Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Paul_k3 on November 18, 2023, 12:41:23 pm

Title: Re: PCN Bexley
Post by: cp8759 on May 24, 2024, 12:20:41 am
For future reference: The Bexley (Waiting and Loading Restriction) Traffic Order 2019 (https://drive.google.com/file/d/1btCArgm_gKNjyiaBzi1FlittoJ5m0lzX/view)

Bexley are a bit dense so they require me to specify that the following applies to the order: "LB Bexley data produced September 2019. This information is accurate at the date of the order only, restrictions on street often change and the information shown should not be taken as being the current restrictions on street."
Title: Re: PCN Bexley
Post by: Hippocrates on February 20, 2024, 04:53:04 pm
Last Wednesday, 14 Feb, I filed the skeleton argument with the tribunal and sent a copy to Bexley. It was 3 pages of careful argument pointing out the frailties of their case.

Yesterday, 19 Feb, they sent me an email saying theycouldn't discuss the case with me as I am not the registered keeper (my authority letter is on file!)

Today, 20 February, the tribunal phoned me to say that Bexley have changed their mind about the Appeal and PCN and have now cancelled it.

Hurrah. I now only have 7 cases at the tribunal on Thursday.

@mrmustard: Fancy a cuppa? I have had 3 cases won this week and am missing Penderel's Oak! And you, of course!
Title: Re: PCN Bexley
Post by: mrmustard on February 20, 2024, 04:30:51 pm
Last Wednesday, 14 Feb, I filed the skeleton argument with the tribunal and sent a copy to Bexley. It was 3 pages of careful argument pointing out the frailties of their case.

Yesterday, 19 Feb, they sent me an email saying theycouldn't discuss the case with me as I am not the registered keeper (my authority letter is on file!)

Today, 20 February, the tribunal phoned me to say that Bexley have changed their mind about the Appeal and PCN and have now cancelled it.

Hurrah. I now only have 7 cases at the tribunal on Thursday.
Title: Re: PCN Bexley
Post by: Hippocrates on January 19, 2024, 10:10:20 pm
Avanti.
Title: Re: PCN Bexley
Post by: mrmustard on January 19, 2024, 09:13:05 pm
For the benefit of other readers Paul has had a lucky escape (I am making the tribunal Appeal) in that the car is his wife's and he made the representations. Bexley could have ignored them but instead they sent the Notice of Rejection to his wife. Technically a procedural impropriety but the loading exemption is enough to go forward with in this case.
Title: Re: PCN Bexley
Post by: Hippocrates on January 16, 2024, 08:53:22 pm
An absolutely dreadful and very insulting letter, so I would take them to London Tribunals with no hesitation. 10kg is a heavy package even for a fit person.
Total  bolleaux. LIke all councils, yet another example of voracious and intransigent bullying because they are short of cash.  Motorists are the soft target.
Title: Re: PCN Bexley
Post by: mrmustard on January 15, 2024, 11:41:47 pm
Please add the other pages of the PCN. They may contain errors. I can be your free representative at the tribunal. Email me: mrmustard@zoho.com
Title: Re: PCN Bexley
Post by: Incandescent on January 15, 2024, 10:46:57 pm
An absolutely dreadful and very insulting letter, so I would take them to London Tribunals with no hesitation. 10kg is a heavy package even for a fit person.
Title: Re: PCN Bexley
Post by: Paul_k3 on January 15, 2024, 03:07:32 pm
Hi All

Pls see PCN rejection notice from draft letter I sent above, I would appreciate some advice in going forward appeal to Parking Adjudicator  or pay?

Many Thanks

Paul

[attachment deleted by admin]
Title: Re: PCN Bexley
Post by: Paul_k3 on January 13, 2024, 03:10:10 pm
Hi

.

I appealed and their reply to me was I  could have parked correctly and carried the items form the vehicle. We would still expect you to park correctly and obey any rules or restrictions should I appeal to the parking adjudicator

Many Thanks

PAul

Title: Re: PCN Bexley
Post by: cp8759 on November 24, 2023, 12:38:25 am
I suggest you delete the attachment with the medical report as you've left a lot of personal information in there (you need to send it to the council but you don't need to post it on here).

