Author Topic: 52J - CROYDON - Parsons Mead  (Read 365 times)

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gosha

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52J - CROYDON - Parsons Mead
« on: October 25, 2023, 11:29:04 am »
I have been issued a PCN for driving through a prohibited road (Parson Mead Croydon).

On Sep 27 2023, a high school girl was murdered and Wellesley road was blocked, leading to high traffic in the area.

I was caught in the roadblock on the morning of Sep 28 2023 and had to take a diversion through a prohibited road to get home. I appealed stating the circumstances but the appeal has been rejected. Is there anything I can do? Can the council block a road and not provide alternative paths for the traffic? Will an adjudicator consider the mitigating circumstances here?


I have attached a rejection notice.

Original PCN: https://ibb.co/8NhZSty
PCN notice of rejection:
https://ibb.co/Z2By3Nr
https://ibb.co/rFHJnW2
Video of violation: https://sendeyo.com/en/2a6bb17f33

Tweet showing Wellesley road closure: https://ibb.co/rw7XXW5
« Last Edit: October 25, 2023, 03:23:37 pm by gosha »

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Neil B

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Re: 52J - CROYDON - Parsons Mead
« Reply #1 on: October 25, 2023, 11:48:54 am »
You've chopped off the top of the rejection so we have no idea of your current timescales.

So what roads were closed at the time?

We need to see the representations you made.

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #2 on: October 25, 2023, 12:07:32 pm »
I have a week before the 14-day period to pay the discounted charge of £65 expires.

This was the representation I made:

Quote
I hope this letter finds you well. I am writing to formally challenge the parking violation ticket numbered [Ticket Number] that was issued against my vehicle on [Date] at [Location]. I fully understand the rules and responsibilities of the road, and I sincerely apologize for any inconvenience my actions may have caused.

On the aforementioned date, I unfortunately entered a prohibited road. This decision was made in a dire situation where the usual traffic flow was extraordinarily disrupted due to a tragic incident - the murder of a teenage girl the previous day. This led to unexpected road closures and traffic blockages, leaving me with no viable alternative routes at that moment.

I want to express my deepest condolences for the loss of the young life and sympathize with the community's grief. My intent was not to disregard traffic regulations but rather to find a way out of the unprecedented traffic situation caused by the sad event.

I kindly request the council to consider the extraordinary circumstances in this case and kindly retract the parking violation ticket issued. Your understanding and compassion in this matter would be greatly appreciated.

Thank you for your time and consideration. I am looking forward to a favorable response and am willing to provide any further information or attend a hearing if necessary.


John U.K.

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Re: 52J - CROYDON - Parsons Mead
« Reply #3 on: October 25, 2023, 12:28:20 pm »
I am not sure why you have redacted some dates, times and reg.marks. The only thing that needs redacting is your name and address.
See
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

I find that using https://imgbb.com/ for each individual image means the BBCodes there can be used to embed each image directly into a post. Using the attachment system rather than direct links means some people won't go to the hassle of downloading and opening.

That said, please post all sides of the PCN so it can be checked for errors in the 'small print'.

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #4 on: October 25, 2023, 01:53:01 pm »
@John: Thanks, I have updated the post with the corrections.

John U.K.

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Re: 52J - CROYDON - Parsons Mead
« Reply #5 on: October 25, 2023, 02:50:07 pm »
There's the 1st page of the PCN and that of the rejection, but there are still pages missing?

There are often mistakes in the 'small print' that some people assume is standard wording and therefore must be right. Without seeing the wording, the experts here cannot tell.

« Last Edit: October 25, 2023, 02:54:25 pm by John U.K. »

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #6 on: October 25, 2023, 03:14:15 pm »
I have attached the second page of the rejection notice. The PCN was one page only - the remaining was payment details.

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #7 on: October 27, 2023, 02:08:55 am »
Dear all, I have 3 days to pay the reduced charge. Can someone tell me if there are grounds for me to contest? Essentially I want to argue that the lack of alternative options after a road block was the reason for the transgression.

cp8759

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Re: 52J - CROYDON - Parsons Mead
« Reply #8 on: October 29, 2023, 01:28:24 pm »
There is a service vs delivery flaw on the notice of rejection, but this argument only seems to work for Traffic Management Act 2004 PCNs.

Don't worry if you've paid the discount, you can appeal regardless at any point during the 28 day period.

So, to determine how much of a case you have you'll need to draw up a map showing the route you wanted to take, and illustrating why this was the only viable route.
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

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #9 on: November 03, 2023, 12:49:00 pm »
I am trying to put together an appeal - I have paid the discounted penalty though. The appeal says I can only appeal on the following grounds:

Quote
What are your grounds for appeal?
These are the only reasons that you can appeal. Choose all that apply.

  • At the time of the alleged contravention the vehicle was in the control of someone without your consent
  • I was not the owner at the material time
  • The contravention alleged by the authority on the penalty charge notice did not occur
  • The penalty charge exceeded the amount applicable in the circumstances of the case
  • You are a hire firm and have supplied a valid hire agreement

Link of the map showing the route I took (blue), which road was blocked totally because of the murder (in red), and the roads which were totally clogged (in orange)
https://ibb.co/Yk77Prm

cp8759

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Re: 52J - CROYDON - Parsons Mead
« Reply #10 on: November 04, 2023, 05:40:19 pm »
I am trying to put together an appeal - I have paid the discounted penalty though. The appeal says I can only appeal on the following grounds:
I really suggest you don't try and appeal yourself, if there is a viable appeal one of us will represent you.

Please explain exactly what you mean by "heavy traffic / vehicles stalled".
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

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #11 on: November 07, 2023, 01:22:56 am »
Because of a main road being blocked, other main roads in the area were totally clogged. The traffic congestion increased significantly. A 10-minute drive took an hour or so. I can look up Twitter for evidence if required at this stage.

gosha

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Re: 52J - CROYDON - Parsons Mead
« Reply #12 on: November 08, 2023, 04:43:15 pm »
I am running out of time for 28 day cutoff. Can someone advise please?  :)

cp8759

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Re: 52J - CROYDON - Parsons Mead
« Reply #13 on: November 12, 2023, 11:18:35 pm »
It's unfortunate you didn't come to us when you first got the PCN because I can't really see any viable grounds of appeal, and there's no point in appealing if you're just going to end up paying the extra £65.

Say for some reasons Parsons Mead had also been blocked, what would you have done?

If the council had put out a tweet saying they'd suspended enforcement on Parsons Mead it would be a different matter, but there's no evidence of that.
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