Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Slim07 on January 25, 2024, 09:21:45 pm

Title: Re: NEWHAM
Post by: cp8759 on January 31, 2024, 10:57:38 pm
@Slim07 I think people are making this way more complicated than it needs to be, here's a simple representation:

Dear London Borough of Newham,

I challenge liability on the ground that the alleged contravention did not occur. I leave a van from DPD but on this particular day I was not working, rather I was taking my 14 year old son to buy some clothes for a wedding, I attach a copy of the blue badge and a receipt for the clother.

I trust that in light of this evidence you will cancel the PCN.

Yours faithfully

Send it off with photos of the clothes receipt and the blue badge (don't bother with the other bits of evidence at this stage) and let's see what they say.
Title: Re: NEWHAM
Post by: H C Andersen on January 31, 2024, 09:01:22 pm

I offer this for posters' critique:

The relevant facts IMO:
I was not at work on this day, this is my mode of transport.

The BB belong to my 14 year old son, he was with me. He is a minor.

I was parked on a single yellow line;

i believe i was in the 3hr window slot.

Stop overcomplicating matters e.g. second-guessing the CEO's reasons etc.

If the CEO issued a PCN because they suspected that a BB was being used improperly then simple reps along the above lines should succeed.

But OP, I ask again: who is the registered keeper?
Title: Re: NEWHAM
Post by: Slim07 on January 31, 2024, 08:22:17 pm
@cp8759

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Title: Re: NEWHAM
Post by: Slim07 on January 31, 2024, 08:08:50 pm
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Title: Re: NEWHAM
Post by: Slim07 on January 31, 2024, 08:08:08 pm
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Title: Re: NEWHAM
Post by: Slim07 on January 31, 2024, 08:07:14 pm
@cp8759



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Title: Re: NEWHAM
Post by: Slim07 on January 31, 2024, 07:39:29 pm
@cp8759

do you have a receipt for the clothes?

Yes I do have receipts

And a work rota or similar to confirm you were not at work on that day?

I do have this
Title: Re: NEWHAM
Post by: Incandescent on January 28, 2024, 11:50:43 pm
It's an informal challenge so there is no 56 day limit for the council to respond; this limit is for formal reps against an NtO, the next stage.
Title: Re: NEWHAM
Post by: cp8759 on January 28, 2024, 11:04:24 pm
@Slim07 do you have a receipt for the clothes?

And a work rota or similar to confirm you were not at work on that day?
Title: Re: NEWHAM
Post by: Enceladus on January 28, 2024, 11:00:33 pm
Please stop referring to "my disabled badge". It is categorically not your badge. It is your son's Blue Badge.

You're a long way from needing representation at the independent adjudicators.

The PCN was served on the 13th Jan 2024. So the deadline to submit informal representations is Friday the 9th of Feb.

I suggest that submit informal representations (challenge) against the PCN well before the deadline.

Explain that your son was present in the vehicle at all relevant times. Enclose or attach a copy of both sides of the BB. Make it clear that you parked on a single yellow line at 14:30 and correctly displayed the Blue Badge and the clock, as evidenced by the CEO's photos.

Therefore the alleged contravention did not occur. By virtue of the Blue Badge you were entitled to a 3 hour exemption from the waiting restriction indicated by the single yellow line. A PCN was served at 15:51pm which is only 1 hour and 21 minutes into the exemption.

You can only assume that the CEO made a mistake. You look forward to the Council's written confirmation that the PCN has been cancelled.

Keep it simple and to the point, short as possible. Use your name and address. Mention your son's address if it is different from yours.

Th Council will have to respond within 56 days. However if they send a Notice to Owner then it has to be responded to. The NTO will go to the van's Registered Keeper as held by the DVLA on the 13th Jan. This is likely to be DPD or a finance company, so keep track of that if it happens. And report back.
Title: Re: NEWHAM
Post by: H C Andersen on January 28, 2024, 09:17:25 pm
Whose name is on the V5C, you or whoever is the leasing company?
Title: Re: NEWHAM
Post by: Slim07 on January 28, 2024, 08:13:42 pm
@cp875

Can you represent me
Title: Re: NEWHAM
Post by: Slim07 on January 28, 2024, 05:08:15 pm
@cp875

how come you get to use a work vehicle while not at work?

