Author Topic: Redbridge, parked in restricted street, Cranley Road Ilford IG1  (Read 1583 times)

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Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #15 on: »
If the bathtub was preordered I can't see how the loading exemption could fail. But your reps need redrafting - have you sent anything?

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #16 on: »
'He didn't affix any PCN nor was prevented from doing so but then I received a PCN by post!'

Whether he was prevented or not is your opinion. It might be right or otherwise, but it's not an objective fact and IMO you need to break down what transpired into smaller events.

As regards 'he said I had to park at rear which was obviously occupied at the time.' pl post a GSV of exactly where you were.

My inclination is to say that as loading is an exemption(where is your receipt and did you pre-order etc...you haven't yet dealt with this point)then whether the exemption applies is the key. I don't think that the exemption can be disapplied by a CEO simply because in their opinion you should have parked off-street. There are some off-street parking areas around my way which I wouldn't drive into if you paid me, their surfaces are a hazard.

You would also add that on the face of it the PCN has been served out of time because more than 28 days have expired between the dates of contravention and service. It is NOT your task to reason why, it's the authority's burden to prove that they were entitled to serve 'late' ... because it's hired and they notified the keeper that reps to the effect that the vehicle was hired were served less than 28 days ago. Proof on their part(copy of NoA to hire company), not assertion.

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #17 on: »
I submitted reps as below and received letter rejecting the reps (see link below).  Noticed that on the "Your right to appeal" guidance page the fourth bullet point is incomplete.  Pointing out in case it is technically wrong.  Otherwise would appreciate thoughts on whether to take this further.


"The vehicle was parked with hazards on next to a plumbing store for loading of large, bulky items.  There is no signage relating to the location parked not permitting this activity.  Furthermore the PCN alleges vehicle was driven away before CEO had finished preparing PCN or was prevented from serving.  I have photos as attached showing that there was traffic on the road which clearly would have prevented the vehicle from being driven away.  Further the PCN photos show me approaching vehicle to enter.  Therefore if CEO wanted to serve PCN in person or affix to vehicle there was ample opportunity to do so. I cannot understand why this PCN was raised and what motivation CEO/London Borough of Redbridge had for stating false information on the PCN that vehicle was driven away or CEO was prevented from serving.  Therefore I request the PCN be rescinded with immediate effect.  I look forward to your confirmation of the same."


https://ibb.co/vJdnk88

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #18 on: »
I'm a doofus didn't see the last two comments on the second page!

Unfortunately didn't pick up these points (receipt, out of time) in my reps.  Should I still appeal based on the reps made?

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #19 on: »
Well, if you don't follow our advice you're going to end in the brown stuff ! HOwever, if you are OK to risk the full PCN penalty, then register an appeal now at London Tribunals. Loading is an exemption to the yellow line and I would think a bathtup is sufficiently bulky to be a reason for parking close-by. It is this, or cough-up the £65; it's up to you.

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #20 on: »
Can I still use HCs argument too about out of time even though I didn't mention in reps?

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #21 on: »
Can I still use HCs argument too about out of time even though I didn't mention in reps?
Of course

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #22 on: »
Your reps were poor as you realise because you didn't stand up the loading exemption.

You still seem to have two solid grounds to take this to the tribunal. Adjudicators often side with appellants on the lack of PCN issuing when they hear from them in person. 

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #23 on: »
Going to take this to tribunal.  I have the invoice from the plumbing shop from day before when I prepaid for bathtub and accessories which I am going to reference and attach.

Here is my draft of why I am appealing, please share your feedback:

_________________________________________________________________

"The vehicle was parked with hazards on next to a plumbing store for loading of a bathtub that I pre-ordered 15 October 2024 for collection 16 October 2024 (invoice attached). Given the bulky nature of item I parked as close to the shop door as safely possible to enable loading.  Therefore in the first instance loading exemption applies which renders PCN invalid.

I note that on the face of it the PCN has been served out of time because more than 28 days have expired between the dates of contravention and service.

Further the PCN alleges vehicle was driven away before CEO had finished preparing PCN or was prevented from serving.  The council's photos show I did not prevent PCN from being issued and I have photos as attached showing that there was traffic on the road which clearly would have prevented the vehicle from being driven away (attached).  Therefore if CEO wanted to serve PCN in person or affix to vehicle there was ample opportunity to do so.

I cannot understand why this PCN was raised and what motivation CEO/London Borough of Redbridge had for stating false information on the PCN that vehicle was driven away or CEO was prevented from serving.  Therefore I request the PCN be rescinded with immediate effect.  I look forward to your confirmation of the same."

_________________________________________________________________

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #24 on: »
Any feedback appreciated, looking to submit today.  Thanks

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #25 on: »
Any feedback appreciated, looking to submit today.  Thanks
I think you should remove the penultimate sentence - "I cannot understand....", and add the following to the last sentence: -

"The points I have made above are irrefutable, therefore... <then rest of sentence>"
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Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #26 on: »
OP, at this atage you simply register your appeal, I suggest under the grounds of Contravention did not occur and Procedural Impropriety. You add the body of your argument later.

While you're doing this, there's still an aspect of the events that hasn't been explained as far as I can see. You parked, you left the car in order to go to the shop to collect the bathtub..and you then returned empty-handed to photograph the CEO.

Why?

Where was the bathtub?

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #27 on: »
there's still an aspect of the events that hasn't been explained as far as I can see. You parked, you left the car in order to go to the shop to collect the bathtub..and you then returned empty-handed to photograph the CEO.

Why?

Where was the bathtub?

Quote
The vehicle was visible from the shops side window and when I was at the till I saw the CEO and rushed out to move the vehicle.
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #28 on: »
Thanks.

OK, this is the OP's version but the council's photos show the vehicle to be some way from the shop and why would the car need moving if all that was happening was loading which was a permitted activity, something which the OP clearly implies knowledge of based upon their reps.

But we have to go with the OP's account, just so long as they recognise that what's apparent to us would also likely be to the adjudicator, and in the context of the CEO's notes.

Re: Redbridge, parked in restricted street, Cranley Road Ilford IG1
« Reply #29 on: »
Thanks.

OK, this is the OP's version but the council's photos show the vehicle to be some way from the shop

??? the car appears to be parked directly outside the side of the shop to me.
Quote from: andy_foster
Mick, you are a very, very bad man