Author Topic: Tower Hamlets -- Code 21 parking in suspended bay (while stuck indoors with Covid)  (Read 391 times)

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TwistedEdge

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While I was in bed with Covid...  ::)

Last week, on Friday 22nd Sept night time, I left my car in an authorised permit bay outside my home (i.e. I have a permit).

I felt unwell, did a covid test the next morning, and found it to be positive -- I stayed home, my car remained in the same spot. (it was an NHS test, now in my records and fully provable).

A few days later I discovered I was given a ticket, due to the bay being suspended!


There was a single-bay suspension in place already -- I was fully aware of, and avoided, this -- but at some point the restriction sign was swapped and extended to four bays!

I cannot prove when it was changed, but believe this was done after I parked.


Trying not to be paranoid, but the ticket issuing officer was the same one who ticketed me a few weeks ago (and subsequently got me towed)!  ::)

Ticket:


https://mega.nz/file/mBwlgKBB#0V2V3dy--6nB1ZZPyJUXyXvRn1caFFrzRSvmdqGHhh4


https://mega.nz/file/vUZCxCTB#gAZELkrccw9os9-0lu8LDIEFj68-AF2gmBzEL-LUyss
« Last Edit: September 30, 2023, 04:40:07 pm by TwistedEdge »

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cp8759

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Well you've basically put all the information you need in your opening post. I suggest you draft a representation based on what you've told us and put it on here for review.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

TwistedEdge

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This perhaps?

Quote
To whom it may concern,

I wish to challenge the PCN TTxxxxxxxxxx on the following grounds:

On Friday 22nd Sept, I returned home feeling unwell and left my car in an authorised permit bay outside my home. The next morning I took an NHS covid test, which was positive - this can be proven by my medical records.

I stayed home for the next few days; I did not use my car in this time.

At the time I parked, there were no signs indicating this new suspension -- therefore I was alarmed to I discover the PCN.

There was, however, a previous single-bay suspension in place a few days earlier at a different spot -- at some point the restriction sign was removed and replaced with one that extended to four bays; I believe this was after I parked.

Therefore, I ask that you please cancel the ticket at your earliest opportunity.

Yours faithfully

« Last Edit: October 01, 2023, 03:24:03 am by TwistedEdge »

cp8759

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It's no good saying "this can be proven by my medical records" as the council cannot access those, so you need to provide them. So, what can you send them?
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

TwistedEdge

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Oh, it's in my NHS App, email and SMS -- I can send screenshots of any of those.

cp8759

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Oh, it's in my NHS App, email and SMS -- I can send screenshots of any of those.
Definitely include a couple of screenshots.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cp8759

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Suspension logs:



















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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

TwistedEdge

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So seemingly, they put the sign up before I parked -- meaning it was dark and I mistakenly expected the previous (removed) sign that only covered a single bay.

However, I did park there before the suspension started (i.e. I parked Friday 22nd), but did not expect to be stuck indoors with Covid as I only tested positive the following day.

So, the contractors (who have been working since before any suspension) are still there, requested two to three bays - but four were given and only one is actually being used for their equipment.


I guess I need to rely on the goodwill of them knowing I had covid.
« Last Edit: October 06, 2023, 03:56:30 am by TwistedEdge »

cp8759

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What's the date of your positive covid test?
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

TwistedEdge

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What's the date of your positive covid test?

Saturday 23rd -- 2 days before the suspension started.

cp8759

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What's the date of your positive covid test?

Saturday 23rd -- 2 days before the suspension started.
Right, so you still have a good appeal because if you hadn't had covid, you could have moved the car.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

TwistedEdge

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Just checking, but do they have a time limit within which to respond?

It's been a month since I sent off the appeal and it's still marked as 'on hold'.

cp8759

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For an informal representation, 2 / 3 months is quite possible. Fortunately at the formal notice to owner stage, there's a statutory deadline of 56 days.

They only have 6 months to issue the notice to owner, if they don't then that's the end of the matter (though it is not impossible that they might try and serve one out of time hoping you don't know the rules).
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order