do so. The test is need not convenience so evidence what you were delivering to the post office and explain why it took so long.

Also explain why the PCN was served by post as there are limited grounds when this is allowed

Please post all of the notice redact only your name and address we need to check the accuracy of the document
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Re: PCN Bexley
« Reply #2 on: »
Pls see attached. How do I apply the loading exception it was heavy 10kg and what do you mean by only in exceptional cases should the PCN be posted to me?



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« Last Edit: November 19, 2023, 10:38:47 pm by cp8759 »
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Re: PCN Bexley
« Reply #3 on: »
Quote from: Paul_k3 on November 18, 2023, 09:05:51 pm
Pls see attached. How do I apply the loading exception it was heavy 10kg and what do you mean by only in exceptional cases should the PCN be posted to me?
The PCN has been served by post because, according to the CEO notes about your vehicle, you drove off before the PCN could be served to the vehicle or driver.  Yet you say you saw no CEO at any time, or any PCN, so drove off after making your delivery.
I have to say that carrying a 10kg parcel any distance to a post office would be a struggle even for somebody in good health, so I think you have a good case, but you need to prove that you made this delivery. You should have some sort of receipt, and maybe a work instruction, so include copies of these with your representations. If you have a document with the parcel weight also include a copy of this, and any more details you can obtain.

So why not write out a draft of what you propose to send and post it up here for a review.
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Re: PCN Bexley
« Reply #4 on: »
Here are the CEO photos:







They look suspicious to me because normally in a drive-away case, you see photos of the driver or at least of the car being driven away.

Anyway, do you have a receipt from the post office for the parcel? If so, please post it up and I'll draft a representation for you.
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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: PCN Bexley
« Reply #5 on: »
Thanks you pls see attached do you think I have a good chance of appealing. Also I am suffering from depression and have a foot injury which does not allow me to walk far, lift heavy items

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Re: PCN Bexley
« Reply #6 on: »
There's no weight on the receipt so we'll need to put some more details in the representation.

What was in the parcel please?

Also, do you have medical evidence of your injury?
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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: PCN Bexley
« Reply #7 on: »
Pls see attached it was 10kg vest for my son

Also medical report for sports injury I sustained to my foot

Physio treatment is on-going

Thanks Again
« Last Edit: November 24, 2023, 03:58:05 pm by cp8759 »
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Re: PCN Bexley
« Reply #8 on: »
Picture of the 10kg vest for my son

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Re: PCN Bexley
« Reply #9 on: »
I suggest you delete the attachment with the medical report as you've left a lot of personal information in there (you need to send it to the council but you don't need to post it on here).

Anyway, here is a draft representation:

Dear London Borough of Bexley,

I challenge liability for PCN XL19984412 on the grounds that the alleged contravention did not occur. At the time of the alleged contravention, I was engaged in unloading, specifically I was delivering a heavy package to the post office as I was sending a 10 kilogram training vest to my son. I have also recently injured my foot and as a result I cannot walk very fast or very far, so I had to park reasonably close to the post office.

I attach a copy of the post office receipt, the receipt for the training vest I was posting to my son, and proof of my medical injury.

While I appreciate the CEO could not have known any of the above and he was right to issue the PCN, it is clear that the contravention alleged did not actually occur, so the penalty charge must be cancelled.

Yours faithfully,


Send this via https://pcn.bexley.gov.uk/TicketDetails.aspx and keep a screenshot of the confirmation page.
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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
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Re: PCN Bexley
« Reply #10 on: »
Hi

.

I appealed and their reply to me was I  could have parked correctly and carried the items form the vehicle. We would still expect you to park correctly and obey any rules or restrictions should I appeal to the parking adjudicator

Many Thanks

PAul

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Re: PCN Bexley
« Reply #11 on: »
Hi All

Pls see PCN rejection notice from draft letter I sent above, I would appreciate some advice in going forward appeal to Parking Adjudicator  or pay?

Many Thanks

Paul

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Re: PCN Bexley
« Reply #12 on: »
An absolutely dreadful and very insulting letter, so I would take them to London Tribunals with no hesitation. 10kg is a heavy package even for a fit person.
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Re: PCN Bexley
« Reply #13 on: »
Please add the other pages of the PCN. They may contain errors. I can be your free representative at the tribunal. Email me: mrmustard@zoho.com
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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: PCN Bexley
« Reply #14 on: »
Quote from: Incandescent on January 15, 2024, 10:46:57 pm
An absolutely dreadful and very insulting letter, so I would take them to London Tribunals with no hesitation. 10kg is a heavy package even for a fit person.
Total  bolleaux. LIke all councils, yet another example of voracious and intransigent bullying because they are short of cash.  Motorists are the soft target.
« Last Edit: January 17, 2024, 02:07:04 am by Hippocrates »
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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
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  3. PCN Bexley