Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: gtech on January 16, 2024, 09:47:14 am
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How nice of them. Perhaps they know the man from Norfolk? ;)
I'd like to think that authorities in East Anglia are just so much better run that elsewhere, funnily enough I've never taken a council from either Norfolk or Suffolk to the tribunal.
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How nice of them. Perhaps they know the man from Norfolk? ;)
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thanks for your help, as always.
(https://i.imgur.com/ywOSRxM.jpg)
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That's fine, just let us now when you get a response and when making formal representations against the NTO, make sure to save a copy.
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Sorry, the reply was via their website. There is no copy of it. I am the reg keeper and have the v5c.
I said, along the lines of, I was starting a job here and had a heavy delivery. I moved the van into hotel property parking immediately after making the delivery. I have written proof from the flooring shop I was working for and also the hotel manager.
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im sorry.. i fired off a reply off on their website on the morning after the deadline in a panic.
There is no deadline for informal reps, but we are where we are.
Show us a copy of what you sent, also please confirm whether you're the registered keeper and have the V5C.
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For later:
The Suffolk County Council (District of Babergh) (Stopping, Waiting and Loading Prohibitions and Restrictions and On-Street Parking Places) (Map-Based) Order 2019 (https://drive.google.com/file/d/1tQrYghmqzZxQLotsOqgI1FMEL_94F32P/view)
The Suffolk County Council (District of Babergh) (Stopping, Waiting. and Loading Prohibitions and Restrictions and On-Street Parking Places) (Map-Based) Order 2019 (Variation No. 3) Order 2020 (https://drive.google.com/file/d/1TOxif-A9_cMcXNUfM6PxCuZyYK-IdqHc/view)
@gtech how's that draft coming?
im sorry.. i fired off a reply off on their website on the morning after the deadline in a panic.
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For later:
The Suffolk County Council (District of Babergh) (Stopping, Waiting and Loading Prohibitions and Restrictions and On-Street Parking Places) (Map-Based) Order 2019 (https://drive.google.com/file/d/1tQrYghmqzZxQLotsOqgI1FMEL_94F32P/view)
The Suffolk County Council (District of Babergh) (Stopping, Waiting. and Loading Prohibitions and Restrictions and On-Street Parking Places) (Map-Based) Order 2019 (Variation No. 3) Order 2020 (https://drive.google.com/file/d/1TOxif-A9_cMcXNUfM6PxCuZyYK-IdqHc/view)
@gtech how's that draft coming?
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OK so all you need is to type up a draft based on what you know already, i..e you were delivering and have evidence to confirm this.
Type up a draft and post it on here and we'll double check it for you.
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Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days.
Presumably you know that you cannot just park-up, unload, then work on the flooring, leaving the vehicle on the DYLs ?
That depends on the traffic order, many traffic orders have a blanket exemption for "any building operation, demolition or excavation in or adjacent to any such street", though the exact wording varies from one authority to another.
I'll get hold of the traffic order so we can see what it says.
Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days. My own ltd company is the registered owner - not the flooring shop i am doing the work for.
unbelievably the hotel manager sent the requested email within the hour after id appealed. My appeal was accepted online, case is on hold at the moment.
Presumably you can show that your LTD company was engaged to carry out this work, for example with a purchase order or invoice or similar?
much appreciated as always. i have finally received the letter from the hotel manager stating i was there to deliver the flooring and material. I was engaged by a local flooring shop to do the work.
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Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days.
Presumably you know that you cannot just park-up, unload, then work on the flooring, leaving the vehicle on the DYLs ?
yes, having worked in london for years I'm well aware of how to behave.i may have become lax of late as its not such a high pressure area, suffolk as opposed to london. no excuse. However, i did not leave the vehicle to work, i left to the vehicle to deliver. and was doing so.
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Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days.
Presumably you know that you cannot just park-up, unload, then work on the flooring, leaving the vehicle on the DYLs ?
That depends on the traffic order, many traffic orders have a blanket exemption for "any building operation, demolition or excavation in or adjacent to any such street", though the exact wording varies from one authority to another.
I'll get hold of the traffic order so we can see what it says.
Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days. My own ltd company is the registered owner - not the flooring shop i am doing the work for.
unbelievably the hotel manager sent the requested email within the hour after id appealed. My appeal was accepted online, case is on hold at the moment.
Presumably you can show that your LTD company was engaged to carry out this work, for example with a purchase order or invoice or similar?
