Well, after supplying hard evidence in the form of a medical fit note issued by the GP of the elderly person which clearly stated he had diarrhea on the day of the alleged contravention, as well as further evidence showing that Newham's policy with observation periods/assisted boarding meant that my PCN should be cancelled... I have received this (lazy) notice of rejection.
I explained it correctly and made valid points, included the original PCN slip which showed 0 minutes observation time as well as what the standard observation time for code 40 etc...
The 1st point they mention is just lazy and absolutely factually incorrect. Newham's own policy state that picking up/setting down or assisted boarding can be done ANYWHERE except for bus stops, school keep-clears, pedestrian zig-zag markings and footway parking. There is no mention of disabled bays (whether they be for residents or for public use). This exemption applies for up to 2 minutes, and if longer than hard evidence must be supplied (I did so). No mention of the requirement for a valid disabled badge is found in the document/policy nor is it even hinted at, whether the assisted boarding took place in a disabled bay or anywhere else except the aforementioned.
The 2nd point is also false, as the serious offences they refer to are the one's mentioned above. Also, the serious offences which do not require an observation period and are subject to immediate enforcement are clearly distinguished in Appendix C of newhamparkingpolicyprocedures.pdf i.e those with 0 minutes and 'on-street'. An example of this which I did not mentioned above, is parking adjacent to a dropped footway i.e blocking a driveway. Surely my alleged offence under code 40 is not serious, as it has a observation time of 2 minutes. If it was serious, it would be stated as 0 minutes accordingly and then that point/paragraph would make sense.
I have a feeling that they did not even bother with looking at my evidence and just skimmed over what I wrote in my formal appeal. Also, they are offering me a discount at the rejection of formal representation stage, which is not normal from them. Would this win at the Tribunals or should I just pay to secure the discount, even though I am fully of the belief that I did NOT commit any contravention due to exemption.
It has got me starting to wonder why they are so biased in their judgement of appeals at these early stages.
