Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Felics on March 23, 2024, 12:55:36 pm
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Well, well, a cancellation from informal reps! The Earth may start to wobble on its axis !!
A hearty well done. We don't see this very often, so I suggest you partake of a small(ish) libation to celebrate.
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Good news! See below.
Many thanks cp8759 and everyone else
(https://i.imgur.com/N60wZYd.png)
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Here are:
The Newham (Waiting and Loading Restriction) Order 2011 (https://drive.google.com/file/d/1du2wO7YzH6Yc1k_oPKpvln9chxwTIIJo/view)
The Newham (Waiting and Loading Restriction) (Amendment No. 20) Order 2012 (https://drive.google.com/file/d/1zt9vbM-DQgKJMYwlXtBpOrv7QPITqPkU/view)
The Newham (Waiting and Loading Restriction) (Amendment No. 26) Order 2013 (https://drive.google.com/file/d/1CumK4T3zKuxR_6PTQpJYcZhHu5rs0fiX/view)
The Newham (Waiting and Loading Restriction) (Amendment No. 141) Order 2018 (https://drive.google.com/file/d/16YqxCo5sdEECyBCP-n_nscTkx9XS4tZa/view)
The Newham (Waiting and Loading Restriction) (Amendment No. 164) Order 2021 (https://drive.google.com/file/d/1jMJ8n7HrQIFrd4fqC9JNn25gRsTpoHz1/view)
If the representations are rejected I'll go through these properly to check if the allegation is sustainable.
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I have requested the traffic order, let's see what turns up.
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The number plate is Bc19Eyv. The PCN is PN38233087
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@Felics please give us the PCN number and the number plate, there's another angle worth looking at but I cannot do so without this information.
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Many thanks
I have appealed informally today.
Lets see what it brings.
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Great thanks
I have drafted the below - does it sufficiently cover the main points?
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RE: PCN XX
I wish to contest the above Penalty Charge Notice based on the grounds that I was unloading continuously during the entire time that I had been parked.
I had recently sold an item (a heavy and bulky children's desk) and was required to drop this off to the buyer.
I arrived at the location and, due to the lack of parking, had to set my vehicle at end of road approximately 30 doors away from the buyers location.
The CEO observed the vehicle from 19:50-19:52 which is an insufficient timeframe to unload the goods and return to my vehicle.
I am requesting that the PCN be cancelled as unloading/loading is a statutory exemption under the Parking Contraventions (England) General Regulations. Loading and unloading is permitted on single and double yellow lines for a maximum of 40 minutes. Loading or unloading is generally defined as being the movement of goods to or from the vehicle, the checking of said goods and the completion of any necessary paperwork.
As evidence, I attach the details of the sale including photos of the item in question. (**This will be an ebay invoice showing the sale and some pictures of the item**).
Regards
It's unnecessarily long.
What is the reference to '40 minutes'? Did you take that long and have you checked the traffic order to confirm that? (no you didn't)
Leave it out because it just invites the kind of rejection Incandescent referred to.
Reference to the observation time being inadequate = good
Also the receipt, etc. is good.
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That looks OK.
This is the first stage called an informal challenge that most London councils refuse and send a Fob-Off letter. They do this because they know from experience, (since 1991 !!!), that the vast majority of people then just cough-up, so they game the system to maximise the cash flow. So don't be put off by a refusal at this stage. The next stage is they issue a Notice to Owner to the name and address on the V5 for the car. Is this you ? Where lease or hire cars are involved it can get messy, so let us know please.
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Great thanks
I have drafted the below - does it sufficiently cover the main points?
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RE: PCN XX
I wish to contest the above Penalty Charge Notice based on the grounds that I was unloading continuously during the entire time that I had been parked.
I had recently sold an item (a heavy and bulky children's desk) and was required to drop this off to the buyer.
I arrived at the location and, due to the lack of parking, had to set my vehicle at end of road approximately 30 doors away from the buyers location.
The CEO observed the vehicle from 19:50-19:52 which is an insufficient timeframe to unload the goods and return to my vehicle.
I am requesting that the PCN be cancelled as unloading/loading is a statutory exemption under the Parking Contraventions (England) General Regulations. Loading and unloading is permitted on single and double yellow lines for a maximum of 40 minutes. Loading or unloading is generally defined as being the movement of goods to or from the vehicle, the checking of said goods and the completion of any necessary paperwork.
As evidence, I attach the details of the sale including photos of the item in question. (**This will be an ebay invoice showing the sale and some pictures of the item**).
Regards
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With something like that, (heavy and bulky), you have good grounds to claim the loading exemption. Needless to say, you will need to enclose photos of the item and state it's weight as part of your representations. This assumes you didn't stop for a cup of tea and a chat after delivering. The loading activity must take "as long as necessary".
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Newbury Council ? I went to school in Newbury and it's quite a way from London !
I only stopped for a few minutes to drop off an item.
Please tell us what you droppped off, (weight & bulk too)
Oops - "Newham" - I have updated the subject.
I was dropping off a kids table to someone who had purchased it on a marketplace. Its about a metre or so tall/wide and 10kgs-15kgs.
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Both sides of the PCN pl.
Single or double yellows both give rise to the same contravention because when in effect they're the same restriction i.e. no waiting. DYLs just happen to be 24/7.
Sorry added the other side of the PCN
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Newbury Council ? I went to school in Newbury and it's quite a way from London !
I only stopped for a few minutes to drop off an item.
Please tell us what you droppped off, (weight & bulk too)
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Both sides of the PCN pl.
Single or double yellows both give rise to the same contravention because when in effect they're the same restriction i.e. no waiting. DYLs just happen to be 24/7.
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Hi all ,
See attached parking contravention.
I am fault here as I only stopped for a few minutes to drop off an item.
I am trying to find some impropriety on the ticket but cannot seem to spot anything. Aside from "parking in a restricted street" as opposed to parking on double yellows.
Any ideas from anyone?
(https://i.imgur.com/rNMPG0Y.jpeg)
(https://i.imgur.com/kPzPNpq.jpeg)
(https://i.imgur.com/JqBpqBE.jpeg)
(https://i.imgur.com/gp7fMEt.jpeg)