Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Lauragle on October 15, 2024, 02:36:12 pm
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I have looked at the Tribunal case for this specific case you have quoted 2240406329 I cannot seem to find it.
I will be grateful if you could please confirm teh case reference number
The number is correct.
Here's another.
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2240372023
At this scheduled personal hearing the Appellant attended in person but the Enforcement Authority did not attend and were not represented.
A contravention can occur if a vehicle is parked, waiting, loading or unloading in restricted street when a waiting, loading/unloading restriction is in force.
There appears to be no dispute that the vehicle was at this location, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.
The Appellant’s case is that is that he is a licenced private hire vehicle driver and was setting down a disabled passenger at the Premier Inn Hotel and had to assist him to the premises. The Appellant adds that when he returned, he explained this to the civil enforcement officer, who does not record this.
Picking up and setting down of passengers is permitted at this location. It should normally take no longer than two minutes but slightly longer must be allowed in the case of the elderly, disabled or very young, who may have to be escorted to nearby premises.
I have had the opportunity of hearing the Appellant personally and accept what he tells me.
Considering all the evidence before me carefully I find as a fact that, at the material time, picking up/setting down within the meaning of the exemption was taking place and thus a contravention did not occur.
Accordingly, this appeal must be allowed.
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You can export a PDF as as an image file from a PDF reader, use a website that does conversion, or upload to a host that accepts pdfs - eg imgbb.com
This is a case yesterday but there are lots of these as we know.
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2240406329
Mr Julian xxxxx has attended the hearing today as the authorised representative of his wife, Jaqueline xxxxx.
The CEO's images show Mrs xxxxx's car stopped on the single yellow line during the controlled hours. Mrs xxxxx appeals because she says that her husband was stopped to pick up their young child from xxxxx School in East End Road. The PCN was issued at 3.32pm. There was no observation period by the CEO before the PCN was issued and Mr xxxxx says that he was away from the car for around 5 minutes. He says that he saw the CEO on returning to the car and explained what he had been doing. Mr xxxxx tells me that his child is eight years old and must be collected from within the School premises.
I am satisfied from the evidence that Mr xxxxx was picking up his child from school and that the picking up exemption therefore applies. The exemption allows a motorist to leave a vehicle where a passenger needs to be escorted or assisted as is clearly the case with young children.
I have looked at the Tribunal case for this specific case you have quoted 2240406329 I cannot seem to find it.
I will be grateful if you could please confirm teh case reference number
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Real life stuff...
The parking places are continuous, virtually for the whole length of the road.
Where are the dropped footways to facilitate crossing from odd to even numbered sides of the road? IMO the speed humps don't count and why would traffic calming be needed anyway???
As far as I can see the dropped footways are at either end far beyond numbers 19 and 30.
Or does EP play chicken with traffic at 90 years of age?
Rhetorical but pointed as regards how long a person would take to walk from A to B.
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Boston Road E6
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Name of road please.
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Is it worth getting the elderly person to write something ?
I've already suggested you do that?
Don't rush this. You have until 31st as I explained.
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this is real life stuff, elderly people who are nearly 90 cannot always be rushed.
Exactly, so IMO don't dance on the head of a pin about matters, tell them as they occurred and let the adjudicator decide should it get that far.
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thank you for all your comments
It is more that the elderly person needed to go to the loo before coming out, and then couldn't find her handbag, this is real life stuff, elderly people who are nearly 90 cannot always be rushed. The walk is not to far number 30 to number 19.
I'm not sure it was definitely 10 mins all I know is I went in to get her and when I came out I had a ticket. Is it worth getting the elderly person to write something ?
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Name of road; parked o/s no. ????; 'elderly person' lives at no. 30, which is on same side/opposite and ??? m from where parked but which was the closest available at the time; regular activity, therefore pre-arranged; finding parking place is lottery and therefore some events take 3-4 minutes if EP is ready or 9-10 if not; whether EP is ready is not known to the driver when they park.
Can we have more facts pl.
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You can export a PDF as as an image file from a PDF reader, use a website that does conversion, or upload to a host that accepts pdfs - eg imgbb.com
This is a case yesterday but there are lots of these as we know.
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2240406329
Mr Julian xxxxx has attended the hearing today as the authorised representative of his wife, Jaqueline xxxxx.
The CEO's images show Mrs xxxxx's car stopped on the single yellow line during the controlled hours. Mrs xxxxx appeals because she says that her husband was stopped to pick up their young child from xxxxx School in East End Road. The PCN was issued at 3.32pm. There was no observation period by the CEO before the PCN was issued and Mr xxxxx says that he was away from the car for around 5 minutes. He says that he saw the CEO on returning to the car and explained what he had been doing. Mr xxxxx tells me that his child is eight years old and must be collected from within the School premises.
