Author Topic: Thurrock, c05, Derby Bridge Road  (Read 844 times)

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Incandescent

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Re: Thurrock, c05, Derby Bridge Road
« Reply #15 on: January 18, 2024, 09:33:32 pm »
You need to emphasise that you left the meeting in plenty of time to return to your car within the time paid for, but fell overr on leaving the offices and had to return for some First Aid to be applied, following which you returned to your car and found the PCN. You also need to question why the council in their response say the meeting over-ran, yet the letter from the meeting rep said nothing about this. Adjudicators don't like councils lying like this.

jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #16 on: February 12, 2024, 01:59:13 pm »
Would the below be sufficient as reps? Realise I've left it quite late, unfortunately time got away from me completely!

Dear Sir/Madam
I am writing with regards to PCN TK03017674. On arriving at the bay I paid for parking until 11.01, I was attending a meeting which was due to last until 10.30 and was conscious that this time allowed for any overrun of the meeting. I left The Community House at 10:55 to make my way back to my vehicle, according to Google Maps the bay in which I was parked was less than 100m from The Community House and therefore there was ample time for me to get back to my vehicle. However, as I was exiting down the steps of the building I slipped and fell, twisting my ankle and injuring my knee. One of the Trustees of The Community House who I had met with came to my assistance and took me back into the building to administer First Aid, including cleaning my knee and strapping my ankle. After First Aid had been administered I made my way back to my vehicle, arriving back to it around 11.18 which was the earliest that I could do given the unexpected delay, injury.

I also attach a letter from The Community House confirming that I attended a meeting there, and that they administered First Aid as a result of me slipping on the steps when leaving the building.

H C Andersen

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Re: Thurrock, c05, Derby Bridge Road
« Reply #17 on: February 12, 2024, 02:50:43 pm »
What is the date of issue of the NTO?

At best you have until 14th Feb. to make reps within the 28-day period based on the NTO being issued on 16th Jan.

Also, did you return to the car aided or unaided and how did you drive if your ankle was strapped?

jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #18 on: February 12, 2024, 03:00:40 pm »
Date of the Notice  and date of posting is 15/1/2024, it says it is considered served on the second working day after the date of posting which means 14th Feb is the latest I can make reps.

I returned to my vehicle unaided, and my ankle was only strapped, it doesn't make it impossible to drive, just wasn't particularly comfortable.

What is the date of issue of the NTO?

At best you have until 14th Feb. to make reps within the 28-day period based on the NTO being issued on 16th Jan.

Also, did you return to the car aided or unaided and how did you drive if your ankle was strapped?

H C Andersen

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Re: Thurrock, c05, Derby Bridge Road
« Reply #19 on: February 12, 2024, 05:17:36 pm »
The 17th is day 1, not day zero, therefore 13th is the last day of the 28-day period.

As regards your ankle, don't ignore the point because to do so simply invites sceptical readers to read into the unsaid what they like. 

After the events and their letter I suggest something along the lines of...

...My walking was significantly impaired and I had to make my way back to the car unaided. I'm therefore surprised that I managed it by 11.18, in fact only missing your CEO by a matter of a few minutes - I remember the time distinctly because I checked when I found the PCN.

I do not know whether these circumstances, which were clearly beyond my control, fit under the grounds of 'contravention did not occur' or 'penalty exceeded the amount applicable in the circumstances of the case' but in either case I request that the authority would none the less cancel the PCN.
« Last Edit: February 12, 2024, 05:19:47 pm by H C Andersen »

jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #20 on: February 13, 2024, 09:27:48 am »
Thanks! Much appreciated, I have submitted reps including your comments below 🤞

The 17th is day 1, not day zero, therefore 13th is the last day of the 28-day period.

As regards your ankle, don't ignore the point because to do so simply invites sceptical readers to read into the unsaid what they like. 

After the events and their letter I suggest something along the lines of...

...My walking was significantly impaired and I had to make my way back to the car unaided. I'm therefore surprised that I managed it by 11.18, in fact only missing your CEO by a matter of a few minutes - I remember the time distinctly because I checked when I found the PCN.

I do not know whether these circumstances, which were clearly beyond my control, fit under the grounds of 'contravention did not occur' or 'penalty exceeded the amount applicable in the circumstances of the case' but in either case I request that the authority would none the less cancel the PCN.
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jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #21 on: March 03, 2024, 08:05:55 am »
Received  a rejection to my reps yesterday, any suggestions as to what next? Is it worth following through to tribunal?


jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #22 on: March 08, 2024, 02:59:51 pm »
Sorry to bump this, I'm just conscious that I'm running out of time to pay the reduced rate if my chances of success at tribunal aren't very good.
Thanks!

Incandescent

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Re: Thurrock, c05, Derby Bridge Road
« Reply #23 on: March 08, 2024, 07:28:17 pm »
For the extra £25, I would want to hold their hand to the fire on this one, and take the matter to adjudication. Thurrock are being particularly venal in this case.

jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #24 on: March 11, 2024, 10:29:02 am »
I'm happy to push on and see how it plays out. Do I need to draft different reps to go to the adjudicator?

cp8759

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Re: Thurrock, c05, Derby Bridge Road
« Reply #25 on: March 25, 2024, 10:27:39 pm »
@jays86 please confirm how far you've got with your appeal.
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

jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #26 on: March 26, 2024, 09:21:29 am »
@cp8759 I haven't submitted it yet, currently it is the same as my last reps to the council and includes the letter from The Community House. Any additional input would be greatly appreciated!

Dear Sir/Madam
I am writing with regards to PCN TK03017674. On arriving at the bay I paid for parking until 11.01, I was attending a meeting which was due to last until 10.30 and was conscious that this time allowed for any overrun of the meeting. I left The Community House at 10:55 to make my way back to my vehicle, according to Google Maps the bay in which I was parked was less than 100m from The Community House and therefore there was ample time for me to get back to my vehicle. However, as I was exiting down the steps of the building I slipped and fell, twisting my ankle and injuring my knee. One of the Trustees of The Community House who I had met with came to my assistance and took me back into the building to administer First Aid, including cleaning my knee and strapping my ankle. After First Aid had been administered I made my way back to my vehicle, arriving back to it around 11.18 which was the earliest that I could do given the unexpected delay, injury. My walking was significantly impaired and I had to make my way back to the car unaided. I'm therefore surprised that I managed it by 11.18, in fact only missing your CEO by a matter of a few minutes - I remember the time distinctly because I checked when I found the PCN. I do not know whether these circumstances, which were clearly beyond my control, fit under the grounds of 'contravention did not occur' or 'penalty exceeded the amount applicable in the circumstances of the case' but in either case I request that the authority would none the less cancel the PCN. I also attach a letter from The Community House confirming that I attended a meeting there, and that they administered First Aid as a result of me slipping on the steps when leaving the building.

Incandescent

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Re: Thurrock, c05, Derby Bridge Road
« Reply #27 on: March 26, 2024, 09:26:33 am »
Don't miss any deadline !!!

jays86

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Re: Thurrock, c05, Derby Bridge Road
« Reply #28 on: March 26, 2024, 11:15:29 am »
@Incandescent @cp8759 Would you be add anything additional to those reps? If not then I'll get the Appeal started with that!

Incandescent

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Re: Thurrock, c05, Derby Bridge Road
« Reply #29 on: March 26, 2024, 12:08:40 pm »
It looks good to go to me, but see if cp8759 wants to say anything. What's the deadline for submission ?  Remember it has to be with them inside the period for submitting reps, not just sent off.