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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: gtech on June 06, 2024, 08:49:58 pm

Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 13, 2024, 01:25:40 pm
and the NTO:

(https://i.imgur.com/4b3yOkZ.jpg)
(https://i.imgur.com/GwSo562.jpg)
(https://i.imgur.com/yHutBwW.jpg)
(https://i.imgur.com/N5jxb9Q.jpg)
(https://i.imgur.com/wTuwONK.jpg)
(https://i.imgur.com/gYvEwmf.jpg)
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 13, 2024, 01:21:11 pm
here is the rejection of the appeal

(https://i.imgur.com/TmCp9XD.jpg)
(https://i.imgur.com/3WGgmSV.jpg)
(https://i.imgur.com/L3brQBv.jpg)
(https://i.imgur.com/EpTFOqH.jpg)
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on July 12, 2024, 09:27:18 pm
@gtech in response to your PM you have not made any appeal, you have nothing to appeal yet.

You have made an informal representation, but have received a notice to owner. You must now make a formal representation.

In the first instance please upload all sides of all pages of the notice to owner.

The council is not required to respond to your informal representation, so you cannot just sit back and wait. The notice to owner must be challenged with a formal representation.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 10, 2024, 04:15:27 pm
(https://i.imgur.com/wDCe7nu.jpeg)
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 08, 2024, 03:47:56 pm
@cp8759 thank you so much for this. i really appreciate your time. ill update this thread asap.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on July 06, 2024, 04:20:58 pm
Here you go:

Dear Essex County Council,

I would ask that the penalty charge be cancelled for the following reasons. On the day in question I was taking my six year old daughter to Broomfield Hospital for an appointment in the audiology department. When [name redacted] was three years old, a nursery teacher first raised concerns around her hearing, this was just before we had covid. Following the pandemic we managed to get her into the system and what followed was a large number of hospital visits for extensive tests and checks, including blood tests. [name redacted] was found to have moderate hearing loss in the hearing of high frequency sounds. There was also concern that further loss may occur, and she is subject to ongoing monitoring.

On the day of the alleged contravention we had been asked to come into the hospital for an appointment with some specialists, to discuss next steps and what options might be available to identify the cause of the loss of hearing.

Being a law abiding citizen I decided to park a few streets away instead of clogging up the overflowing hospital car park.

As I am sure you will appreciate [name redacted]'s medical condition has taken a toll on us as a family. The restriction is only in force for one hour a day so I take it the policy objective is to stop commuters from parking all day, we are not commuters and we were only parked for a short time during this medical appointment. I attach the medical records confirming [name redacted]'s history as well as her appointment letter for 6 June 2024; I trust that in light of this mitigation and owing to the trivial nature of the infraction, you will agree to waive the penalty on this occasion.

Yours faithfully,


Attach both the letter from June 2024, and all the other correspondence from 2023 that you sent me.

If there's a limit on the number of attachments, use https://png2pdf.com/ to turn them into PDF files and then https://www.ilovepdf.com/merge_pdf to stitch them all into one document. Do not try and do this from a phone, you need a computer.

If there's a limit on the number of characters you can put in the representation, put the representation itself into a PDF document and in the text box on the website just write "please see attached representation". Whatever you do, do not trim the text down.

Also make sure to take a screenshot of the confirmation page.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 06, 2024, 02:19:53 pm
Hello, just noticed that these letters are from 2023 also

I'll pm link to the 6th June letter

Thank you
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on July 06, 2024, 12:48:39 pm
@gtech the PCN alleges a contravention on 6 June but the medical evidence says you attended the clinic on 8 June??

It might just be a typo on the letter, in which case can you please get the audiology department to issue something confirming the date you attended the clinic was 6 June? Or do you have the original appointment letter?
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on July 03, 2024, 12:55:12 pm
hello.

ive managed to send some direct links.
Can you please send me the PCN as well by the same method?

I now have absolutely no idea when your PCN was issued.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 02, 2024, 08:40:30 pm
hello.

ive managed to send some direct links.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on July 01, 2024, 11:03:14 pm
How very weird, I'll wait for you to post a link to a shared folder, at least then we have everything in one place.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 01, 2024, 11:10:13 am
I haven't deleted anything? And I can't send you photos. I will make a folder this eve
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on July 01, 2024, 11:08:47 am
This is strange. I haven't deleted anything. I can't pm you photos
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 30, 2024, 06:54:25 pm
@gtech I receive PMs from people all the time, no idea why it wouldn't work for you?

