Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SMPL on November 27, 2024, 12:30:33 pm

Title: Re: TFL / 46 - Parked with one or more wheels on or over a footpath / Contravention location Stamford Hill (Hackney)
Post by: cp8759 on December 01, 2024, 03:24:08 pm

@SMPL you can make a very simple representation stating that the vehicle was stopped for the purpose of unloading goods. This is likely to be rejected but the deadline to preserve the discount is on Thursday 5 December, and we won't have time to develop any more detailed arguments before then.

In parallel to that, please call TFL on 0343 222 3333 first thing tomorrow and ask for the video, they will send you a DVD in the post.

Title: Re: TFL / 46 - Parked with one or more wheels on or over a footpath / Contravention location Stamford Hill (Hackney)
Post by: H C Andersen on November 27, 2024, 03:14:04 pm

The drivere ecieved the attached PCN for parking on the pavement while unloading and delivering goods to a nearby restuarant.

OP, this process is person-specific. The registered keeper or hirer receives a postal PCN, as here, not the driver who, as such, has no part in proceedings.

So, to whom is the PCN addressed, the registered keeper or the hirer?

As regards the substance of matters, the recipient only has the possibility of the following as a defence:

[A contravention does not occur if the vehicle was parked]:
(d)for the purpose of loading or unloading goods [F6for a period not exceeding 20 minutes or such longer period as the council may permit], and—

(i)the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and

(ii)the vehicle was not left unattended at any time while it was so parked.

Over to you for clarification pl.

Title: TFL / 46 - Parked with one or more wheels on or over a footpath / Contravention location Stamford Hill (Hackney)
Post by: SMPL on November 27, 2024, 12:30:33 pm

Hi

The drivere ecieved the attached PCN for parking on the pavement while unloading and delivering goods to a nearby restuarant.
Is there any base to appeal this PCN?

Thank you very much in advance

Link for PCN and picturers:
https://drive.google.com/drive/folders/1Z_wSWEsTKXQgHBOr7LHA9p-taw5z07Xl?usp=sharing

Link for google street view:
https://maps.app.goo.gl/jtnL5NKPkerJ1zwx5 (on the right side).

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