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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: opshelper on December 09, 2024, 10:25:09 pm

Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on January 11, 2025, 02:56:45 pm
OP, I'm still fact finding..

The photos show your car with its nearside on the footway. I presume you turned in from The Broadway, so did you stop within the first few metres? I ask because you have a potential procedural defence (which was not advanced in your reps) based upon the council's power to issue the postal PCN. But I don't want to put together a sequence of events which might unravel at adjudication.

You said that a group of CEOs turned into the road, implicitly from The Broadway.

I was about to take off a group of CEO came into the street taking a picture of my car.

But if they did then at least one of them went past your car because the photos are taken from the front of your car and you've not suggested that you turned in, turned round and then parked facing The Broadway.

Please give more details regarding where you were parked, from which road did you enter and whether a photo could have been taken of the front of your car by a CEO who had just turned in to the road without going past your car.

I turned in from the Broadway and while trying to find a spot to stop, then U-turned just behind where this this link opens: https://maps.app.goo.gl/HzXiZJzTbtVTbGMw7
Yes the CEO's did not go past my car, they took it from the front of the car as they entered the street.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on January 11, 2025, 02:48:18 pm
@opshelper well the rejection is a pile of drivel and they can't really escape the fact that the time alleged on the PCN is wrong. I'd be happy to represent you at the tribunal so I'll send you a PM about that.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: H C Andersen on January 11, 2025, 02:34:52 pm
OP, I'm still fact finding..

The photos show your car with its nearside on the footway. I presume you turned in from The Broadway, so did you stop within the first few metres? I ask because you have a potential procedural defence (which was not advanced in your reps) based upon the council's power to issue the postal PCN. But I don't want to put together a sequence of events which might unravel at adjudication.

You said that a group of CEOs turned into the road, implicitly from The Broadway.

I was about to take off a group of CEO came into the street taking a picture of my car.

But if they did then at least one of them went past your car because the photos are taken from the front of your car and you've not suggested that you turned in, turned round and then parked facing The Broadway.

Please give more details regarding where you were parked, from which road did you enter and whether a photo could have been taken of the front of your car by a CEO who had just turned in to the road without going past your car.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on January 11, 2025, 01:50:10 pm
Unfortunately they rejected my appeal. Can you advise me further.


Image attached below
(https://i.imgur.com/jlhNrR4.jpeg)

(https://i.imgur.com/ryhkAN7.jpeg)

(https://i.imgur.com/K1t4teB.jpeg)
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 13, 2024, 11:25:03 pm
Thanks, do I need to put anything about the letter received saying: "... observed the vehicle identified above from 29/11/2024 21:54:42 to 21:54:42" but the pictures are both from 21:53.

I had left by 21:54:42.
I've added a paragraph to the draft above to cover this point, it looks pretty open and shut now.
Thanks appreciate it!
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 13, 2024, 11:19:40 pm
Thanks, do I need to put anything about the letter received saying: "... observed the vehicle identified above from 29/11/2024 21:54:42 to 21:54:42" but the pictures are both from 21:53.

I had left by 21:54:42.
I've added a paragraph to the draft above to cover this point, it looks pretty open and shut now.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 13, 2024, 11:09:14 pm
Thanks, do I need to put anything about the letter received saying: "... observed the vehicle identified above from 29/11/2024 21:54:42 to 21:54:42" but the pictures are both from 21:53.

I had left by 21:54:42.

Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 13, 2024, 10:49:12 pm
@opshelper here you go:

Dear London Borough of Ealing,

I challenge liability on the ground that the alleged contravention did not occur. My car was only stopped for a few seconds and the CEO's own photos show that the lights were on and the engine was running. The legislation prohibits parking, section 15 of the Greater London Council (General Powers) Act 1974 does not create a stopping prohibition, this is not a red route. Stopping for an amount of time that is purely nominal does not amount to a contravention.

In any event I claim the exemption under section 15(3)(b) of the 1974 Act which provides an exemption for parking "for the purpose of saving life or extinguishing a fire or meeting any other emergency". The reason I stopped very briefly is because my wife, who is newly pregnant, was feeling unwell, so I stopped in order to check on her and allow her to get some air. In the event we were only stopped for a matter of seconds and as I drove off I notice a CEO take a photo, in the circumstances there is no contravention and the PCN must be cancelled.

I attach the maternity certificate for your records.

Lastly the two photos taken by the CEO are timed at 9:53 pm and the PCN alleges a contravention at 9:54:42, but at 9:54:42 I had already driven away so my car could not have been parked on the pavement at the time, instead it was moving along the carriageway further down the road. It follows that the contravention alleged could not have occurred in any event.

Yours faithfully,


Don't forget to take a screenshot of the confirmation page.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: H C Andersen on December 13, 2024, 09:51:33 pm
IMO, your first procedural point is that the penalty exceeded the amount applicable in the circumstances of the case.

The authority assert that the PCN could be served by virtue of the CEO having observed the vehicle for no more than 1 minute during which time they had observed the prospective contravention, assessed the circumstances, reasoned that a penalty was due and begun to prepare a PCN for service .

