Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sruli on February 04, 2024, 04:57:46 pm

Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: cp8759 on February 26, 2024, 09:58:15 pm
@sruli I'm not sure if you've made representations but you're almost out of time. If you've not challenged yet, send this:

Dear London Borough of Haringey,

I challenge liability for PCN ZN11022819 because nobody prevented the CEO from serving the PCN at the roadside, in such circumstances service of a postal PCN is a procedural impropriety.

It follows that the PCN must be cancelled.

Yours faithfully,

Send this via https://haringey.tarantoportal.com/ and keep a screenshot of the confirmation page.
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: H C Andersen on February 14, 2024, 08:27:35 pm
I told him I am loading. I was loading 4 big bags of shopping.
There was no one with me.

Is this all the adjudicator would see when the CEO's notes are presented at adjudication?

If your response is totally comprehensive, true and supported by the notes then you should win.

We don't see 'prevented' PCNs often and IMO they put owners on the back foot because implicit in their use is an on-site issue between the driver and CEO and IMO adjudicators would look askance at this.
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: sruli on February 14, 2024, 06:06:10 pm
Quote from: cp8759 on February 07, 2024, 12:06:36 am
Did you speak to the civil enforcement officer at all?

Also, what were you unloading, and was there anyone else with you?

Hi
I told him I am loading. I was loading 4 big bags of shopping.
There was no one with me.

Thanks in advance
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: cp8759 on February 07, 2024, 12:06:36 am
Did you speak to the civil enforcement officer at all?

Also, what were you unloading, and was there anyone else with you?
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: Incandescent on February 05, 2024, 10:20:27 pm
I am sure the reason for issuing the postal PCN is wrong.  Surely it should state that a PCN was in course of preparation, but the vehicle drove off before it could be served. At no time, according to the OP's narrative, was any action taken against the CEO.
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: sruli on February 05, 2024, 06:05:01 pm
Hi

The only thing I received is the attached PCN by post.
I am uploading it again as a image.

[attachment deleted by admin]
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: cp8759 on February 04, 2024, 10:35:17 pm
@sruli please post the PCN, do not attach it, see the guidance here (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) on how to post properly.

Also were you loading on your own or was someone helping you?
Title: Re: Haringey / 62(s) / Parked with one or more wheels...
Post by: Incandescent on February 04, 2024, 07:26:34 pm
YOu would seem not to have attached the actual PCN, which we need to see, all sides of it, so please do so. From what you say, it is a Reg 10 PCN, served by post because you drove away thinking you'd get away with it. Not so, unfortunately, since the Traffic Management Act 2004 came into force.

The double-yellows also have double kerb-blips indicating No Loading 24x7, so you may struggle with this one
Title: Haringey / 62(s) / Parked with one or more wheels...
Post by: sruli on February 04, 2024, 04:57:46 pm
Hi

I received the attached ticket today.
I was parking on the entrance of the driveway for loading. Happens to be I was parked a bit outside, and when the officer came I realized and drove away. He mentioned to get one very unclear pic.
Any base to appeal this PCN?
Thank you all in advance.

https://maps.app.goo.gl/WRGWcsrGj6QmfZhm6
It is the driveway with the green closed gate (was open obviously).

[attachment deleted by admin]