Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Bacardiiii on September 10, 2023, 03:24:48 pm
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For future reference, here is The Nottinghamshire County Council (Mansfield District Consolidation) (Static Restrictions and Prohibitions) Traffic Regulation Order 2022 (https://drive.google.com/uc?id=1XtcqGb2T_OK5Fah5u1o4F5H-ZGColrFb).
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Just to update everybody. I returned from holiday to a letter saying my penalty charge had been cancelled.
Thank you all for your help
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just add the sentence i have added in red then that is fine, you have to keep hitting them with the reason or they will not move away from the BB
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I Parked on Queen Street to take some items to the charity shop John Eastwood Hospice. I enclose a note from the manager as proof I was there delivering donations.
I hold a blue badge and would be allowed to park there for up to 3 hrs. However I didn’t need to display my badge as I was unloading and as I understand, it is an exemption from the restriction (particularly for me because carrying anything more than a small distance is a challenge). I had been out the night before and had forgot my badge and time clock were in the windscreen.
My intentions were good. It was only my oversight which let me down, because I made the mistake of not removing my badge which was still displaying the time of 6pm from the night before. As I returned I saw CEO who explained why he had placed the ticket on my car, this was only a minute or so after he had issued the ticket.
The blue badge was not a requirement in this instance as the loading/unloading exemption is extant at the time of contravention
I hope I’ve set the record straight, and you don’t penalise me and accept I was delivering (for a good cause) and cancel the PCN
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I Parked on Queen Street to take some items to the charity shop John Eastwood Hospice. I enclose a note from the manager as proof I was there delivering donations.
I hold a blue badge and would be allowed to park there for up to 3 hrs. However I didn’t need to display my badge as I was unloading and as I understand, it is an exemption from the restriction (particularly for me because carrying anything more than a small distance is a challenge). I had been out the night before and had forgot my badge and time clock were in the windscreen.
My intentions were good. It was only my oversight which let me down, because I made the mistake of not removing my badge which was still displaying the time of 6pm from the night before. As I returned I saw CEO who explained why he had placed the ticket on my car, this was only a minute or so after he had issued the ticket.
I hope I’ve set the record straight, and you don’t penalise me and accept I was delivering (for a good cause) and cancel the PCN
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Post a draft on here first.
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don't mention the sandwich at all. You must not tell lies but don't have to incriminate yourself
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The charity shop note states the date and time and I was in their shop at then drooping off a bag of donations. There also wasn’t a observation period, clearly because he thought I had overstayed my time.
Thanks for your reply’s
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+1. You inadvertently sent us and the CEO off in the wrong direction.
They issued a PCN because of what they knew i.e. a car parked on DYL with a BB displayed alongside a clock set at a time which, if correct, meant that the 3-hour exemption had lapsed = parked in a restricted street and a PCN.
You, and now us but not the council -yet, know that you were delivering items to the charity shop. Delivering is an exemption if criteria are satisfied, the main two being:
Was it necessary to transport the load in a vehicle, and
Was the vehicle where it was parked for no longer than necessary.
If you present to the council exactly what you've posted here then they would be justified in rejecting your claim to the delivering exemption because what immediately preceded the issuing of the PCN and what you were doing during the CEO's period of observation appears to be related to the sandwich shop, not the act of delivering.
Your story therefore needs to be rejigged IMO.
I parked because I was delivering items to *****, and here's my proof*;
I hold a BB and although I didn't need to display this because as I understood it delivering is an exemption from the restriction(particularly for me because carrying anything for more than a few feet is a challenge) I did display it because if a CEO appeared then I might not be at the car and as they wouldn't be able to see an exempt activity taking place they might issue a PCN and then I'd need to write to you explaining that I was delivering.
The plan was good, it was only the execution which let me down because I made a hash of things by simply opening my clock which was showing 6pm from the day before when it was last used.
Then the CEO arrived.
I hope that I've set the record straight, that you will accept that I was delivering and cancel the PCN.
Don't use this word-for-word but I suggest you include the relevant parts i.e. the reason you were parked; what you were doing; your belts and braces approach to conveying that you were authorised to park there; your mistake etc.
*- is the charity shop's note or whatever dated and timed? I hope it's the former only.
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So forget about the BB other than to explain it was there from the night before and claim the loading exemption include a copy of the letter from the charity shop with your challenge
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(https://i.imgur.com/YssMxQg.jpeg)
(https://i.imgur.com/srxQY6K.jpeg)
(https://i.imgur.com/ralDikt.jpeg)
Please see the images from the council. I have been to the charity shop who have confirmed i was there at this time and have written me a note saying I visited shop on 9.9.2023 at 12.33 to drop off a donation bag. Signed by the manager of the Hospice
I was also accompanied with my girlfriend on this visit (if that makes a difference).
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How do I get the council photos, as I’ve looked on NCC website and all I find is about paying or appealing the charge
Most council puts the photos online but some don't, including apparently Nottinghamshire County Council. You'll have to phone or email them and ask them to email the photos to you.
Timing is very important, if at the time stated on the PCN you were engaged in unloading then the contravention did not occur (and the fact that a contravention might have occurred later on is irrelevant). What were you unloading, and could you get a statement from the charity shop? If you have any supporting evidence of what you were unloading that would help (for instance does the charity shop have CCTV?)
I have also requested the traffic order.
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Thank you for the replies, I get that I wasn’t unloading when I went for the sandwich.
The clock was still showing 6 from the night before. How do I get the council photos, as I’ve looked on NCC website and all I find is about paying or appealing the charge
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Two parts to this. The first you were engaged in unloading to the charity shop With a BB it is likely a car would be necessary whatever the weight or size, so no BB needed unloading is an exemption. The second part is the going for a sandwich that is not unloading so BB is needed, we need to see all the council photos
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To be clear, and this should be confirmed when you post the authority's pictures, was your clock displayed and was a time visible, if so what was that time?
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I took some stuff to the charity shop and parked on the double yellow line outside In design. I forgot to set the time clock on my blue badge, I did place it in my windscreen. After I had been to the charity shop, I popped round the corner to get a sandwich, I came back and saw the CEO putting the ticket on my car, he said you’ve forgot to set your clock, it says you’ve got three hours so tuff this was at 12.36. Three minutes after he observed my car (he didn’t apply an observation time just straight ticketed it).
Whilst I appreciate that it was my mistake and I should of set my clock, i feel it’s rather harsh just to ticket it without an observation period. Is it worth me appealing this or should I just put this down to my mistake, to slightly complicate things I’m going to be away from Friday.
(https://i.imgur.com/IvExoLE.jpeg)
(https://i.imgur.com/dxnOY5A.jpeg)
https://goo.gl/maps/FvkfCsL1VpJerQGK8