Author Topic: Newham Council, Code 26 Parked 50cm from edge, 50 Kensington Avenue, East Ham (E12)  (Read 3632 times)

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The text of the formal appeal to the council was as below:

Subject: Formal Representation Against PCN PN24581799, Location opposite 50 Kensington Avenue

I refer to your rejection of my previous challenge and wish to make formal representations.

At the time of the alleged contravention, I had stopped briefly outside my home solely to assist my disabled child in alighting from the vehicle. Due to their condition, they are unable to exit the vehicle safely without assistance.

I was engaged in the continuous act of assisted alighting, and the vehicle remained stationary only for approximately 1–2 minutes, being the minimum time necessary to ensure their safety. I did not leave the vehicle unattended.

This situation falls within the boarding/alighting exemption, particularly given the need to assist a vulnerable passenger. There was no practical alternative location near my home (49 Kensington Avenue) where I could safely assist my disabled child.

The photographs provided by Council appear blurred, which suggests that the vehicle was already moving when the Civil Enforcement Officer continued taking images. This supports my position that the stop was brief and that I was in the process of leaving.

I previously provided a copy of my child’s Blue Badge. I now enclose additional supporting evidence, including proof of address (xx Kensington Avenue) confirming my residence and that was the location as per the PCN ( opp 50 Kensington Avenue).

I would also remind the authority of its obligations under the Equality Act 2010, specifically the Public Sector Equality Duty, which requires due regard to the needs of disabled persons when making decisions such as this.

I trust you will accept my challenge and look forward to your early confirmation of cancellation of this PCN.

attached: council tax and blue batch

I would appeal this. They are being ridiculous but that's Newham.

There is a clear exemption in an Act of Parliament, but I can't remember which one ! It was posted her within the last month.

TMA 2004 on double parking has this - badly worded but presumably says you can stop to board/alight.

References in this section to parking include waiting, but do not include stopping where—

(a)the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b)the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.


An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for...
legislation.gov.uk


London Councils CEO handbook - A in exemptions is:
Setting down and/or picking up of passengers, or to load or unload any personal luggage




Thanks.
Shall I add this too "Setting down and/or picking up of passengers, or to load or unload any personal luggage is an exemption under code 26" in the appeal?