Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Marcus2018 on December 12, 2023, 10:21:57 am
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However, will it make the case worse given the fact that I was parked around a bend?
To a police constable enforcing criminal law maybe, but this is a civil law offence and the council cannot consider anything other than the legislation supporting double-yellow lines. This provides for two exemptions, (1) loading/unloading, and (2) boarding/alighting passengers. As I said previously, adjudications over the years since 1991 when the decriminalised laws on parking came into use, developed the "assisted boarding" concept as part of the exemption. So this is a well-established exemption that the council should accept. Clearly the CEO was not in error because there was nobody in the car at the time the PCN was served to the car, so the PCN was correctly served at the time.
The biggest problem nowadays is the wanton greed of councils for getting the PCN penalty money at all costs. So they game the system ruthlessly and invariably refuse informal representations. However, bearing that in mind, you should submit informal representations on the basis of taking your children to the school and the nursery, pointing out that you were unable to find a parking bay free. However, don't expect them to accept this. Only when you wait for the Notice to Owner, (sent to the registered keeper on the V5 Registration Certificate for the car), are reps considered with any degree of knowledge of the yellow line exemption. Yes, it is disgraceful, but for the time being we are stuck with this flawed law. I can only suggest you persist, and in the end you should win, but you have to risk the full PCN penalty to do so. That's how they make so much money, because few people like to risk the penalty doubling.
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My 2 children both go to the same school (one in nursery, one in year 1). Besides, my mum went along with us too. All of us left the car and take the children to school, then my mum and I go back to the car afterward and at that time the pcn is issued. My mum does not understand English and she is not familiar with the classroom location in the school as she just come to the UK from another country a few weeks ago, so I must go together with them.
However, will it make the case worse given the fact that I was parked around a bend?
Thank you.
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There are plenty of winning cases, but it's finding them on the London Tribunals statutory register.
Why not submit an informal challenge stating that you were taking your two children (5 & 3) to school, but all the available parking spaces were taken. With children so young, you could not just let them out of the car to find their own way to school, so had to park where you did. As the council will be aware, boarding and alighting is an exemption to yellow lines. Your activity only took as long as necessary to take the children to the school directly across the road.
Only thing is, surely you were not taking the three year old to school ?
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Thank you for the reply.
The school is just opposite from where I parked. At that time we are a bit late, the legal parked space around is full already, we have no other choice but park around the bend.
After I come out from school (I believe its just few minutes), other cars are already left and I saw the CEO was just creating the PCN when I back. He told me he observed 2 min for my illegal parking so had to give me the PCN. Then I take it directly and back to the car.
May I know if there is any winning case record for this situation? Thank you!
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Need a bit more info, like parking situation. I see the school is directly opposite where you parked.
Boarding/alighting passengers is an exemption to the yellow lines. In addition, if a person is alighting or boarding vulnerable passengers that need accompanying to/from a "place of safety", then "assisted boarding" can be claimed, but needless to say, this argument only tends to get an unbiased hearing at the adjudicators with the full PCN penalty in play. Then even if you win, the council can just carry on serving PCNs and wear you down that way.
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Hi all, I would like to ask if there is any chance for appeal for my PCN.
This morning I took my 2 children to school (5 and 3 years old). I parked near the bend on the double yellow line for just few minutes. When I was back I got the PCN and the CEO stated that they have only observed for 2 minutes (0849 to 0851). The CEO has given the PCN directly to me.
Is there any chance for me to appeal or should I pay directly? Thank you all.
The map of where I parked:
https://www.google.co.uk/maps/@51.5817336,-0.3540893,3a,75y,206.45h,64.11t/data=!3m6!1e1!3m4!1siOSoJl06rrI3gp7ynK8-sw!2e0!7i16384!8i8192?entry=ttu
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