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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: cesur on June 15, 2024, 11:18:32 pm

Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on November 23, 2024, 02:07:48 pm
To update the forum, the Council has cancelled this PCN + another (issued on the same road, double yellow line).
I've updated https://photos.app.goo.gl/K7Mm2cYg6GR6n5K46 with the council letter for reference.

Thanks for your support!
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: stamfordman on October 08, 2024, 10:00:01 pm
I would repeat your informal challenge and preface with:

I invite you to reconsider my initial challenge in that, contrary to your assertion of contravening parking regulations, assisted alighting of a vulnerable person (in this case our young child) is an exemption to the no waiting restriction, as you should well know.

To recap:

....

There are plenty of tribunal cases on this should it come to it.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: Hippocrates on October 08, 2024, 08:31:42 pm
@cesur. I think cp is best placed to do this one if he agrees?
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on October 08, 2024, 07:46:48 pm
NTO arrived and dated 07/10/2024. https://photos.app.goo.gl/K7Mm2cYg6GR6n5K46

Can I learn the advice at this point, please?
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: Hippocrates on September 17, 2024, 09:00:10 pm

I am now waiting for NTO, am I right?

Right.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: stamfordman on September 17, 2024, 07:17:11 pm
A nonsense rejection - assisted alighting is an exemption and they have to deal with it on that basis (whether it qualifies or not).
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on September 17, 2024, 04:45:30 pm
PCN Appeal rejected.
Attached is the rejection letter to https://photos.app.goo.gl/K7Mm2cYg6GR6n5K46

I am now waiting for NTO, am I right?
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 19, 2024, 12:06:50 pm
I've dealt with a number of Bexley PCNs over the past day and I've not had any problems either. Please give us the PCN number and number plate and I'll have a look.

Thank you for the offer, though I have now received a confirmation of receipt in response to my appeal via email.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 19, 2024, 12:05:49 pm
Cesur, try using a different browser

Tried in Chrome and Edge.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: Fowler1981 on June 19, 2024, 10:58:42 am
Cesur, try using a different browser
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cp8759 on June 19, 2024, 12:56:29 am
I've dealt with a number of Bexley PCNs over the past day and I've not had any problems either. Please give us the PCN number and number plate and I'll have a look.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 18, 2024, 09:49:42 am
Thanks. Portal appeal information page doesn't open, keeps redirecting. Once this is sorted I will appeal. Sent an email to council  about the issue.
@cesur try https://pcn.bexley.gov.uk/TicketDetails.aspx
The issue is after logging in with PCN details when I click the "Appeal Information" button, the browser keeps refreshing infinitely and nothing is displayed.
I contacted the council about the issue, and strangely the lady suggested no one complained about it in the last 2-3 days.
I am provided an email address to send an email and they put a note to the PCN to suggest my issue.
Email address: enquiries.bexley@bexleyparking.co.uk
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cp8759 on June 18, 2024, 01:05:15 am
Thanks. Portal appeal information page doesn't open, keeps redirecting. Once this is sorted I will appeal. Sent an email to council  about the issue.
@cesur try https://pcn.bexley.gov.uk/TicketDetails.aspx
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 17, 2024, 12:53:33 pm
@cesur here is a draft informal representation:

Dear London Borough of Bexley,

I challenge liability on the ground that the alleged contravention did not occur. At the time in question my wife was dropping off our seven year old daughter to school, therefore the vehicle was not parked but was momentarily stopped so allow assisted alighting of a vulnerable road user.

As soon as our daughter was safely handed over to the school, my wife returned to the car and departed without delay.

As the restriction in question is a waiting restriction and not a stopping restriction, no contravention occurred and the PCN must be cancelled.

Yours faithfully,


Send this via the council website and keep a screenshot of the confirmation page. The council will likely send you a fob-off rejection, but as long as you stick it out to the tribunal I don't see how you could lose, especially given the complete lack of any observation time.

