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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bertie21980 on October 23, 2023, 02:48:15 am

Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: Hippocrates on November 28, 2023, 07:38:36 am
parking.permits@hackney.gov.uk

This is their address.  FOIR is not the right route.
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: bertie21980 on November 28, 2023, 03:25:01 am
ok I will do that. I'm guessing that emailing them to info@hackney.gov.uk enquiring will be good. I will keep you updated

Quote
Dear Sir or Madam,
I recently got a reply to my appeal for a PCN stating that my appeal was approved. Not because of the evidence that I produced but due to a technicality. Could you please give more information of this so called technicality or to please pass on the relevant contact details so I can take this enquiry further?
Regards,
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: cp8759 on November 26, 2023, 02:11:56 pm
Personally email them and ask what the technicality was.
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: bertie21980 on November 26, 2023, 02:43:59 am
(https://i.ibb.co/gwSvM4R/calvert-avenue-appeal-hackney-reply-letter.png)
letter (https://ibb.co/bLsHgbK)


Thanks for your help guys. I finally got a reply back from Hackney Council telling me the ticket ahs been cancelled. They actually emailed to me 3 days ago but I only just checked recently. The reason for cancelled the ticket does confuses me as I thought I had a good reason for them to actually cancel the ticket? Nevertheless, it is the outcome I expected
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: bertie21980 on October 31, 2023, 02:42:02 am
Here you go:

Dear London Borough of Hackney,

I am challenging the PCN on the grounds that I was engaged in the exempt activity of loading and unloading in a residential bay.

I am a delivery driver for ***** and I deliver regularly within the London area. These range from street-based retail outlets to corporate clients with penthouse offices and security arrangements. On the day in question, I was parked in Calvert Avenue delivering food boxes to a customer that resides on Cleeve House in Calvert Avenue.

I have attached documents showing evidence of the company I work for, the time of my delivery and the times that I was located in the area. Its unfortunate that the officer didn't observe me and I didn't have a permit badge displayed, but the rules do state that unloading my vehicle with goods can take place in parking bays.

Hopefully, with that in mind and with the documents attached, you will see it's necessary to cancel the ticket.

Should you not be so minded, I draw your attention to the fact that the CEO acknowledged me, walked away and  made no attempt to produce a ticket while I was stationary in my vehicle, it therefore does not appear that the CEO had started to prepare the PCN before I drove away. Had the CEO told me he was preparing a PCN, I would have waited and accepted service at the roadside.

As the CEO could have served the PCN there and then and choose not to do so, there is no power to serve a postal PCN.

In any event the time of contravention on the PCN is 7:09 pm, and the evidence shows that I had driven away by then. The fact that the CEO might have thought that a contravention occurred a few minutes earlier is neither here nor there, as no contravention occurred at the time alleged the penalty charge notice must be cancelled.

Yours faithfully,
This sounds great. I was thinking of producing a more attacking but badly worded appeal so I'm glad I won't have to do this now ;D I will update on the outcome as soon as I get it
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: cp8759 on October 28, 2023, 11:51:05 pm
Here you go:

Dear London Borough of Hackney,

I am challenging the PCN on the grounds that I was engaged in the exempt activity of loading and unloading in a residential bay.

I am a delivery driver for ***** and I deliver regularly within the London area. These range from street-based retail outlets to corporate clients with penthouse offices and security arrangements. On the day in question, I was parked in Calvert Avenue delivering food boxes to a customer that resides on Cleeve House in Calvert Avenue.

I have attached documents showing evidence of the company I work for, the time of my delivery and the times that I was located in the area. Its unfortunate that the officer didn't observe me and I didn't have a permit badge displayed, but the rules do state that unloading my vehicle with goods can take place in parking bays.

Hopefully, with that in mind and with the documents attached, you will see it's necessary to cancel the ticket.

Should you not be so minded, I draw your attention to the fact that the CEO acknowledged me, walked away and  made no attempt to produce a ticket while I was stationary in my vehicle, it therefore does not appear that the CEO had started to prepare the PCN before I drove away. Had the CEO told me he was preparing a PCN, I would have waited and accepted service at the roadside.

As the CEO could have served the PCN there and then and choose not to do so, there is no power to serve a postal PCN.

