Author Topic: PCN at my own driveway - pavement parking - Bexley  (Read 2687 times)

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #15 on: »
This will be won on their website grounds at the Tribunal and I would be happy to represent you:

Parking

Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway
We will consider your appeal according to our appeals policy. If your reason for appeal is not listed in the policy, we are unlikely to accept it. However we will still consider your case individually.


Search for a reason
Pay and Display (P&D) or Cashless

The following circumstances are relating to scenarios involving P&D tickets or cashless parking sessions.

Select a reason:
I had a Pay and Display (P&D) ticket 
I made a mistake when purchasing my Pay and Display (P&D) ticket 
I paid by phone or app 
I was in a rush and forgot to pay 
The Pay and Display machine was not working and I couldn't purchase a Pay and Display (P&D) ticket 
Permits

The following circumstances are relating to scenarios involving parking permits.

Select a reason:

I had a permit 
Blue Badge
The following circumstances are relating to scenarios involving Blue Badges

Select a reason:

I had a Blue Badge on display 
Emergency / beyond driver's control
Reasons that relate to something unexpected happening to the motorist that must be seen to immediately
Select a reason:
I became unwell while driving 
I parked at the location because my child needed the toilet 
I stopped because of an emergency situation 
My passenger became unwell while I was driving 
My vehicle had broken down 
My vehicle was cloned 
My vehicle was stolen 

Penalty Charge Notice (PCN) wrongly / unfairly issued
Reasons where it may appear that the PCN was issued unfairly or incorrectly.
Select a reason:
I have already paid the PCN 
I only stopped for a few minutes 
I was not the owner of the vehicle 
I was only a few minutes late back to my vehicle 
I was unaware of the rules 
The vehicle was on hire to someone else 
There was nowhere else to park 
Other

Other reasons we have received that do not fall into one of the above categories.
Select a reason:
I did not cause an obstruction 
I didn't see any signs or lines 
I was loading / unloading at the time 
I was loading / unloading at the time 
I was picking up / dropping off a passenger 
My vehicle is a taxi 
This was the safest place to stop 

None of the above

If none of the above reasons apply, and you wish to challenge your PCN, please select below:
Select a reason:

Any other reason 
Cancel

***

PM sent
« Last Edit: August 25, 2024, 08:48:53 pm by Hippocrates »
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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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #16 on: »
https://bit.ly/2ALghSS

Adjudications - key cases

623 ff.
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #17 on: »
What is the recommended route for this PCN?
@cp8759, @Incandescent, @Hippocrates

Deadline is Wednesday so I would reply today. Contravention did not occur and I rely upon my original representations. The website issues can be raised at the Tribunal.
« Last Edit: August 26, 2024, 10:56:16 am by Hippocrates »
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #18 on: »
This will be won on their website grounds at the Tribunal and I would be happy to represent you:
@cesur I would strongly recommend you take Hippocrates up on his offer and get him to represent you.
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 at my own driveway - pavement parking - Bexley
« Reply #19 on: »
OP, have we seen your initial challenge?

The meaning of the tortuous layers of group, sub-committee and council reports is virtually impenetrable.

IMO, it is not tenable to argue that the intention of the council was to permit parking on the footway based upon the specific wording of 'footways on both sides of the road for the total length.'

It's not tenable because it wouldn't be lawful IMO because, as only 2-wheel parking on the pavement is permitted, then this would be tantamount to encouraging motorists to:

1. Block your crossover, which would be obstruction as I understand it, and
2. Commit a contravention because the other wheels must necessarily be parked on the carriageway adjacent to a dropped footway!

Indeed, in the narrative of the report with Appendix D it's clear that marked bays are anticipated- the location of which is already delegated to the Chief Engineer- and if you look at the criteria you'll find reference to leaving 1.0m between markings and any crossover.

The placing of marked areas naturally follows from there being so many vehicle crossovers and it's clear that the marked areas are of standard size marked in order to provide the maximum number of spaces between crossovers in a controlled manner.