Thanks. Portal appeal information page doesn't open, keeps redirecting. Once this is sorted I will appeal. Sent an email to council  about the issue.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: Incandescent on June 17, 2024, 12:33:44 am
OK, so you now need to submit an informal challenge to the PCN: -

-------------------------------------------------------------------------------------------------------------------
Dear <council name> parking department

Re PCN <PCN Number> dated <date of PCN> - Parked in a restricted street during prescribed hours

The alleged contravention did not occur, because I parked in order to escort my 7 year old (son/daughter), to his/her school opposite where I parked.

I therefore request that the PCN be cancelled.

Yours faithfully

------------------------------------------------------------------------------------------------------------------
There is no need for any detailed description, because this is an informal challenge, so you will inevitable receive their usual Fob-Off letter. Post their response when you receive it. Others may suggest different reps on the same lines.


cp8759's draft is better, so use his.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cp8759 on June 17, 2024, 12:25:36 am
@cesur here is a draft informal representation:

Dear London Borough of Bexley,

I challenge liability on the ground that the alleged contravention did not occur. At the time in question my wife was dropping off our seven year old daughter to school, therefore the vehicle was not parked but was momentarily stopped so allow assisted alighting of a vulnerable road user.

As soon as our daughter was safely handed over to the school, my wife returned to the car and departed without delay.

As the restriction in question is a waiting restriction and not a stopping restriction, no contravention occurred and the PCN must be cancelled.

Yours faithfully,


Send this via the council website and keep a screenshot of the confirmation page. The council will likely send you a fob-off rejection, but as long as you stick it out to the tribunal I don't see how you could lose, especially given the complete lack of any observation time.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 17, 2024, 12:04:06 am
She parked temporarily to drop off child to the school across the road and returned to move the car in 5 minutes.
OK, fine, but what age is the child ?  This looks like an "assisted boarding" case where you have to accompany a child to the school, but it must be necessary. Do you have to make sure your child is received by somebody at the school ?
Other thing is - why park on the double-yellows when there seems a lot of unrestricted street near the school ?
https://maps.app.goo.gl/fRDptVUemhwckGen7

All of this is to make sure your representations are bulletproof, if it gets to adjudication at London Tribunals.

Yes, we need to make sure the child is received by the school.
Yes, all unrestricted areas are full of parent cars. The wife probably feared daughter could be late to school if she parked further away on an unrestricted street.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 16, 2024, 11:59:51 pm
@cesur as it's a primary school on the other side of the road the likelihood is that the age of the child is low enough to qualify for assisted alighting, but please confirm the child's age and we'll draft something for you.

Hi, the child is 7 years old.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cp8759 on June 16, 2024, 10:03:22 pm
@cesur as it's a primary school on the other side of the road the likelihood is that the age of the child is low enough to qualify for assisted alighting, but please confirm the child's age and we'll draft something for you.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: Incandescent on June 16, 2024, 10:11:02 am
She parked temporarily to drop off child to the school across the road and returned to move the car in 5 minutes.
OK, fine, but what age is the child ?  This looks like an "assisted boarding" case where you have to accompany a child to the school, but it must be necessary. Do you have to make sure your child is received by somebody at the school ?
Other thing is - why park on the double-yellows when there seems a lot of unrestricted street near the school ?
https://maps.app.goo.gl/fRDptVUemhwckGen7

All of this is to make sure your representations are bulletproof, if it gets to adjudication at London Tribunals.


Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 16, 2024, 07:41:57 am
She parked temporarily to drop off child to the school across the road and returned to move the car in 5 minutes.
Title: Re: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: Incandescent on June 16, 2024, 01:16:09 am
Quote
during a school run for less than 5 minutes.
Please give us a full narrative on what this involved. Boarding/alighting passengers is an exemption to the DYLs.
Title: PCN at double yellow line on Iris Avenue in Bexleyheath
Post by: cesur on June 15, 2024, 11:18:32 pm
Hello all,
My wife parked our car on double yellow lines during a school run for less than 5 minutes. We received a PCN on the windscreen.  I wanted to hear thoughts about how to fight against this PCN first.

PCN and evidence: https://photos.app.goo.gl/K7Mm2cYg6GR6n5K46

Location: https://maps.app.goo.gl/ge8kStL7mp1w4j5j8