Free Traffic Legal Advice

Submitted on the 7th, let's see what type of rejection they come back with...

ok to attach my mother's BB as evidence?

Here is a draft appeal - any advice around it would be greatly appreciated.

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Dear Sir or Madam,

I make these representations on the grounds that the alleged contravention did not occur and, alternatively, ask the Council to exercise its discretion in the exceptional circumstances of this case.

Incomplete CCTV evidence

The evidence disclosed to me consists of CCTV footage of approximately 40 seconds' duration. The footage shows my wife leaving the vehicle but ends before the sequence of events is complete. It does not establish how long the vehicle remained at the location or what occurred after the clip ends.

If the Council relies on any additional CCTV evidence, I request that the complete, unedited recording be disclosed. If no further footage exists, I ask the Council to explain how it considers that the short extract alone is sufficient to establish the alleged contravention.

Exceptional circumstances

At the time of the alleged contravention, my elderly mother was travelling with me. She is a registered Blue Badge holder with significant mobility difficulties and was unable to be left unattended. She therefore remained in the vehicle throughout.

I also remained in the vehicle at all times so that I could stay with and assist my mother if required.

My wife briefly went into the nearby Tesco to purchase a small number of essential grocery items for my mother before returning to the vehicle.

I appreciate that the restrictions are intended to keep Red Routes clear and I fully respect their purpose. However, this was not a stop made for convenience or to gain any advantage. It was a brief stop made because I could not leave my disabled mother unattended while essential items were obtained for her.

I therefore respectfully request that the Council exercise its discretion and cancel the Penalty Charge Notice in light of these exceptional circumstances.

Consideration of representations

If the Council is minded to reject these representations, I request that it specifically addresses:

whether any CCTV footage exists beyond the 40-second extract disclosed;
why it considers the disclosed footage sufficient to establish the contravention;
whether it has considered my mother's disability and the fact that she could not safely be left unattended; and
the reasons why it declines to exercise its discretion.

Appreciate the response. Thank you.

I'll wait for more responses, but an appeal looks weak.

not had a response from anyone else. Is there any ground for me to at least put an appeal here?

So they have rejected his appeal already (screenshot in the 1st post & pasted below) & are asking for the driver's name (I wonder why?)


Will the response below be ok to send?
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Hi Gemini Parking,

I am the hirer of the vehicle and, under no obligation to do so, will not be identifying the driver.

Your PCN does not comply with the requirements of the Protection of Freedoms Act in order to transfer liability to me as hirer  (namely, failure to include the required documents), and I am therefore unable to assist you further in this matter.

I look forward to your confirmation that the PCN has been cancelled.

Regards


response 2 by Zee Aze, on Flickr

Apologies -

So he confirms that he appealed, not admitting the driver, no documentation regarding the protection of the Freedom Act was sent to the hirer, nor was the other info sent in your thread. The rest of the email was below....



f by Zee Aze, on Flickr


g by Zee Aze, on Flickr