I lease the van from dpd . I have a franchise with them.  i get to take the vechile home. this is my mode of transport, going to shopping so on and so forth


Where were you taking your son to?

I was talking my son to but clothes from Westfield for a wedding.


Is this information ok, let me know
Title: Re: NEWHAM
Post by: cp8759 on January 28, 2024, 04:55:29 pm
OK that makes a lot more sense.

Please can you give us a bit more background as to the circumstances: how come you get to use a work vehicle while not at work? Where were you taking your son to?
Title: Re: NEWHAM
Post by: Slim07 on January 28, 2024, 04:51:48 pm
@cp8759

Hi,

There has been a lot of confusion in regards to this post.

I am going to clear this.

Newham, Ive parked on a single yellow line with my disabled badge showing the time of arrival. In the pictures you can see.
I received it on 15:51. I was well in time, Please help me with this. the is O10. Oxford Street E15 Stratford. Next to Westfield.

I was parked on a single yellow line, i believe i was in the 3hr window slot.

The BB belong to my 14 year old son, he was with me. He is a minor.  I was not at work on this day, this is my mode of transport.

can you help with the representation.
I would be grateful.

Please find the pictures above

Title: Re: NEWHAM
Post by: H C Andersen on January 27, 2024, 11:31:05 am
+1, also who is the registered keeper.

ive never got a penalty before..

So it's worthwhile looking at the process.

You may submit representations to the authority as to why a penalty is not payable. If these are rejected then a Notice to Owner would be sent to the registered keeper and from this point on you, as driver, have no direct involvement or liability, this is the registered keeper's.

So, who is the registered keeper? If not you but perhaps an employer then employment contract 'dynamics' come into play.

You've missed the 14-day window for paying the discount, but it could be re-offered if your reps are unsuccessful.

On the face of it you had a BB displayed with a clock set at 2.30. The PCN was issued within the 3-hour window which on the face of it is improper.

But it was issued, and presumably for a reason..probably linked with cp's questions above.
Title: Re: NEWHAM
Post by: cp8759 on January 27, 2024, 09:28:46 am
@Slim07 if the blue badge was being used legitimately, this will be easy to deal with.

However the council is bound to ask how a blue badge holder is working as a delivery driver for DPD, running around London jumping in and out of a van and carrying parcels, up and down stairs etc if they have a physical disability. So it's best if you spell out exactly what was going on here so we can draft a comprehensive representation for you.
Title: Re: NEWHAM
Post by: Enceladus on January 27, 2024, 12:55:54 am
Whose Blue Badge is this?
Title: Re: NEWHAM
Post by: Slim07 on January 26, 2024, 09:50:55 pm
Can you help with this representation
Title: Re: NEWHAM
Post by: Incandescent on January 25, 2024, 10:44:49 pm
Looks like you're here, on the yellow line.
https://maps.app.goo.gl/xsoJSfRGa9ktR3gW6

The PCN location is in CPZ 'S'
https://lbnewham.maps.arcgis.com/apps/webappviewer/index.html?id=6c213298647e4283a537266c72c1d086

However, BB holders can park on single-yellow lines for a fixed period, so I'm puzzled why the PCN was issued. Submit representations stating you are puzzled at receiving the PCN because you were well within the time allowed for BB holders on a yellow line.
Title: Re: NEWHAM
Post by: Slim07 on January 25, 2024, 09:37:28 pm
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Title: NEWHAM
Post by: Slim07 on January 25, 2024, 09:21:45 pm
Newham, Ive parked on a single yellow line with my disabled badge showing the time of arrival. In the pictures you can see.
I received it on 15:51. I was well in time, Please help me with this. the is O10. Oxford Street E15 Stratford. Next to Westfield.

I was parked on a single yellow line, i believe i was in the 3hr window slot. ive never got a penalty before. I believe that it was given wrong because it is a van. Please give  me some suggestions,

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