Author Topic: PCN on a double yellow line in tower hamlets  (Read 2420 times)

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Re: PCN on a double yellow line in tower hamlets
« Reply #30 on: »
Thank you for your response Incandescent.
I would like to stand my ground and take this to tribunals. We you guys be able to assist me with the appeal when the Notic to owner arrives?
Also apart from the weight of goods and photos, is there anything else i can use to strengthen my case?
Such as the photos taken by the CEO were taken in the space of 1 Minute. Could the CEO provide any evidence to show that he was monitoring the vehicle 5 mins prior to this?

Re: PCN on a double yellow line in tower hamlets
« Reply #31 on: »
There is no mandatory observation time. Your strongest appeal argument is loading because that is a legal exemption to the double-yellow lines, but you have to prove it, hence my comment about proof of the weight and bulk of the goods.

Re: PCN on a double yellow line in tower hamlets
« Reply #32 on: »
Ok thank you for the advice. Could you possibly help me word out the appeal when it comes to it?

Re: PCN on a double yellow line in tower hamlets
« Reply #33 on: »
Ok thank you for the advice. Could you possibly help me word out the appeal when it comes to it?
Prepare a draft and post it here for review. Use of "clever" AI apps is not recommended.

Re: PCN on a double yellow line in tower hamlets
« Reply #34 on: »
Ok thank you

Re: PCN on a double yellow line in tower hamlets
« Reply #35 on: »
Hi,

IU have now received the notice to owner. Could you please assist me on what to type out?

Could you also assist me on how to bring this topic back to the top of the main thread so that other users could see this and potentially advise on my situation?

Ashraf

Re: PCN on a double yellow line in tower hamlets
« Reply #36 on: »
If you are to be successful with an appeal, and I mean an appeal to London Tribunals, you do need to firm-up your case for loading, because the CEO saw no loading activity, but clearly there was such activity. In cases like this, some collateral, like weight of the goods and maybe a photo of them. If you can assemble this, then you have a much stronger case to take to LT. The alternative is you pay-up now to get the discount. The whole system is designed to encourage early payment, so the 50% discount is offered. Basically, if you feel hard done by, you have to stand your ground and forego the discount option. Needless to say, not a lot of PCN recipients do this, because most people kn  ow very little about the legal process and think they have to pay huge sums if they lose which, of course, is totally wrong. The maximum financial exposure is the full PCN penalty.

Hi @Incandescent
the details you have told me to add from the above information into this draft, is there anything else you can advise for me to add alongside with it which could possibly help my case?

Re: PCN on a double yellow line in tower hamlets
« Reply #37 on: »
I can't think of anything else to add. Normally for commercial loading, one has documents, but yours is a domestic loading case, so I doubt you have anything like this.

Re: PCN on a double yellow line in tower hamlets
« Reply #38 on: »
From your previous experience with loading/unloading cases, are councils lenient with proof of weight, photos of the items tht were unloaded etc?

Re: PCN on a double yellow line in tower hamlets
« Reply #39 on: »
From your previous experience with loading/unloading cases, are councils lenient with proof of weight, photos of the items tht were unloaded etc?
Councils are never lenient, because they get the PCN money if they reject representations. The only unbiased place is the adjudicators at London Tribunals. So the bottom line is that if you want to stand your ground rather than cough-up, you have to be prepared to take the council to London Tribunals. Of course you have to risk the full PCN penalty. If you win you pay nothing, if you lose, you pay the PCN penalty, but there are no additional costs or charges.

However, first you have to go through the process, so must be rejected when you submit representations against the Notice to Owner. Of course they may accept your reps and cancel the PCN !

Re: PCN on a double yellow line in tower hamlets
« Reply #40 on: »
Hi,

Can you please read my draft copy for review;

I have waited for thr Notice to owner to arrive. I am submitting a request that the above PCN be cancelled, as at the time it was served I was engaged in loading,(an exemption to yellow lines). I was engaged in conveying domestic goods such as heavy kitchen items consisting of pots and pans, an airfyer, blender and other kitchen accessories weighing a total of 28Kg. These were mostly packed in big heavy duty ikea bags to handle the weight and bulk. As there was no free parking spaces nearby it was necessary to park on the closest yellow lines  to convey them to the chronos building, 23 Mile end road, E1 4TN which is a short distance away. I was assisting someone whos hasn't got the physical capability of carrying such heavy household items alone. I was not intending on leaving the car for longer than a few minutes but I did not realise that from the car to the main gate of the builindg is roughly a minute walk, after entering the main gate you must walk a short distant futher across the courtyard and enter a secondary gate into the building and then go up 4 flights of stairs to the residence. Please bear in mind that this whole journey takes longer whilst being weighed down with 28 kg worth of heavy items. This was the only route to the building and I was the only help for this vulnerable person at the time. Just because your CEO was not there at the time of which I left the car with the bags in hand (which would have been 1 minute before he supposedly arrived and started his observation of the vehicle)
I was most definitely unloading and I will attach the images of the bags that were carried to the building.


I therefore request that the PCN be cancelled. I was exercising my right to load/unload. I believe that a brief observation of 5 mins from your CEO is insufficient and that this case therefore will most definitely uphold with the London Tribunals. I find it highly unfair that tower hamlets council allow their CEO's to only observe a vehicle for 5 minutes before issuing a PCN. Even when the hazards on the vehicle are left on and a passenger in the car. Tower Hamlets council are cheating their residents by what I believe to be fraudulently taxing car drivers through illegal PCN's.

Regards,
Ashraf


Re: PCN on a double yellow line in tower hamlets
« Reply #41 on: »
Your last paragraph is too confrontational. You want them to cancel, so make it easy for them. I suggest you substitute it with this: -

So in summary, I was engaged in unloading which you are well aware is an exemption to the yellow lines. I have described the goods that were being unloaded, and also supplied photographs of them, a total of 28 kilos. In addition to this, a passenger remained in the vehicle at all times to deal with any problems my parking might have been causing and the hazard warning lights were on. I consider this was enough to demonstrate to your passing CEO that an exempt activity was being undertaken. If in doubt, your CEO could have asked my passenger. I therefore request that the PCN be cancelled forthwith.