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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: dk007 on July 07, 2023, 09:39:22 pm

Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: Incandescent on October 05, 2023, 12:46:45 pm
DNC'ed.
Wow, I didn't expect that for this case.
Well done, OP !
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on October 05, 2023, 11:55:46 am
DNC'ed.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on September 09, 2023, 09:31:27 am
Thanks, I will respond to that.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on September 09, 2023, 12:12:46 am
I'll drop you a PM.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on September 05, 2023, 10:46:51 pm
Hi, Thanks for the reply. Please do represent, do we any other reason to appeal as well like based on traffic order etc?
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on September 05, 2023, 12:19:53 am
I cannot guarantee the outcome, but I would carry on as it seems they have dismissed your representations without spelling out a proper reason (did they not believe you? Did they think you simply took too long? the rejection just doesn't say).

Do you want to appeal, and if so would you like me to represent you at the tribunal?
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on September 01, 2023, 10:00:40 pm
Hi, They have rejected my representation, attached is the letter of rejection, Please could you advise next steps.

thanks

[attachment deleted by admin]
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on August 15, 2023, 09:39:37 pm
Slight revision:

Dear London Borough of Hillingdon,

The alleged contravention did not occur, because my car was only stopped temporarily and I was entitled to the exemption for assisted alighting. I was visiting the Ruislip Lido for the first time with my wife, my elderly and disabled parents and my 4 year old son. My elderly and disabled parents became unwell near to the Lido Reservoir centre,  so I stopped my car on that road for few minutes so I could help them move out of the car into the Lido centre where they could sit. I left them with my wife and child so she could take care of them while I could go and park the car in the car park at the end of the road. To my surprise, my car was not there when I returned back and it was towed away from that location. 

As we had to accompany two elderly adults and a 4 year old child, it was reasonably necessary for my wife and myself to leave the car for this purpose.

I did not have any plans to park the vehicle on the road and the intention had always been to park it in the Hillingdon council car park as we had recently moved into Hillingdon area and received our Hillingdon first card and parking in the car park was free for us, but it would not have been possible for my parents to walk the additional distance.

I attach a map showing the route taken to accompany my passengers before returning to move the car.

In light of the above the alleged contravention did not occur, so I invite you to cancel the PCN.

Yours faithfully,
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on August 13, 2023, 10:54:21 am
Hi, any thoughts on draft representation?
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on August 10, 2023, 12:32:35 am
I was planning to park the car in the car park at the end of the same road.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on August 10, 2023, 12:06:19 am
The map is helpful, what did you plan on doing with the car once you dropped your parents off and returned to the vehicle?
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: guest179 on August 09, 2023, 09:26:56 am

You can put forward your argument based in assisted alighting but as things stand I don't think you'll succeed on this point but you might squeeze a procedural impropriety out of them.

The sheer distance and time away from the car would IMO act against you, and bear in mind that the council know the minimum time you were away i.e. from when the CEO's observations commenced to when your car was removed...but we don't.

This is not about whether we believe 'your car was kept there only temporarily', the council have the exact times.

Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on August 08, 2023, 08:10:19 pm
Hi, Please find the route drawn in black, we followed from Reservoir road (in front of the Lido gate)

[attachment deleted by admin]
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on August 02, 2023, 11:33:41 pm
OK so assisted boarding / alighting is an exemption, and it's reasonable for two adults to accompany 2 elderly / disabled persons plus an infant.

Can you sketch a map showing the exact route you took once you all got out of the car? Preferably on google maps or similar.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on August 02, 2023, 09:06:38 pm
Hi, Please find the representations below:

------------

We did not have any plans to park the vehicle on that road and we were going to park it in the Hillingdon council car park as we had recently moved into Hillingdon area and received our Hillingdon first card and parking was free for us. I was visiting the centre for the first time with my wife, my elderly and disabled parents and my 4 year old son. My elderly and disabled parents became sick near to the Lido Reservoir centre,  so I had to put my car on that road for few minutes so I could help them move out of the car inside the centre at a place where they can sit. I left them with my wife and child so she can take care of them while I could go and park the car in the Hillingdon car park. To my surprise, my car was not there when I reached back and it was towed away from that location.  I can assure you that the car was kept there only temporarily and also there were no parking restriction signs around the centre to warn me of any restrictions. I request you to kindly cancel the PCN.

------------
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on July 29, 2023, 08:15:19 pm
Council photos:

(https://i.imgur.com/prM9abq.jpg)

(https://i.imgur.com/DoEUJzZ.jpg)

(https://i.imgur.com/gNG1hjP.jpg)

(https://i.imgur.com/Zq27lfr.jpg)

The traffic order is The Hillingdon (Waiting & Loading Restrictions) Order 2023 (https://drive.google.com/file/d/12iaCsLv-HnXxm6iZXOWpxcB5mqPUTyTD/view?usp=sharing) and the relevant entry is item 168 on page 551.

GSV: https://goo.gl/maps/VCFBTwUL9LbYL1zb8

Please post up a copy of what you sent in the informal representations.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on July 29, 2023, 08:15:13 am
Hello Experts, I was wondering if anyone had a chance to look at it yet?
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on July 27, 2023, 01:40:34 pm
Also attached are the pcn details, this was on pepipoo website earlier, moved to this website now.

[attachment deleted by admin]
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on July 27, 2023, 01:37:57 pm
Hi, I have now received Notice to Owner, attaching a copy for your reference. Please could you advise me of next course of action. Thanks

[attachment deleted by admin]
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on July 10, 2023, 11:02:50 am
Many thanks, I will wait for notice to owner to arrive and post it here when it arrives.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on July 08, 2023, 10:49:35 pm
I think it would be best if you posted your representations on here, but that's up to you.

What I can advise is the rejection is essentially drivel and it's also littered with procedural improprieties, so I would definitely carry on and wait for the Notice to Owner.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: cp8759 on July 07, 2023, 10:09:31 pm
You need to post a copy of your representations.
Title: Re: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on July 07, 2023, 09:40:25 pm
Rejection letter attached here.

[attachment deleted by admin]
Title: Hillingdon, 01- Parked in a restricted sheet, Reservoir Road, PCN near Lido Ruislip Reservoir Road
Post by: dk007 on July 07, 2023, 09:39:22 pm
Hello Experts,

I had received a PCN, link attached below:

http://forums.pepipoo.com/index.php?showtopic=150086&hl=

I made a representation but it has been rejected, letter attached below, please could you advise of next course of action.

Thanks