Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Tetley31 on September 20, 2024, 05:21:41 pm
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The issue is that as said the adjudicator can't use discretion.
But the council may think better and not contest it but it's a gamble.
Do you live there?
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Hi, not likely to win then? are those roly poly cars suppose to stop? i thought they were?
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THANKS i posted the full rejection letter on the images in the above post
https://imgur.com/a/Lly8A1S
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Pl post the full Notice of Rejection.
IMO, unless there's a procedural impropriety arising from the NOR you're relying on discretion which an adjudicator cannot exercise. IMO, your argument is not a statutory defence.
Your latest post confirms that the driver was seated inside the car which was stationary on a Bus Stop clearway which prohibited stopping other than in very, very limited circumstances which, I must say, you cannot prove but only assert.
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I think I'd go on with it but the video doesn't show you by the car so you'd need to explain it's when you viewed the video that the event sequence became clear.
See what others say - I think the aim is to put the council off contesting it at the tribunal.
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hiya, i know i couldnt believe it, i literally pulled in for 1-2 minutes and i saw the guy drive by, i thought i was standing by my door when he drove by, but i must have sat back inside at that point. I literally pulled off as he drove by. He must have seen me sitting there, as i saw him, and i think in the video at 0.10s you can see there is someone in the drivers side. So i didnt leave the car, as they suggest, i was just trying to avoid an accident. Can i write to them again, and explain this? or do i have to appeal to someone else?
This is what i originally emailed, which you can see they rejected
APPEAL AGAINST PENALTY CHARGE NOTICE-- NO. PT21576556
The Charge
Contravention 47J Stopped on a bus stop
Circumstances
My vehicle made a 1 minute emergency stop at this location on the 13th September 2024. I would like to mention that I was present at the vehicle when the officer drove by, he did not stop to check i was ok which i do believe he should have as he must have seen i was heavily pregnant.
I am 8 months pregnant, and was experiencing very low blood sugar and had pulled in for 2 minutes to not cause an accident, this should be present in the video as i was standing by the car about to drink some coke to bring my blood sugars up as the officier drove by. I tried to stop in an area that would not cause any issues, there was no bus, and i was there for little more than 1 minute, i did this for the safety of myself and other drivers.
I would ask that the Council take this into account and use its discretion to cancel this PCN.
When considering this letter I trust the Council will have regard to my medical condition and its statutory obligation under the Equality Act 2010 to take my current condition into account when considering the circumstances of this case.
Should the Council withhold their discretion I would like to have a copy of the video from the camera car.
Yours charis selfridge poor
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Your aren't having the best of luck...
This is one of the Wales drive-by PCNs they are fond of.
The rejection seems unfair and I'm not sure they'd contest it especially if they've invented something - what was your challenge?
Maps view - seems you were in bus stop and the pic they included is an example, not intended to be yours.
https://www.google.com/maps/@51.4803214,-3.6991076,3a,75y,337.37h,97.23t/data=!3m6!1e1!3m4!1svgEcLOrNzEP9tznFKLly3g!2e0!7i16384!8i8192?coh=205409&entry=ttu&g_ep=EgoyMDI0MDkxNi4wIKXMDSoASAFQAw%3D%3D
(https://i.imgur.com/u7IGRFf.gif)
(https://i.imgur.com/xlVJOCt.jpeg)
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Hiya, im heavily pregnant and ive been getting low blood sugar and i was driving and felt very unwell. so i pulled in for 1 minute to get a coke to bring my blood sugars up. i made sure i wasnt parked where it was unsafe or in anyones way. the video if look at it at 0.10 you can see me in the drivers side. I saw the officer drive by and i wasnt sure if it was when i was standing by the door or when i was sitting inside, but it was obviously when i was sitting inside. the council have said i left the vehicle which i didnt, and i was only parked there momentarily to not cause an accident. what do i do now? also the car in the rejection letter is black and isnt mine, does this matter? see the pcn and the rejection
https://imgur.com/a/Lly8A1S