Author Topic: PCN- Barking and Dagenham- 62- Parked with one or more wheels over a footpath  (Read 428 times)

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Hi Thank you for replying. Yes- its a similar case actually. So, how do I represent formally with barking and dagenham council? Challenging the PCN option, same as challenging it informally? Thats the option I am seeing on their web.

Would you be able to help me writing it within my context, please?

Much appreciated.

The rejection asks for medical evidence - if you can provide what they ask for they will cancel it.

Have you got your challenge so we can see the full picture.


Hi

Thank you for your reply. Do I have to go to Tribunal at this stage or still dealing with council for this formal representation? The rejection was sent to me on 10th of July- by 28 days should i make this formal representation by 8th of Aug?

The evidence- I am not too sure what to provide. On the day I was helping a pregnant friend, she was shopping and became unwell. What do i provide on this- a statement?

Please advise.

I have used the following representation to appeal initially which was rejected:

Dear London Borough of Barking and Dagenham,

I challenge liability for PCN BZ72022199 on the ground that the alleged contravention did not occur.

On 20/06/2026, I stopped in the permit holder parking place outside 21–23 Parsloes Avenue for the sole purpose of assisting a pregnant friend who required urgent medical attention.

Although I was not displaying a permit, I contend that my vehicle was lawfully present under the assisted alighting exemption. My friend was pregnant and required urgent medical attention. Due to her condition, it was not sufficient simply to drop her at the kerbside and drive away. She required physical assistance to reach her destination safely, and I therefore escorted her to the premises to ensure that she was safe and properly attended to before returning immediately to my vehicle. My absence from the vehicle was solely for this purpose and lasted only for the minimum period reasonably necessary to provide that assistance.

I returned promptly and was back at my vehicle while the Civil Enforcement Officer (CEO) was still present, as evidenced by the CEO’s own photographs. This supports my account that I was away from the vehicle only briefly while assisting a vulnerable passenger. The PCN itself records an observation period of 17:09 to 17:09, suggesting that there was effectively no observation period before the notice was issued. I appreciate that CEOs have an important role in enforcing parking regulations, but in the circumstances of this case, I respectfully submit that insufficient consideration appears to have been given to the possibility that the vehicle had been stopped for the purpose of assisting a passenger.

When I returned to my vehicle, I immediately explained the situation to the CEO, namely that I had been helping a pregnant friend who required urgent medical attention. I understand that this conversation may have been recorded in the CEO’s handheld device or notebook, and I respectfully request that these notes are reviewed as part of the consideration of my representations. I also have photographs and video footage taken at the scene, with the CEO’s knowledge, in which I explain the emergency and the circumstances surrounding my brief absence. I am happy to provide this evidence should the council consider it helpful. I have attached pics in evidence section. However, I was unable upload the video (with CEO in it) as it does not have the option.

The vehicle was not parked for convenience, nor was it left unattended for any purpose unrelated to assisting my passenger. I did not stop to shop, visit premises for personal reasons or gain any parking advantage. My only reason for stopping was to provide essential assistance to a pregnant friend who required urgent support. Once I had ensured that she had safely reached her destination, I returned directly to my vehicle without unnecessary delay.

I respectfully submit that these circumstances fall within the assisted alighting exemption. My actions were entirely consistent with the purpose of that exemption, namely to allow a driver to provide such assistance as is reasonably necessary where a passenger cannot safely be left to make their own way. Given my friend’s condition, simply dropping her at the roadside would not have been appropriate or responsible.

I trust the council will also take into account that I acted in good faith throughout. As soon as I returned, I engaged with the CEO, explained the circumstances honestly and cooperated fully. At no stage did I attempt to avoid responsibility or mislead the officer. My actions throughout were motivated solely by concern for the welfare and safety of my pregnant friend.

In light of the above, I respectfully submit that the assisted alighting exemption applies and that the alleged contravention did not occur. I therefore ask the council to cancel PCN BZ72022199.

Yours faithfully,


You make formal reps to the authority at this stage: this is a 2-stage process, informal then formal.

If they reject formal reps then you may appeal to the adjudicator. There are no costs involved and your liability is the full penalty.

IMO, your reps are simple:

You were parked in a permit bay and were involved in an exempt activity, namely assisting ****, who is a friend and who lives at **** but was unable to get to her house unaided because of her medical condition. She was ** months pregnant and on the day this was compounded by ******.

Once she was settled in her house I returned to the car.

Is this in a nutshell?

Refer to both permit signs in support.

This means that the council must consider both parts i.e. whether you were in a permit bay and whether, if so, they agree that you were engaged in the activity.

I suggest you get a letter from her and whatever else you can in support. But time is not on your side, an NTO dated 10 July gives you until close of play on 8th to submit reps.

This is what they ask for - anything on these lines is likely to be useful.




Thank you guys. Yes- that is in a nutshell.

I can try to get a letter from my friend. What should be included in the letter- what sort of information? does she need to sign it or something?

Please advise.

Many thanks

What happened from her perspective is what's needed. Any medical support would be useful.

Hi

I am currently trying to get at least a statement from my friend. If I dont get it by today- I may have to send it without it. Can you support on what should I write? I think you advise to write on the following:

"You were parked in a permit bay and were involved in an exempt activity, namely assisting ****, who is a friend and who lives at **** but was unable to get to her house unaided because of her medical condition. She was ** months pregnant and on the day this was compounded by ******.

Once she was settled in her house I returned to the car.

Is this in a nutshell?

Refer to both permit signs in support."

Many thanks

Hi

Just realised- I have to wait for Notice to owner (NTO) letter before making this formal representation. So 28 days applies after NTO letter is received, right? Its mentioned in the letter. Here it is for your reference:

Here is the google link to access the rejection letter:
https://drive.google.com/file/d/1B1PmGY3tEfDICBywcxTKBNnHQPQguYul/view?usp=sharing

Could you please clarify this?

Many thanks

You're well prepared for the NTO when it arrives.