In any event the time of contravention on the PCN is 7:09 pm, and the evidence shows that I had driven away by then. The fact that the CEO might have thought that a contravention occurred a few minutes earlier is neither here nor there, as no contravention occurred at the time alleged the penalty charge notice must be cancelled.

Yours faithfully,
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: bertie21980 on October 24, 2023, 11:02:37 pm
No I drove off before 1909. The CEO took a picture of where my van was parked at 1907.

On the PCN notice it says observed at 1909 but when I go to challenge online it says -

First seen at Thu, 12 Oct 2023 19:03
Issued at Thu, 12 Oct 2023 19:09

But I left at 1907 as the picture that the CEO has taken, which is timestamped clearly shows this.
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: H C Andersen on October 24, 2023, 08:39:43 am
Is there a CEO photo timed at 19.09 or just before with your vehicle at the location?

There is one without your vehicle but none posted with it in situ.

The PCN claims that the time of contravention was 19.09.

A PCN must state: c)the date on and the time at which the alleged contravention occurred,

If your vehicle wasn't at the location at the time then no contravention occurred at that time.
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: bertie21980 on October 24, 2023, 02:41:35 am
Quote
I am challenging the PCN on the grounds that I was engaged in the exempt activity of loading and unloading in a residential bay.

I am a delivery driver for ***** and I deliver regularly within the London area. These range from street-based retail outlets to corporate clients with penthouse offices and security arrangements. On the day in question, I was parked in Calvert Avenue delivering food boxes to a customer that resides on Cleeve House in Calvert Avenue.

I have attached documents showing evidence of the company I work for, the time of my delivery and the times that I was located in the area. Its unfortunate that the officer didn't observe me and I didn't have a permit badge displayed, but the rules do state that unloading my vehicle with goods can take place in parking bays.

Hopefully, with that in mind and with the documents attached, you will see its necessary to cancel the ticket.

This above would be my normal replay but I would love to add in more including...
Title: Re: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: cp8759 on October 23, 2023, 09:09:41 pm
If the vehicle was not driven away before service could be effected, then service of a postal PCN is a procedural impropriety, we've won on this point before. I suggest you post up a draft of what you would normally send, and I will add some wording to cover this additional point.
Title: Hackney - Parked in a resident parking place while out delivering - Calvert Avenue, E2
Post by: bertie21980 on October 23, 2023, 02:48:15 am
Hello everyone,

I received a PCN through the post for parking in a residential bay. I was out delivering to a customer on the same road for about 2 minutes. I parked, went into the building up 4 flights of stairs (no lift) and then came back all in the space of about 2 minutes. I seem to recall seeing the CEO taking a picture of my vehicle and I told him that I'm delivering. His reply was that I was parked in a residential bay and then walked off. I observed the CEO walking away and checking other vehicles. After about another minute, I drove off.

Anyway, here is the PCN...


(https://i.imgur.com/5BFmT2p.jpeg)


google street view (https://maps.app.goo.gl/Cbk9wrWr927rdaZD6)


As you can see, it says the CEO drove off before issuing a ticket which I find to be completely untrue. If I saw the CEO producing a ticket then I would of explained to them properly. Also, there are several pictures of my vehicle in the hackney council website but they are all timestamped and it shows that all of the pictures were taken in one minute (1904 hrs). There was one picture of the road where my vehicle was parked but it shows that it was taken 3 minutes after (1907 hrs).

Here is pics from PCN website...

(https://i.imgur.com/q9n8L0M.jpeg)

(https://i.imgur.com/wxkR7Xu.jpeg)

And here are my delivery notes that I will use for my appeal...

(https://i.imgur.com/KlJYsD4.jpeg)

(https://i.imgur.com/wxkR7Xu.jpeg)


And I could easily appeal as I have done so in the past but I get the impression that something is not right. The delivery took about 3 minutes to do. There is no evidence that the CEO was preparing a ticket before I drove off and the time stamps on the pics shows that the CEO didn't even bother to give adequate time before deciding that a ticket should be issued. Even on the PCN website,, it says the ticket was issued at 1909 hours but their own evidence (the pic where my van is no longer there) suggest that I had left 2 minutes before they decided to issue a ticket.

So, I would like to see if any of you guys could help out in maybe taking this further than lodging a normal appeal or should I just forget about it and appeal and get it over with?