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Messages - Naomi_Brooks

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1
Hi,

I appealed a PCN received by one of our drivers, but was unsuccessful.
Can someone please explain to me why this appeal has been rejected?  Is is because of the 'AT ANY TIME' part of the signage? Our driver was unloading at 11:30am, but the restrictions say it is okay at that time.
 
The PCN number is FR67150867
VRN is BN73YUW

Many thanks

2
Our driver spoke to the CEO at the time about the vehicles in the loading bays, but 'apparently' the CEO didn't appear to care. 
I will ask for discretion, but will not mention the conversation with the CEO as I would like to keep it professional. 
Thanks for your reply

3
I am acting on behalf of a driver of one of our fleet vehicles.
He delivers large amounts of food to a restaurant in Atlantic Road.  The loading bays are always full of motorbikes or other vehicles.  There is nowhere to park at all, even after circling back a few times. The vehicles in the bays appear to never be penalised.  Our driver has received 5 other tickets at this location since November 2024.  Can we argue that our driver is being treated unfairly because the loading bays are always full?  I don't understand how to insert a pic of the PCN, but here is the google image -

PCN number LJ36570481
VRN BF72HUO

Thanks for reading!

4
Do you think this will suffice as a response?

would like to appeal this PCN on the following grounds:
1)   A procedural impropriety.
The payment period of 28 days applies to moving traffic contraventions.
2)   The contravention did not occur.   
The alleged contravention operates at right-angles to road markings.  There aren't any loading blips either to the immediate rear of the van or to its nearside (the restriction stops ahead of the vehicle and terminates at a slab of concrete, indicated by termination markings i.e. it doesn't run 'under the concrete')
 If the area was a square with four quadrants, the van is in the lower left, the bins and hardstanding in the lower right (no markings), the upper left is vacant road, and the upper right is where the double yellow lines and loading restrictions end. Immediately to the left of the lower left quadrant is where double yellow lines and no loading end.

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I understand now why your profile has hero status!  Thank you for your knowledge, time, and patience!

6

Thanks for your response. 

When making appeals, we (I) do so as the company as we are the RK. Should I be doing that? Sorry for my naivety.   

I have attached the response, and the NTO.

Many thanks
 

7
Hi Guys,

I unfortunately did not keep a copy of my original appeal - do you think I could get one from Havering?
I have until the 29th August to make the formal response, but I am having trouble.
I think from the picture provided above that was taken from Google Maps, that the van was not parked near any kerb markings and the marks that can be seen are worn, and it was not near the 'no loading' sign (the position of the van can be seen in the evidence photos).  I also mentioned earlier that we had a ticket last year for parking in the same place that was revoked upon appeal, with the reason that we gave as 'if no loading then why are the bins there'.  I can see from a reply above that the restrictions are not related to bins/refuse, so I am not sure where to go with this to be successful.  The appeal response from last year did not mention anything about the clause relating to refuse, so I am thinking that I could argue that our driver assumed it was okay, as he was not told otherwise - but that would be an ignorance claim.    I want to try my best to help the driver. I feel it is really unfair.

Thanks :-)

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Is this the sum total of their evidential photos and are you the registered keeper?

The company I work for is the registered keeper.  I am representing the driver

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Is this the sum total of their evidential photos and are you the registered keeper?

There are 5 pics in total, but I can only upload 4. 

11
Hi,

Thanks for the response. I have attached the pic of the PCN.


12
Hi guys,

Our driver received a PCN for parking in front of bins to deliver to a restaurant.  Kerb markings are not clear/ are worn, and the signage is not close to the vehicle. Also, the vehicle is parked near bins.   Our appeal was rejected, and I have been waiting for the Notice to Owner so that I can appeal again.
We received a PCN in March of last year for parking in the same place, but we appealed on the grounds of unclear kerb markings and argued that having the wheelie bins implied loading was acceptable.  Our appeal was accepted, and they said that after considering our challenge and comments they had decided to cancel the penalty on that occasion. 
Before I make a formal representation, does anyone have any advice?
I have attached an evidence pic.  Our driver took his own pics too that I can upload when I have them.

Thanks for reading  :)

13
Hi,
thanks for replying.
It was one of my drivers.  He must have just taken a chance.  He has received a few lately, so I was trying to help him out.  But, if there are no grounds, I won't bother. :-)


14
Hi,

I have received a PCN for unloading outside specified loading times.  The PCN shows the correct VRM, but the colour and make of the vehicle are wrong.  There is photographic evidence showing the vehicle.  Do you think I could have the fine revoked on the grounds of the description being incorrect?
Thanks for reading

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15
This is an old thread, but do the principles still apply?
Thanks

Send this:


Dear Transport for London,

I challenge liability on the basis of a procedural impropriety, specifically it is unlawful for you to serve a postal PCN in these circumstances. I refer you to the red route panel decision in Commercial Plant Services Ltd & others v Transport for London (2230060716, 25 May 2023) published at www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf

It follows that the PCN must be cancelled.

Yours faithfully,


If they reject, I'll sort out the tribunal appeal for you.

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