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Messages - Shaysaf

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When did you get back to your home?

Unforeseen Circumstances: At the time the PCN was issued, I was away due to unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.
2.  No Prior Suspension Notice: When I parked my car, there was no visible suspension notice on the bay. Upon my return, I found a leaflet placed on my car, along with the PCN. This indicates that the suspension notice was issued after I had parked.



unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.

Devil's advocate - then why didn't somebody else in your house move the car?
As regards placing leaflets, what would you think was fair: a leaflet for everyone in the street? If not, how far either side and do you actually live within this area? Placing on cars means they capture everyone who actually parked there over a 72-hour period. 

Whether 72 hours or 144, you still wouldn't have received a leaflet, you weren't at home.

IMO, if you intend to carry on then I think you'll need to develop your circumstances - and therefore present as strong a case for mitigation(which is personal) before you launch into criticising the council.

But we know so few details e.g. what time you returned, who else could have moved the car, where you live relative to the suspended area etc.

No body else moved the car because no one else drives and no one else was home . I returned on 9th October ie. the day they said the suspension started.

To further add to this, there is no possible way for anyone to move the car when they are away. I am not looking to criticise the council here , I am simply stating the fact that no one could have moved the car . I believe someone has added a link in this thread where you can see how various councils seem to scam people who are away and simply cannot move the car . I would like to know what steps I could follow and where do I stand with this rather then list out everything I could/ could not have done seeing I am not at that stage anymore

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Here was my response to the council



"I am writing to formally challenge PCN WA91121597, issued on 09/10/24. I respectfully request that you consider cancelling this penalty notice based on the following grounds:
1.   Unforeseen Circumstances: At the time the PCN was issued, I was away due to unforeseen and urgent personal circumstances as my father is severely unwell. This was beyond my control, and I was unable to move my vehicle during this time.
2.   No Prior Suspension Notice: When I parked my car, there was no visible suspension notice on the bay. Upon my return, I found a leaflet placed on my car, along with the PCN. This indicates that the suspension notice was issued after I had parked.
3.   Improper Placement of Suspension Sign: It is my understanding that the suspension notice was only placed on the tree. As per regulations, the suspension sign should also be displayed on nearby parking signs to ensure visibility to all drivers. The lack of proper signage meant I was not aware of the bay suspension.
4.   Inadequate Communication: I would also like to bring to your attention that, to properly inform residents of the suspension, leaflets should not only be placed under windscreen wipers but also dropped at nearby houses. This ensures that residents are fully aware of the suspension, even when they are not near their vehicle. In this case, I did not receive any such notice at my residence, further contributing to my unawareness of the situation.
5.   Request for Review of Records: I kindly request that you review your records to determine when the suspension notice was installed and confirm whether vehicles, including mine, were already parked in the bay when the notice was posted.
In light of these circumstances, I believe the issuance of this PCN was unjust, and I respectfully request that it be cancelled.
Thank you for your time and consideration. I look forward to your favourable response."


I replied to the response on Thursday 10th October 2024 at 7:08pm

Their response is dated the 5th of December 2024 at 12:14pm

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My challenge was that I was away due to some family relate circumstances and there was no way possible for me to move the car when this suspension was placed . The day I returned , I found the PCN on the car.

I don't fully understand what they need in terms of evidence , would that be my travel plans or ?


Thanks

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I have just received councils response where they have not even read all the grounds I established specifically ignoring to acknowledge that I was away so there is no way I could have moved the car.

I would like to know where do I stand with this and what should be my next steps? Should it be tribunal or ?

https://imgur.com/a/vSVy5eH

https://imgur.com/a/bFUTrMB


Thanks

 

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I found the leaflet today under the wind screen wiper . It can be seen in the council PCN pics as well .

The vehicle VRM is : FV15YZA

I was away due to my father being severely unwell as no was there to look after him .

It was a short stay and I will have to go back again soon as a surgery is planned.


