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Messages - Unimexsol

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Hi all,

Would appreciate your help on this one. On 28th October the driver of the car that got this ticket suffered a suspected heart attack. They sought medical advice and was told to get themselves to A&E as soon as possible.  Knowing that the London Ambulance service is massively over-stretched they decided to drive themselves to the nearest hospital. Their chest pains were getting worse and worse as they were driving and as they got onto the road that leads to the hospital they found themselves in a long, virtually stationary queue of traffic. By now they were in serious pain and they didn't feel that they could safely continue to drive so they pulled into the first safe parking place, which was the Corporation of London's Leyton Flats Car Park.  Knowing that time of the essence they didn't stop to pay for parking but staggered to the nearby hospital's A&E department where they were admitted and ended up staying for 3 days.  Their partner collected the car and drove it away from the car park the same evening.  The vehicle keeper has now received a parking charge from Horizon Parking who administer the parking charges for the Corporation of London.

How is it best to challenge this? The driver has proof of admission to hospital and their hospital discharge 3 days later.  Photos of the Penalty Charge attached.






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So not bothered that you replied to tell us how unbothered you were.  Thanks for that, it's a shame you aren't bothered because IF the wording on this ticket is contrary to the Equality Act 2010 and IF that does, by itself, make this ticket unlawful, then it will mean that every LB Havering ticket issued with that wording will be unenforceable.  I'd have thought that will be of great use to the members of this forum, which is why I started this whole thread, but don't let it bother you.

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Thanks for all the replies so far.

It's interesting that they've withdrawn the 50% discount, and I think I do agree with H C Anderson that they may well be able to without invalidating the PCN, however I strongly believe that by stating that ""We cannot accept verbal challenges in person or on the telephone." they are acting contrary to the Equality Act 2010 and as such I believe that will make any PCN on which they state this unlawful.

This isn't the only defence against the PCN (which is actually for a neighbour of mine which is why I can't post all the details - they are not mine to post.) I am 100% certain of the other grounds of the challenge against the PCN but having seen this new wording I wanted particular advice on that.

As anyone who was on Pepipoo may remember I had a regular and particular problem with Havering attaching PCN's to my car when the car was parked entirely legally.  I have won EVERY challenge, representation and tribunal hearing that I have undertaken on this issue and it seemed in the last 18 months as if Havering had finally realised that they had no reason to issue these PCN's.  All I can assume is that there is a new Enforcement Officer who is unaware that our private car park is, in fact, a private car park and thus issued a PCN to my neighbour. 

I shall, of course, keep this site updated with their response.

Once again, many thanks to all.

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Interestingly, I've just had a look on Havering's own website and it links to their policy on Enforcement and Cancellation of PCNs. 

There's a link here - https://www.havering.gov.uk/downloads/file/96/policy-for-enforcing-or-cancelling-a-pcn

If you scroll to the bottom, you will see Appendix A, where you can see that it lays out an application to the London Councils Transport and Environment Committee.  It is dated 2013, but has not been updated or confirmed as to whether or not the application was agreed either way look at Point 8, and then Point 15.

I would argue (and in fact shall be arguing as one of the points in my defence of this PCN) that where this PCN states - "We cannot accept verbal challenges in person or on the telephone." which is in bold on the PCN, that this fetters discretion and is in direct contradiction to the council's published policy. That the statement is in bold is, in my view, important as it suggest that this is an absolute.  I think that because the PCN says something that is in direct contradiction to the council's own published policy of enforcement/cancellation of PCNs that it is automatically unenforceable.

I would appreciate the thoughts of others on this matter.

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Hi John,

I don't need advice on anything other than the specific wording that I've quoted so I'd rather not waste everyone's time by posting the PCN and location etc.  It's only this new specific wording that I am after an opinion on.

If you really need me to I'll post everything up but because of the very specific advice that I'm after I'd rather not.

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Hi there,

LB Havering has issued a PCN for parking in our own car park.  I've won over 50 previous challenges against PCN's issued for exactly the same thing so I'm on pretty certain ground BUT LB Havering have changed the wording on their PCN and it's this I would like clarification on.  The reverse of the PCN now says,

""Please quote the Penalty Charge Notice number, the vehicle registration and your address details in all written correspondence. We cannot accept verbal challenges in person or on the telephone.

Any challenge made is against the full charge and the 14 day discount will not be offered."

Is this wording legal? Firstly, can they refuse to accept verbal challenges, and is this contrary to any anti-discrimination laws?  Secondly, can they refuse to offer the 14 day discount if any challenge is made?

Thanks in advance.

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Hi folks,

My partner got a PCN for Being in a Bus Lane. I am aware there is a "Will/May" flaw in the PCN but from looking at past representations it looks as if tribunal hasn't always seen this as a fatal error.







All help gratefully received.

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The Flame Pit / A Little Thread to Say Hello
« on: June 21, 2023, 10:29:20 pm »
Hello, I'm Unimexsol.  I regularly do battle with Havering over unlawful PCN's but occasionally I fight other councils too. I'm here as I was told that Pepipoo might be on its way out and that this is going to be its replacement.  I've been a huge fan of pepipoo and it has saved me a lot of money over the years. Hopefully I can help others save money too.

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