On the basis of the council's evidence, I challenge that the CEO had begun to prepare a PCN, as opposed to merely carrying out simple preliminary activities, and therefore no lawful basis exists for the regulation 10 PCN and consequently the penalty exceeded the amount applicable.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 13, 2024, 08:35:55 pm
What were the timings on both photos?

Did you drive away when the horde of CEOs was still there?

Both pictures say: 21:53, yes I was starting to move off when the group was there.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: H C Andersen on December 13, 2024, 08:08:51 pm
What were the timings on both photos?

Did you drive away when the horde of CEOs was still there?
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 13, 2024, 07:49:26 pm
OK and do you have any medical paperwork you can send to the council to support your representation? Doctors letters, midwife appointments or anything like that?

Yes I have the maternity certificate, and I am sure I can find some appointment letters.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 13, 2024, 06:58:41 pm
OK and do you have any medical paperwork you can send to the council to support your representation? Doctors letters, midwife appointments or anything like that?
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 13, 2024, 06:31:22 pm
Thanks, She was feeling shortness of breath and nausea.
Is there a diagnosed condition that might have caused this? Does she have any medical paperwrok?

No, just pregnancy.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 13, 2024, 06:29:00 pm
Thanks, She was feeling shortness of breath and nausea.
Is there a diagnosed condition that might have caused this? Does she have any medical paperwrok?
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 11, 2024, 11:48:40 pm
Should I put anything specific in the appeal
Well yes, if you give us the information I'll write a representation for you. Start by telling us what the symptoms were.

Also it's not an appeal at this stage, it's just a representation.

Thanks, She was feeling shortness of breath and nausea.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 11, 2024, 11:25:06 pm
Should I put anything specific in the appeal
Well yes, if you give us the information I'll write a representation for you. Start by telling us what the symptoms were.

Also it's not an appeal at this stage, it's just a representation.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 11, 2024, 11:23:53 pm
It was due to the pregnant wife feeling sick
Congrats, when is she due? Some medical evidence to confirm she is pregnant could make this a reasonably strong challenge.
Thanks, due in July, so a maternity certificate copy could work?

Should I put anything specific in the appeal
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 11, 2024, 11:14:58 pm
It was due to the pregnant wife feeling sick
Congrats, when is she due? Some medical evidence to confirm she is pregnant could make this a reasonably strong challenge.
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 11, 2024, 11:12:18 pm
@opshelper well yes: firstly parking is not stopping, so you can argue you were stationary for an amount of time that was purely nominal. Stopping on a pavement is not a contravention, only parking is.

Secondly there is an exemption under 15(3)(b) of the Greater London Council (General Powers) Act 1974 "for the purpose of saving life or extinguishing a fire or meeting any other emergency", but you bear the burden of proving that there was an emergency.  What caused your family member to feel unwell and what symptoms did they have?

It was due to the pregnant wife feeling sick
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 11, 2024, 11:09:57 pm
@opshelper well yes: firstly parking is not stopping, so you can argue you were stationary for an amount of time that was purely nominal. Stopping on a pavement is not a contravention, only parking is.

Secondly there is an exemption under 15(3)(b) of the Greater London Council (General Powers) Act 1974 "for the purpose of saving life or extinguishing a fire or meeting any other emergency", but you bear the burden of proving that there was an emergency.  What caused your family member to feel unwell and what symptoms did they have?
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 11, 2024, 09:27:15 pm
@cp8759 Do you think I have any leg to stand on?
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: Incandescent on December 10, 2024, 12:15:33 am
I was there for probably about 2 minutes, and about 30-40 seconds once I saw him.
I was trying to work out what as happening initially as there were a group of 10x of them coming all together.
A new team of CEOs under training perhaps ? So the instructor showed them how to whallop a drive-away.

It has been an offence to park off-carriageway in London since the 70s and no signs or lines are needed to convey the restriction. A nice little earner for London councils !
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 09, 2024, 11:33:12 pm
I was there for probably about 2 minutes, and about 30-40 seconds once I saw him.
I was trying to work out what as happening initially as there were a group of 10x of them coming all together.

@cp8759
Title: Re: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: cp8759 on December 09, 2024, 11:24:08 pm
@opshelper how long were you stationary for? and how long were you stationary between the CEO first appearing and you driving off?
Title: Ealing, CODE 62, Parked with one or more wheels on or over footpath, Dane Road
Post by: opshelper on December 09, 2024, 10:25:09 pm
I had stopped for a brief minute as a family member was feeling sick, so I pulled into the side street to give them so air.
The car was on and as I was about to take off a group of CEO came into the street taking a picture of my car.
No ticket was placed on the vehicle as I was driving off.

Do I have any grounds for appeal?

Offence Code 62: Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway

Status: NTO/Enf. Notice Sent

Location: https://maps.app.goo.gl/HzXiZJzTbtVTbGMw7

PCN Images:

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

Vehicle images:

(https://i.imgur.com/66KcpBz.png)

@cp8759