I am satisfied from the evidence that Mr xxxxx was picking up his child from school and that the picking up exemption therefore applies. The exemption allows a motorist to leave a vehicle where a passenger needs to be escorted or assisted as is clearly the case with young children.
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I've seen the initial rejection but have no idea how to display it as it is in PDF ?
Adjust the PDF screen view so that it displays a whole page
TILT. ???
Not sure what "Tilt" means in this context, but what I meant was to maximise the window /zoom out until you can see the whole page.
Well I've done that -- sort of/I think/maybe -----
but can't now see any option to save, let alone in a different format.
I've been pretty much lost on everything since the upgrade to Windows 11.
It really doesn't say anything anyway, other than what I've already said.
So it all rests on what she said in initial challenge and if she takes the advice not to repeat anything incriminating.
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I've seen the initial rejection but have no idea how to display it as it is in PDF ?
Adjust the PDF screen view so that it displays a whole page
TILT. ???
Not sure what "Tilt" means in this context, but what I meant was to maximise the window /zoom out until you can see the whole page.
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I've seen the initial rejection but have no idea how to display it as it is in PDF ?
Adjust the PDF screen view so that it displays a whole page
TILT. ???
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Yes wrong pics - have changed.
With 5 mins observation I would have a go but concerned the initial challenge mentions a delay but this could be safely not mentioned in favour of necessary time taken to accommodate needs, distance?
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10 mins is too long for assisted boarding unless you can make the case it was as long as necessary.
We need to see the PCN, rejection and challenge - if you can take pics of them email them to me at marcb@csi.com and I'll post, removing any personal details.
The wrong PCN images Stamf?
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I've seen the initial rejection but have no idea how to display it as it is in PDF ?
Adjust the PDF screen view so that it displays a whole page
Press CTRL+PrtScn
Open Paint
Paste into Paint
Save as... a .jpg
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I've seen the initial rejection but have no idea how to display it as it is in PDF ?
It doesn't say anything; just a standard Newham rejection that says they have considered all comments.
OP does not have a copy of original challenge but does think she mentioned there was a delay when she arrived. (she is a bit prone to being overly honest imo)
But this is the first I've heard of it being 10 minutes!!
Obs were recorded as 5 mins on the pcn.
The passenger is elderly and needed assistance to walk to the car.
Perhaps Laura can tell us what distance that was?
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10 mins is too long for assisted boarding unless you can make the case it was as long as necessary.
We need to see the PCN, rejection and challenge - if you can take pics of them email them to me at marcb@csi.com and I'll post, removing any personal details.
(https://i.imgur.com/lGVpwXW.png)
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What is:
- PCN number
- Car VRM (numberplate)
PN39411158
WP18 GYF
NtO was dated 2nd October.
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What is:
- PCN number
- Car VRM (numberplate)
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the council
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Who is the notice from? The council or a private company?
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sorry I'm not able to upload it despite all the instructions I'm just not technical enough I have also tried to copy and paste the image but that hasn't worked either.
it says
12- parked in a residents or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge
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I have tried to upload a picture of it but I cant see to manage it
Have you read this? It includes a guide to adding images.
Please read this: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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I have tried to upload a picture of it but I cant see to manage it
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As we are not sure whether this is a parking on private land or parking on land under statutory control, such as a council (Newham?) we need to see the Notice to Keeper (NtK) received.
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It is not a private road it is owned by Newham, I parked as close to the persons house as possible, I'm hoping I can appeal on assisted boarding, She does not have a blue badge although I am trying to help her apply for one. It is difficult to keep the context brief and I don't know if I should . This is real life, she lives on her own, has no family in the UK and I try and help her. But picking up an elderly person is not always straight forward .
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Please read this: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Once you have figured out from that thread the information we need and posted pictures of the Notice to Keeper (NtK) you received, we can then provide the necessary advice.
In the meantime, please answer the following... was the person you picked up at the location, a resident (tenant or owner) at that location? Did you park in a random residents parking spot or was it the parking spot of the person you were picking up, irrespective of whether they own a vehicle or not?
Do you or the person you picked up have a blue badge or a recognised protected characteristic under the Equality Act?
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To help us help you, please read the following thread carefully, and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
The guide includes advice on using a third party site to add images.
Your use of the phrase "Contravention 12" makes me wonder if this is a council ticket rather than a private parking charge. If so, tell us and I will move this to the council forum.
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the driver recently parked in a residents parking to pick up an elderly lady who cant walk well, the driver has appealed on these grounds but the PCN has been upheld. The PCN is from Newham Council. they put a note in the car window, and because the lady was not completely ready was about 10 minutes in the house. Should they continue appealing? should I get the elderly person to write something, like what? does anyone know about assisted boarding?