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Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days.
Presumably you know that you cannot just park-up, unload, then work on the flooring, leaving the vehicle on the DYLs ?
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i do have a letter from the manager at my company,..
..so you weren't acting on your own account but were at work, yes?
Who is the registered keeper of the vehicle, you, your company, a lease company?
The 14-day period ends today - 14 days beginning on 13 Jan = 26th not 27th.
Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days. My own ltd company is the registered owner - not the flooring shop i am doing the work for.
unbelievably the hotel manager sent the requested email within the hour after id appealed. My appeal was accepted online, case is on hold at the moment.
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The discount is likely to be re-offered even after unsuccessful reps, so still submit because you have nothing to lose.
..and pl respond to my questions regarding who is the registered keeper.
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oh dear i think i
ive missed the deadline thinking it was today
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i do have a letter from the manager at my company,..
..so you weren't acting on your own account but were at work, yes?
Who is the registered keeper of the vehicle, you, your company, a lease company?
The 14-day period ends today - 14 days beginning on 13 Jan = 26th not 27th.
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Don't miss the deadline ! Include your manager's letter. This is only the informal challenge stage, and there are two stages to go after this. Hopefully you'll get a response from the hotel by the next stage, assuming it is needed.
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hello.
the hotel manager has gone rogue on me! has told me 4 times she will send me an email. and hasn't. last day to appeal tomorrow.
i do have a letter from the manager at my company, confirming the install... do you think this is acceptable?
thanks
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thanks incandescent. ill get the letter from the manager confirming the installation, and send an appeal. ill keep you updated.
thank you
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hello thanks for replies. no, i hadn't left the van there all day whilst working. the rolls, each 2m high and quite heavy and awkward, were being navigated through the building. the van was moved immediately after.
So you were unloading, and can therefore claim the exemption, as I see no loading restrictions on the street. You would have to explain why the vehicle was left unattended whilst you conveyed the goods to where they were to be delivered, how many trips were needed, and some collateral to support delivery of goods. Loading is a normal activity that sometimes requires parking on restrictions, so you have a pretty cast-iron reason for your reps to be accepted. In addition, maybe get a letter from the hotel manager.
Also make it clear in your reps that when the loading was complete the vehicle was move away.
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pastmybest thank you, how can i check?
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hello thanks for replies. no, i hadn't left the van there all day whilst working. the rolls, each 2m high and quite heavy and awkward, were being navigated through the building. the van was moved immediately after.
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There is a flaw in the PCN re the time for payment which should be from the date of contravention not service although that they have given the correct date may well negate that
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Although it's double yellow lines all along Walnut Tree Lane, there is the exemption for loading/unloading. However, it's not clear if you were there all day unloading the vehicle, plus installing the flooring, so please clarify. Loading includes all related activities, but would not include working in between unloading the vehicle.
Essentially, the law allows you to take as long as necessary, but no longer, and if you claim the loading exemption, it is up to you to explain the time taken.
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hello. thanks to whoever took the time the set up a new site. Used pepipoo for years.
Working in the mill hotel installing new non slip flooring to the kitchen, approximately 200m2. which totals 6.5 2m wide rolls, each weighing roughly 120kg. Also 50 bags of smoothing compound to be used, each weighing 25kg and a 5 litre bottle of liquid to go with each bag.
have parked using the hotel parking, and on street. On this occasion, the rolls had been loaded into the hotel using the back door of the hotel (on a DYL) and were being distributed, which is no easy task considering the low ceilings, weight of flooring, number of customers, etc etc. Although this is commiting a contravention, taking the new flooring through the front of the hotel would not be possible, and also removing all the existing flooring would make a real mess in the front of the hotel. but its no excuse.
on my pcn there is no option to view evidence and i vaguely remember this being a requirement on a pcn from years back.
i would appreciate any help in getting out of this ticket. the manager has agreed to write an email proving the works were being done, if this is any good.
ive included 2 street view links. one, you can see the white door with half metal chequer plate that we used to load, i was parked directly outside this door, and where i received the pcn. the other link shows the other half of walnut tree lane, and the back of the hotel, with the lorry. its well used for loading. no excuse, i know.
(https://i.imgur.com/BGLbGg5.jpg)(https://i.imgur.com/nhxhZCG.jpg)
https://maps.app.goo.gl/X5dGc2nLmwpxbXUU7
https://maps.app.goo.gl/utVVvTgFwV9Vnkn16