Anyway, here is a draft representation:

Dear London Borough of Bexley,

I challenge liability for PCN XL19984412 on the grounds that the alleged contravention did not occur. At the time of the alleged contravention, I was engaged in unloading, specifically I was delivering a heavy package to the post office as I was sending a 10 kilogram training vest to my son. I have also recently injured my foot and as a result I cannot walk very fast or very far, so I had to park reasonably close to the post office.

I attach a copy of the post office receipt, the receipt for the training vest I was posting to my son, and proof of my medical injury.

While I appreciate the CEO could not have known any of the above and he was right to issue the PCN, it is clear that the contravention alleged did not actually occur, so the penalty charge must be cancelled.

Yours faithfully,


Send this via https://pcn.bexley.gov.uk/TicketDetails.aspx and keep a screenshot of the confirmation page.
Title: Re: PCN Bexley
Post by: Paul_k3 on November 22, 2023, 12:00:51 pm
Picture of the 10kg vest for my son

[attachment deleted by admin]
Title: Re: PCN Bexley
Post by: Paul_k3 on November 22, 2023, 11:59:43 am
Pls see attached it was 10kg vest for my son

Also medical report for sports injury I sustained to my foot

Physio treatment is on-going

Thanks Again
Title: Re: PCN Bexley
Post by: cp8759 on November 21, 2023, 11:30:20 pm
There's no weight on the receipt so we'll need to put some more details in the representation.

What was in the parcel please?

Also, do you have medical evidence of your injury?
Title: Re: PCN Bexley
Post by: Paul_k3 on November 20, 2023, 12:42:42 pm
Thanks you pls see attached do you think I have a good chance of appealing. Also I am suffering from depression and have a foot injury which does not allow me to walk far, lift heavy items

[attachment deleted by admin]
Title: Re: PCN Bexley
Post by: cp8759 on November 19, 2023, 10:43:27 pm
Here are the CEO photos:

(https://i.imgur.com/KcOzJOa.jpg)

(https://i.imgur.com/RoaSoM3.jpg)

(https://i.imgur.com/YeltjgN.jpg)

They look suspicious to me because normally in a drive-away case, you see photos of the driver or at least of the car being driven away.

Anyway, do you have a receipt from the post office for the parcel? If so, please post it up and I'll draft a representation for you.
Title: Re: PCN Bexley
Post by: Incandescent on November 19, 2023, 12:29:56 am
Pls see attached. How do I apply the loading exception it was heavy 10kg and what do you mean by only in exceptional cases should the PCN be posted to me?
The PCN has been served by post because, according to the CEO notes about your vehicle, you drove off before the PCN could be served to the vehicle or driver.  Yet you say you saw no CEO at any time, or any PCN, so drove off after making your delivery.
I have to say that carrying a 10kg parcel any distance to a post office would be a struggle even for somebody in good health, so I think you have a good case, but you need to prove that you made this delivery. You should have some sort of receipt, and maybe a work instruction, so include copies of these with your representations. If you have a document with the parcel weight also include a copy of this, and any more details you can obtain.

So why not write out a draft of what you propose to send and post it up here for a review.
Title: Re: PCN Bexley
Post by: Paul_k3 on November 18, 2023, 09:05:51 pm
Pls see attached. How do I apply the loading exception it was heavy 10kg and what do you mean by only in exceptional cases should the PCN be posted to me?

(https://i.imgur.com/LioVbDF.png)

[attachment deleted by admin]
Title: Re: PCN Bexley
Post by: Pastmybest on November 18, 2023, 01:00:37 pm
Yes you can claim the loading exemption but it is up to you to prove you are entitled to do so. The test is need not convenience so evidence what you were delivering to the post office and explain why it took so long.

Also explain why the PCN was served by post as there are limited grounds when this is allowed

Please post all of the notice redact only your name and address we need to check the accuracy of the document
Title: PCN Bexley
Post by: Paul_k3 on November 18, 2023, 12:41:23 pm
Hi

I received this PCN for delivering a heavy parcel to the Post Office. so was unloading  I saw no Traffic Warden and was in inside less than 5 mins. Also it was parked on single yellow line. I am recovering from an injury so cant walk very far and receiving physio treatment. Is their any grounds for appeal

Many Thanks

PAul

[attachment deleted by admin]