However, what you did was not contrary to the spirit of the council's decision because you are the occupier of the house which benefits from the crossover. Did you make this point in your initial reps?

If the council still play hard-ball, reject your formal reps and insist that the signs are the signs etc. then if you wanted to take matters further you could return the complement by reference to the precise wording of the Appendix, the recommendation and the council's decision and trust that the adjudicator can make better use of their time than by ferreting through the detail of these reports and would simply take the decision at face value.

There are the other procedural points in play as well.

Wait for others.
« Last Edit: August 26, 2024, 03:50:44 pm by H C Andersen »
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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #20 on: »
This will be won on their website grounds at the Tribunal and I would be happy to represent you:
@cesur I would strongly recommend you take Hippocrates up on his offer and get him to represent you.
Thanks. He has. We fondly remember the Greenwich fiasco!  2220946662.
« Last Edit: August 26, 2024, 08:35:44 pm by Hippocrates »
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #21 on: »
This will be won on their website grounds at the Tribunal and I would be happy to represent you:
@cesur I would strongly recommend you take Hippocrates up on his offer and get him to represent you.
Thanks. He has. We fondly remember the Greenwich fiasco!  2220946662.

I've submitted my appeal as per @Hippocrates's advice.

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #22 on: »
OP, have we seen your initial challenge?

The meaning of the tortuous layers of group, sub-committee and council reports is virtually impenetrable.

IMO, it is not tenable to argue that the intention of the council was to permit parking on the footway based upon the specific wording of 'footways on both sides of the road for the total length.'

It's not tenable because it wouldn't be lawful IMO because, as only 2-wheel parking on the pavement is permitted, then this would be tantamount to encouraging motorists to:

1. Block your crossover, which would be obstruction as I understand it, and
2. Commit a contravention because the other wheels must necessarily be parked on the carriageway adjacent to a dropped footway!

Indeed, in the narrative of the report with Appendix D it's clear that marked bays are anticipated- the location of which is already delegated to the Chief Engineer- and if you look at the criteria you'll find reference to leaving 1.0m between markings and any crossover.

The placing of marked areas naturally follows from there being so many vehicle crossovers and it's clear that the marked areas are of standard size marked in order to provide the maximum number of spaces between crossovers in a controlled manner.

However, what you did was not contrary to the spirit of the council's decision because you are the occupier of the house which benefits from the crossover. Did you make this point in your initial reps?

If the council still play hard-ball, reject your formal reps and insist that the signs are the signs etc. then if you wanted to take matters further you could return the complement by reference to the precise wording of the Appendix, the recommendation and the council's decision and trust that the adjudicator can make better use of their time than by ferreting through the detail of these reports and would simply take the decision at face value.

There are the other procedural points in play as well.

Wait for others.

My initial challenge could have gone with Pepipoo, I can't find a copy of mine now. But I did make the point that the driveway is in front of my property.

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #23 on: »
Please ignore my PM just now as I realise you have sent the reps.  They should have a copy of your original challenge.
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 at my own driveway - pavement parking - Bexley
« Reply #24 on: »
@Hippocrates,

Added representations rejection letter to https://photos.app.goo.gl/pBcEDp3zpEpMxjUm7
(Last two images in the album)

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #25 on: »
Hi. I assume you wish to appeal this? Pleas e mail me the unredacted NOR so I can file the appeal if so. Tel. number too please. I should have it but......!
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #26 on: »
@cesur Just about to start doing the appeal filing.
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #27 on: »
Appeal filed. Tribunal website had issues this afternoon.
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #28 on: »
;D No grounds on website. 2240438256.
« Last Edit: January 16, 2025, 11:41:04 am by Hippocrates »
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
Like Like x 1 View List

Re: PCN at my own driveway - pavement parking - Bexley
« Reply #29 on: »
Thanks @Hippocrates on this!