Author Topic: PCN, asleep in the car  (Read 456 times)

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estevenin

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Re: PCN, asleep in the car
« Reply #15 on: July 04, 2024, 12:17:14 pm »
IMO, your challenge might actually have nothing to do with the relevant issues in this case.

The restriction is part-time, commencing at 8am. So the first question IMO is when did you park?

If after 8am then it's down to your reasons for stopping.

But if before, then it's down to falling asleep and oversleeping!

The two could be related but IMO are different issues.

Between 10.40AM and 11AM roughly. I stopped as soon as I could and layed down for a second. That made me fell asleep. I opened my eyes 20mn later and saw the PCN on the windscreen.

Have you ever been diagnosed with vertigo? Or was this the first time it's happened?

No I don't have any illness. It did happen 2/3 times before in the past, that happens if I force too much during the week and spend too much time sitting and/or the seat position is not straight enough. I also had just worked all night and probably not enough food/water. When this happens I just stop for a few minut to rest and drive home. It is not something usual and if my work rythm is normal never feel dizzy or anything like that.

H C Andersen

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Re: PCN, asleep in the car
« Reply #16 on: July 04, 2024, 03:15:04 pm »
Thanks.

In short, you parked where permit parking only was allowed. Your only reference to why you parked where you did, as opposed to why you parked, is in your posts:

For safety reasons I stopped as soon as possible, as I was afraid to cause an accident. I turned for about 3 mn and in that condition this is the safest place I could find, I wasn’t even in a condition to look at signs.

You would have to flesh out how you ended up where you did as being 'as soon as possible' having regard to your route home from work.

I still feel that there are 2 issues here:
Why you parked in contravention;
Why, on seeing your car in contravention with you inside but not in a conscious state(whether asleep or not), the CEO simply issued a PCN and then left(fled) the scene without enquiring about your health.

IMO, you need to put both points to the authority in the same reps but clearly separated.

From the Secretary of State's Statutory Guidance to which councils must have regard and develop and publish policies:

Enforcement authorities should provide enough staff for the volume of work. They should also make sure that those staff (whether employed directly by the authority or by a contractor to deal with informal challenges) have the skills, training, authority and resources to give the public a high quality, professional, efficient, timely and user-friendly service.

cp8759

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Re: PCN, asleep in the car
« Reply #17 on: July 06, 2024, 05:11:33 pm »
@estevenin so are you waiting for the notice to owner, or have you received it already?
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

estevenin

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Re: PCN, asleep in the car
« Reply #18 on: July 10, 2024, 07:19:45 pm »
Thanks.

I still feel that there are 2 issues here:
Why you parked in contravention;
Why, on seeing your car in contravention with you inside but not in a conscious state(whether asleep or not), the CEO simply issued a PCN and then left(fled) the scene without enquiring about your health.

IMO, you need to put both points to the authority in the same reps but clearly separated.

From the Secretary of State's Statutory Guidance to which councils must have regard and develop and publish policies:

Enforcement authorities should provide enough staff for the volume of work. They should also make sure that those staff (whether employed directly by the authority or by a contractor to deal with informal challenges) have the skills, training, authority and resources to give the public a high quality, professional, efficient, timely and user-friendly service.

As for point one, I had gone through 3 streets after finishing my previous job and didn't see any free parking, those are very hard to find in and around London. I know for a fact there is the stansted service area about 7mn drive from where I parked, and it would have been very easy for me to drive there in any other time, but I felt the urgency to stop as soon as possible, I was dizzy and was afraid I would loose control.

As for point two, only they know! I'll respond with both of those points, as I don't have any further to say so far.

@estevenin so are you waiting for the notice to owner, or have you received it already?

I'm waiting for it. They gave me 14 further days to send a medical report. Surely after this delay, whether I respond or not, they'll reply with a refusal, giving me 14 further days to pay the discount, and after that an NTO (Or perhaps the NTO will come directly, for parking, can't remember the procedure).