3. Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
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Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
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Hello Experts,

I have received this PCN for parking with one or more wheels on the footpath. It was on a driveway of our house where building work is going on. We had some building stuff on the driveway and I went to unload some heavy stuff and as I could not go fully on to the driveway, i had to park the car where part of it was on footpath, not fully blocking though. I went inside for couple of minutes and in the meantime, i was given this PCN. There are no parking bays on the street. Please could you advise if it can be represented? pcn copy attached.

Thanks
« Last Edit: June 17, 2024, 01:02:13 pm by dk007 »
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Re: pcn on driveway with one or more wheels on the footpath
« Reply #1 on: »
I am unable to upload any attachments as it says space is full, could someone advise how to remove previous attachments or make space in the folder.
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Re: pcn on driveway with one or more wheels on the footpath
« Reply #2 on: »
If you read the following thread it advises you how to add pictures to your posts using Imgur: READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc. cases
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Re: pcn on driveway with one or more wheels on the footpath
« Reply #3 on: »


« Last Edit: June 19, 2024, 01:05:19 am by cp8759 »
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #4 on: »
Need to see the council photos, (if any), plus a GSV link to the exact location where you parked. A quick look shows no apparent ban on parking in the street.
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #5 on: »




« Last Edit: June 19, 2024, 01:06:43 am by cp8759 »
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #6 on: »
« Last Edit: June 19, 2024, 01:07:03 am by cp8759 »
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #7 on: »
OK, so looking at your photos, the vehicle was mostly blocking the footway, hence the PCN. Parking off-carriageway has been an offence in London since the 70s, and needs to signs or lines. If you'd parked on the carriageway to unload you'd have been OK.

There may be a "technical" appeal argument, so wait and see what the others say.  We always recommend submitting representations, even if it looks as if you are totally bang-to-rights, as they may shoot themselves in the foot when replying, and also it give us time to make further investigations. They will re-offer the discount if you submit reps within the discount period.

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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #8 on: »

I went inside for couple of minutes and in the meantime, i was given this PCN..

The PCN shows that the CEO observed your car for 4 minutes and it's known that printing, signing, placing in an envelope and serving on the car takes another 3-4 minutes. You also say imply that you didn't see the CEO, therefore add further time for them to depart. ....is not 'a couple of minutes'.

You are are bang-to-rights as regards the contravention so the owner only has technical and procedural options, none of which arises from a first scan of the PCN.

You protect the discount if you make reps TODAY. I'd do this even if it's only to say sorry, but get something in today.

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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #9 on: »
Hi, Thanks for the reply. I did see CEO when he was sticking the PCN to the car, asked him to not issue but he said it is too late now. Do i have until tomorrow to make reps and what should i write in there?
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #10 on: »
I think you need to emphasise the heavy nature of the goods you were unloading. Also emphasise that you were within the house and gardens the whole time if any difficulties arose. Be apologetic and say you tried to leave some space for pedestrians to pass, but clearly this was not totally satisfactory.

Main thing is not to just pay-up now; submit reps and see what they say. Post their response when you get it.
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #11 on: »
@dk007 did you submit something? If so, please show us what you sent.
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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: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #12 on: »
Hi, Yes, I did, This is what I wrote in my representation:

There was building work going in the house and the driveway was blocked from the back side so the vehicle could not go fully towards the main house. This can easily be seen that building material was lying on the driveway in the pictures that Enforcement officer has taken, I was only unloading some heavy items like plastering sand, screed and cement bags which were very heavy.  I would like to emphasise that I was within the house and gardens the whole time if any difficulties arose. I did leave some space for pedestrians to pass but clearly this was not totally satisfactory. My sincere apologies for parking like this and it will not be repeated in future. Kindly allow my appeal.


Quote from: cp8759 on June 19, 2024, 01:10:08 am
@dk007 did you submit something? If so, please show us what you sent.
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #13 on: »
There is an exemption to the 70s Act banning off-carriageway parking if the loading could not be undertaken in any other way. However the vehicle must be attended at all times. "Attended" is not defined, but from your narrative, I think you would qualify for this exemption, what with the weight and bulk of the goods. The only downside is that if the council refuse this, you'd have to take them to London Tribunals.
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Re: Hillingdon, Code 62, pcn on driveway with one or more wheels on the footpath, Birchway Hayes
« Reply #14 on: »
It's previously been held that "Attended" means within earshot, if dk007 was inside the house and out of sight I don't think that would qualify. On the facts the contravention looks made out, so we'd need a procedural impropriety to win this at the tribunal. Still, as long as you challenge the NTO within 14 days the discount should be reoffered, so it makes sense to take it that far and evaluate your chances once you have a formal notice of rejection.
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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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