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Yes , My car was indeed parked legally when the suspension started . I departed from the address on 2nd october 2024 and I checked , there was no suspension or any leaflet . Only think I found is a leaflet under the windscreen wiper. I would expect the council to drop the leaflet in nearby houses so it would raise more awareness .


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I had to leave unexpectedly due to unforeseen family circumstances. Upon my return today I found a penalty charge notice on my car, which was parked on the street where I live. It was surprising because I have a permit to park there.

After looking into it, I realized that certain parking spots on the street had been temporarily suspended, but I wasn’t aware of this at all. I’m left with this PCN, and I feel I had no way of knowing the restrictions had changed while I was gone. I've also attached a copy of the PCN and photos showing where the signs were posted.

https://imgur.com/a/JpdfaFu
https://imgur.com/a/6SViLtn
https://imgur.com/a/X1mkA0b
https://imgur.com/a/28S2SW4https://imgur.com/a/YDkbGKn



https://maps.app.goo.gl/BUkohUehBHDHrADq8

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Hi All

Hope you are all doing well,

I recently received a TFL PCN due to stopping in a Red route and I hope you can help me understand what options are available to me to appeal the penalty if there are any.

Summary of Contravention:
-Alleged Contravention: 46: Stopped where prohibited (on a red route or clearway)
-Contravention Location: O/S 3-11 Kentish Town Road NW1
-Contravention Date: On 15/12/2023 at 18:32.
"The contravention was seen and recorded by camera Operator number 188 who was observing real-time pictures from an approved device at the time stated and has been recorded on digital storage media”

The sign states: No stopping on any day 8am - 7pm Except 10am-4pm Loading Only :

1.   I did not see the sign as there was a trach drunk parked in from of me and I overtook it and reversed back .
2.   I was loading for roughly 5 to 10 minutes.
3.   I was standing outside the car as I was loading boxes .
4.   I moved after I had finished loading stuff.

Here the is the link for google maps shows the spot : https://www.google.com/maps/@51.5396019,-0.142347,3a,90y,291.26h,69.91t/data=!3m6!1e1!3m4!1sr6U4gUQvMGcRJZ9n36LWYg!2e0!7i16384!8i8192?entry=ttu

The PCN was issued by TFL CCTV and sent to me in the post, there is no mention of the Council.
I have requested TFL to send me the evidence , which they are in the process of. They have put the PCN on hold currently .
What are my choices with fighting this ?
Many thanks for your valuable advice/assistance with the matter

Kind regards




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There is always a chance at adjudication, the council might mess up the evidence pack, or we might persuade the adjudicator that the sign should be illuminated, so if you want to carry on I'm happy to assist.

But you have to understand that it would be a gamble, and if you carry on and lose you will have to pay the full penalty of £130. We can't really tell you what to do, at the end of the day it's your decision whether to risk the full amount or cut your losses here.

That being said, if you want to know what your chances are, I think they're less than 50%.

Thank you very much for your insights and help. I guess I will cut my losses and proceed with discounted for this one .


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The traffic order is The Camden (Arlington Road Low Traffic Neighbourhood) Traffic Order 2022 and Article 3.8 appears to be the relevant one.

Can you please show us your representations, rather than just giving us a summary?

Also did you actually miss the sign, or did you not know what it means?

I genuinely missed the sign at the time of the night . Further more to this I said with detail that it was a mistake and I believe there are meant to be two signs . Unfortunately I do not have exact representation with me.

Is there any chance to appeal this or shall I proceed with discounted fine ?


11

Received PCN from Camden Council

I have realised that I have simply made a mistake , was new to the area and did not see the sign in all honesty.

This is the post I made on other forum and was advised to discuss is further here .


http://forums.pepipoo.com/index.php?showtopic=150183

In addition to this my appeal which stated that there was lack of signs has been rejected and I have attached the response I have received from the council

The link below shows the pdf file with the response from the council

https://drive.google.com/file/d/1aTdNPpc2hbZq-yzyET4nzIxZAXfUc2Wr/view?usp=sharing

Any advice / help would sincerely be appreciated .

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