The bigger problem we have is all your images have vanished for some reason, did you delete them? The default setting on imgur is that images are permanent (that's why we use it), so this seems very odd.

It might be best if you just make a folder on Google drive or dropbox, I can't draft something if all the statutory documents are missing.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 30, 2024, 02:08:06 pm
OK so now we have some concrete evidence, we just need to build the narrative of events (which has to come from you, we just don't have the information).

So, how old is the child, when were concerns first raised, what was the suspected condition, what was the worst case scenario?

I'm not saying we need to write a sob story, but we need to provide a credible account. This is especially important for mitigating circumstances because only the council has a power to cancel a PCN based on mitigating circumstances, the tribunal has no powers in that regard, so the representation needs to be compelling.

I have tried to message you, but it won't let me send it? i have found, and copied some correspondence on imgur, but i wonder if the message is too big to send.

The child is 6 now. suspicion was actually first raised by a nursery teacher when she was around 3, who  had noted that her hearing may be impaired. This was just before we had covid, then after which we managed to get her into the system. There were many visits to the hospital for extensive tests and checks, including blood tests. She was found to have moderate hearing loss, in the hearing of high frequency sounds. There was also concern that further loss may occur, and they were monitoring it, and still do.

a hearing aid was suggested for trial, and the trial still continues. On the day of the pcn, we had been asked to come in as a family for an appointment with some specialists, to discuss next steps, and what else we can to find out the cause of the loss of hearing.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 26, 2024, 10:42:47 pm
OK so now we have some concrete evidence, we just need to build the narrative of events (which has to come from you, we just don't have the information).

So, how old is the child, when were concerns first raised, what was the suspected condition, what was the worst case scenario?

I'm not saying we need to write a sob story, but we need to provide a credible account. This is especially important for mitigating circumstances because only the council has a power to cancel a PCN based on mitigating circumstances, the tribunal has no powers in that regard, so the representation needs to be compelling.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 26, 2024, 02:18:51 pm
(https://i.imgur.com/58Pf9fe.jpg)
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 26, 2024, 02:09:16 pm
I've read it john.

Having a nightmare chasing the medical records and just been informed they're working on a backlog, and currently at April so it will be weeks before I receive it
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: John U.K. on June 24, 2024, 08:30:11 am
The upload folder is full?
Tried via attachments and other options and also via imgur
[/i]

Have you read this?

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/

If you are still stuck post the links to your Imgur pages here.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 24, 2024, 07:58:41 am
The upload folder is full?
Tried via attachments and other options and also via imgur
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 23, 2024, 10:06:14 am
@gtech as John says the image above has vanished?
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: John U.K. on June 22, 2024, 08:29:51 pm
The image in Reply#19 is no longer available!
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 22, 2024, 08:06:36 pm
these arent the only appointments. ill be on the phone first thing monday to try to get records etc.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 22, 2024, 08:03:51 pm
@cp8759

(https://i.imgur.com/CsyMLXI.jpg)
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 22, 2024, 12:55:55 pm
@HCanderson the car park costs a few pounds which I have no problem with. But yes, if i can not pay, and stay away from car parks like this, I usually try to. So maybe you're right.

Like I said, I did check the sign, Directly opposite me, not knowing that the next one down was different. Mine and my gf dvla up to date.
 She wasthe registered keeper at the time and I was driving
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 22, 2024, 12:23:09 pm
@gtech so where are the screenshots of these text messages you mention?
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: H C Andersen on June 22, 2024, 11:07:56 am
From your account:
overflowing hospital car park.
it was for my childs hearing test

(how old is your child and would it have been practical for you to have left her and returned to your car?)

From GSV the road in question seems to be the closest which isn't festooned with dropped kerbs and DYL.

It also turns out that you misunderstood the traffic sign, but this doesn't alter the underlying facts as you've presented them. *

All grist to the mill.

*- whether 'clogging up the overflowing car park is a euphemism for didn't want to pay' I don't know, but it's your account you're not compelled to use the car park.

