Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: fox10 on April 27, 2024, 04:09:22 pm
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Thanks for all the advice and feedback, in the end we paid the discounted charge.
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I would suggest the signage is inadequate. There is a timeplate here https://maps.app.goo.gl/ES8P5bZKES4eVpfV8 but it is well established that you cannot contravene a section 36 sign that cannot be seen. From where you stopped https://maps.app.goo.gl/6JRoh6ZRwY1QyH6K6 I don't think you could have possibly seen the timeplate.
That's assuming they provide any adequate evidence of a timeplate in the first place.
Lastly there's always the possibility of asking the adjudicator to recommend a cancellation under regulation 7(8) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/576/regulation/7), which is successful 66% of the time because the council either accepts the recommendation or doesn't respond within 35 days.
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Hi,
Any advice on this please or should I pay as the 14 day period is closing.
Thanks
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Yes, fob off reply. Do I have any other realistic option but to pay?
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Hi,
Please see below including direct zoomable links:
https://postimg.cc/4YC2RTFr
https://postimg.cc/rzrSXtXw
thanks
(https://i.postimg.cc/y8xM91hY/Whats-App-Image-2024-06-05-at-23-33-29.jpg)
(https://i.postimg.cc/y6fnRFLc/Whats-App-Image-2024-06-05-at-23-33-29-1.jpg)
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Sorry, but it needs to be zoomable; the print on the photos is too small to read. I presume it's the usual Fob-Off letter ?
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Good evening,
Please see below their reply. Kindly advise. Thanks
(https://iili.io/JpYHEQV.md.jpg)
(https://iili.io/JpYH1hQ.md.jpg)
(https://iili.io/JpYH0Tx.md.jpg)
(https://iili.io/JpYHMCB.md.jpg)
(https://iili.io/JpYHVEP.md.jpg)
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Will do, thanks
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Looks OK to me, well written and not confrontational at all. Please post-up their response when you get it.
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Here is the draft:
Dear ,
I am writing to appeal the Parking Charge Notice (PCN) issued to my Father, on 18th april 2024, for stopping at a restricted bus stop or stand. I kindly request your understanding and discretion in this matter.
On the day in question, my mother stopped briefly at the restricted area to allow my father, to alight from the vehicle. Unfortunately, the designated nearby disabled bays were fully occupied, necessitating a temporary stop at the bus stop area. I would like to emphasise that my father holds a valid disabled badge, a copy of which is attached for your reference.
Furthermore, my father is currently awaiting knee replacement surgery for both knees due to severe mobility issues. He relies on the aid of a walking stick or companion for mobility. The urgency of his condition and the difficulties he faces in movement further justify the brief stop at the bus stop area.
In light of these circumstances, I respectfully request the cancellation of the Parking Charge Notice. I assure you that this incident was a result of necessity and consideration for my father's well-being rather than a disregard for parking regulations.
Please do not hesitate to contact me if any further information or clarification is required regarding this representaion.
Thank you for your attention to this matter.
Sincerely,
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Please post a draft on here, and also their response when received.
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Thank you for your reply, yes the disabled bays were occupied at the time and Dad walks mostly with a walking stick at the moment and is waiting for a knee operation for both legs. I will raise a reps on this basis.
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Ironic, isn't it, that there are three disabled spaces, just before the bus stop !
https://maps.app.goo.gl/ZwgZAKrEmmb4apAg8
Their video shows you parked well inside the bus stop area. Were all the disabled spaces occupied ? If they were, I suggest sending in reps on a "humble" basis, explaining why you stopped there, with all the disabled bays occupied you really had no other choice in view of your father's serious mobility issues. Did you have to unload a wheelchair or anything. Reason to ask is this would confirm the mobility issue. You might care to tell us what this issue is, because the video shows him alighting your car without help.
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Good afternoon,
My Mum received the attached PCN for dropping my Dad for his specsavers appointment, they have a disabled badge but they did not park. My Dad has serious mobility issues so asked me to be dropped as close as possible to the opticians. They did not know about the high level camera.
(https://iili.io/JUMtR0Q.md.jpg)
(https://iili.io/JUMtne9.md.jpg)
(https://iili.io/JUMtfg2.md.jpg)
(https://iili.io/JUMtBJS.md.jpg)
Street view:
https://maps.app.goo.gl/Yz8k4CWgvYRmDTGm8
Can we appeal against this?
Thanks in advance for any advice.