Free Traffic Legal Advice

Hi,

I hope you can help.

FR60109989
HG69VXO

I received a PCN through the post after I had returned to my vehicle and a traffic warden was trying to give me a ticket, I drove off before he could put it on the vehicle. I was under the impression that a PCN had to be served?? Also, it gives a good indication of how long I was away from the vehicle that he didn’t have enough time to prepare a ticket.

The full story is that I was actually attending to a reported gas leak (sign in the front window of the van) at a charity shop on Hoe St, parking is notoriously difficult in the area, not helped that 3/4 pay and display bays were out of action due to them storing dirt for road works. My van was parked mostly in a pay and display bay and I had purchased a virtual ticket (3 hours) my back wheels were out and touching the double yellows. I was aware of this and actually spoke to 2 different wardens in the time I was parked there who both said ‘not a problem’. I had finished and was putting my tools back in my van, I went back to the shop to collect the last bits, I passed a traffic warden on the way, I said ‘that’s me round the corner there mate, I’ll be 2 seconds’. Literally no more than 1 minute could have elapsed by the time I returned to the van, you can actually see me in the background of one of the images!! Over zealous jobsworth is the polite terminology for the language that was directed at him.

Do I have a case to say that he has used the wrong code? Surely parked outside of the marking would be the correct one? That would at the very least be a lower fee?? How would I phrase that in an appeal letter?

Any help or advice would be gratefully received.

Thanks,
Chris

Edit: I am the owner of the vehicle. I can provide an invoice to support the work that was carried out and I actually called out the gas network provider as an emergency call out, so there should be record of that too.

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London Borough of Waltham Forest PCN Cancellation Procedure.

contains the relevant piece about gas &c. Mr.Mustard
https://www.ftla.uk/index.php?action=profile;u=7

has uploaded it to
https://www.scribd.com/document/548828274/London-Borough-of-Waltham-Forest-PCN-Cancellation-Procedure

but I haven't got a ScribD account'

The standard clause seems to be (I cannot find it in relation to DYL):

(3) Nothing in paragraph ([penalties] shall apply so as to prevent a vehicle stopping on any length of road so long as may be necessary for any of the purposes specified in paragraph (4) if the vehicle cannot be used for such a purpose without stopping on the length of road.

(4) The purposes are—

(a)to enable a person to board or alight from the vehicle,

(b)to enable goods to be loaded on to or to be unloaded from the vehicle,

(c)to enable the vehicle to be used in connection with—

(i)any operation involving building, demolition or excavation;

(ii)the removal of any obstruction to traffic;

(iii)the maintenance, improvement or reconstruction of the length of road; or

(iv)the laying, ****, alteration, repair or cleaning in or near the length of road of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus kept installed for the purposes of a telecommunications code system or of any other telecommunications apparatus lawfully kept installed in any position.

Here?

https://goo.gl/maps/aN8xprYSDZptzZ3N6

A somewhat short parking bay?

Hi,

I have just received a rejection notice for the appeal I lodged.

I appealed on the basis of it being the incorrect code and that the lesser fine of not parking within the markings of a bay would be more accurate. The rejection letter states that they cannot find record of me having paid to park, I’ve 100% got the receipt on my phone. Is this a slam dunk on appeal now? How would I word this?

Thanks, Chris
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Ok, my mistake.

As part of my representation I submitted an invoice for the work carried out and a copy of the job report from Cadent, the gas transporter, showing they attended as an emergency call out too. The rejection letter states that they cannot find evidence of a parking session for my vehicle in Hatherly road, I have that receipt on my RingGo account, surely they couldn’t have looked as it’s there in black and white.

I get loads of parking tickets and camera fines every year, it comes with the territory’s being a tradesman. I accept that it’s part of doing business in London, I just feel particularly aggrieved this time. Short of parking my van a 20 minute walk away from the job there was nothing more I could have done. The traffic warden actually laughed as I questioned why he was issuing me a ticket! This one feels personal.

I’ve never taken it to appeal before. I haven’t a clue what to do now. Any help you can offer would be greatly received

I've sent you a PM.