Also, who is the registered keeper and are their DVLA details current?
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 22, 2024, 09:29:42 am
@cp8759 sorry, I am trying. Got app verification  from GP, not possible to get records on app as appointments were outpatient. ENT isn't open at weekend so will have to call 1st thing Monday.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 16, 2024, 09:40:00 pm
thanks for your reply. unfortunately my girlfriends hasnt kept any correspondence from this. she only has a few sms on her phone, which obviously isn't enough.  :'(
@gtech nonsense, let's see these text messages and in the meantime make a request for a copy of the child's medical records, the NHS will have copies of all the correspondence.

If the child has an account on the NHS app I believe there is now functionality to get copies of all the letters from there.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 15, 2024, 01:43:52 pm
thanks for your reply. unfortunately my girlfriends hasnt kept any correspondence from this. she only has a few sms on her phone, which obviously isn't enough.  :'(
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 15, 2024, 01:29:34 pm
@cp8759 it's fine, thank you. It's a test to determine wether she is losing her hearing...
OK so that's some pretty compelling mitigation, so you need to write a narrative giving the background: when did you first become aware of the problem, what medical investigations have taken place to date, what the outcome of the visit was, you'll also want medical evidence such as appointment letters etc. You'll also want to state the emotional impact all of this must be having on your and her (it can't be easy).

If we put all this together properly you may well be able to get a discretionary cancellation (with a non-London authority this is actually a possibility).

It's entirely up to you whether you want to post all the details / paperwork on here or whether you want to PM me, but the representation does need to go into the details of what's been happening.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 14, 2024, 08:57:26 pm
@cp8759 it's fine, thank you. It's a test to determine wether she is losing her hearing...
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 14, 2024, 07:34:33 pm
@gtech OK was it a routine appointment, or was there an underlying medical condition or other reason for this hearing test?

You can message me privately if you'd rather not share details on here.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 14, 2024, 12:55:01 pm
@cp8759 it was for my childs hearing test.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 13, 2024, 10:02:35 pm
Well the council photos are not very good, as they don't show where the signs are with respect to the car:

(https://i.imgur.com/NlkE4gM.jpeg)

(https://i.imgur.com/p0IeJic.jpeg)

(https://i.imgur.com/YjwpLs8.jpeg)

(https://i.imgur.com/R7611Cq.jpeg)

However in the first instance it would be useful to know what the nature of the hospital appointment was, as that might amount to significant mitigation.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 13, 2024, 05:33:58 pm
@cp8759
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 13, 2024, 11:03:44 am
XP16884523
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 13, 2024, 11:02:33 am
Ve19 gwy
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: cp8759 on June 12, 2024, 11:32:40 pm
@gtech please give us the PCN number and number plate.
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 09, 2024, 07:35:21 pm
incandescent.. isn't it true that pcns have to include an option to view evidence of the offence?
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 09, 2024, 06:21:23 pm
thanks.. can't believe i got done so easily. never mid, onwards and upwards !
Title: Re: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: Incandescent on June 06, 2024, 11:22:03 pm
Unfortunately each side of a road/street is always considered separately for parking restrictions. 
So the PCN was served here, I presume: -
https://maps.app.goo.gl/NJtPnJmSnzghfS787
Sign on the left Mon-Fri 2-3pm, sign on the right Mon-Fri 10-11am

I can't see any argument against the PCN, but there may be something I haven't spotted, so wait a bit until others have contributed. Our normal advice is to submit representations anyway, as sometimes councils will give way, or, (more common) make a fundamental error in their handling of the response.
Title: CODE 01 south essex parking partnership/ mandeville way, broomfield.
Post by: gtech on June 06, 2024, 08:49:58 pm
Went to the hospital today with family, and being the laws biding responsible citizen i am, parked a few streets away instead of clogging up the overflowing hospital car park.

single yellow, checked signs, great. parked, and came back to a ticket. also noticed multiple tickets given out surrounding me. I can't understand my mistake? im parked directly opposite a sign, 2-3pm. As i was driving off, i asked one of the locals out cutting his grass. Whats up here? i asked, as i noticed an identical sign further down the road, outside his house, 10-11am...

You're not the first to fall into this trap he said. This side, 10-11am, the other side, 2-3pm. All the way down the street. Couldn't believe it!!

looks like im bang to rights but i not very happy about it. Would like your opinions please.

(https://i.imgur.com/qT8yDCh.jpeg)

https://maps.app.goo.gl/7o1Zb5gSx852jswy8