Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Driver86

Pages: [1] 2 3
1
Hi MrMustard - thanks for offering. Will email you soon.

If you would like free representation please email me mrmustard@zoho.com

2
Back to your dashcam please. You've posted up a still image. Are you saying this is a frame from when the car was in motion and not yet parked? IE approaching the sign on the pole visible on the offside of the road?

I assume so, so it seems that the Council believe your frame is a still from when the car was stationary and parked in the bay. Not a frame from when it was approaching the parking place. Seems the Council believe you were parked on the double yellow lines on the nearside.

I think you need to make this clearer because at first reading I understood your photo to be of when the car was stationary and parked on the left side of the raod. Yes indeed the pole visible to the offide has no suspension sign however is not relevsnt if it it's on the opposite pavement to where you parked.

I'm concerned that an Adjudicator might also read your submission the same way and misunderstand the realtionship between where you actually parked and the signpost.

You case is that there was no suspension sign in-situ in the bay on the right hand side of the road, where is where you parked, at the time that you parked. The suspension notice was installed at some unknown time after you parked. So make that very clear. Your dashcam image was taken just before you reached the parking bay and confirms that the suspension notice was not in place. This is the same pole visible in the CEO's evidence photo that shows the same pole at the offside rear of your car after you'd parked.

Please revise your draft nd post it up.

Thanks for your feedback. Yes the image is of my vehicle on approach to the bay, while in motion...let me know if this is better...


I parked my vehicle on Sunday, 21st July 2024 at approximately 20:50pm at Virginia Road, where I am a resident permit holder. My vehicle was removed on the 23rd of July 2024 at 10:57am for allegedly parking in an suspended bay. After paying the £265 fine to recover my vehicle I appealed the PCN and removal as instructed by the Enforcement Authority.

In my appeal submission to the EA, I provided images from my dashcam which shows my vehicle on approach to the parking bay. The image is a still image which capture's the signage at the last possible moment, as dashcams are forward facing, needed the image to be from an angle which shows the signage in its view. Please see images from dashcam attached as evidence. This sign post is the same  as this taken from a google maps location highlighting that this is the same bay where my vehicle was removed from and the last signage on the road where I parked. https://maps.app.goo.gl/t99GA6a5zUH8GuxT9
However, the EA in their response, state that the dashcam image is "only showing the street in front of the vehicle", they also state the CEO’s images indicate that the suspension notice is behind my vehicle, further highlighting the complete lack of knowledge or investigative skills to understand that a dashcam can not see out the side of a vehicle, and therefore this image would have been the last taken of the relevant bay and signpost.
The EA state in their notice of rejection that notices were put in place on 18th July, however, the date and timestamp of the image from my dashcam contradicts this. I can not be certain if this signpost was missed or if it had been vandalised after being placed.

The image I provided from my dashcam, plus the image from CEO is of the same parking signplate pole. However, the EA fail to acknowledge this and rely on this to reject my appeal. This can be verified by the google maps image given above and the painting on the wall behind the signage on all images.
Furthermore, there is a procedural impropriety on the part of the EA. The Trafic Management Act 2004 stipulates that a notice of rejection must be served within 56 days of the appeal, however the EA has not been able to provide any evidence that this was sent by post, or by email within the regulated timeframe.

3
Good news is that London Tribunals have accepted to hear my appeal and have set a telephone date for November 4th. A slap in the face for the Enforcement Authority who advised me that my only recourse now would be the POST OFFICE as they have received their money and will not be re-opening the case.

I'd be grateful if one of the experts can look over my submission and recommend any additions to stregnthen my case? I dont think I had enough around the rules on the placing of the suspension notices...

4
Hi All,

So after threatening me with costs and demanding I disclose confidential customer information to cancel the PCN, they've decided to withdraw their contest at tribunals  ::)

5
Getting error messages when uploading to this site, but here is the reps I submitted to London Tribunals last nighthttps ://1drv.ms/b/c/560cd59511b71091/EaUdrXpxhyhDsMHd6SIC1YYBQSxA4uwo9XprVR2ZZvdtYw for which I requested an in-person hearing. Would be grateful if someone can look through and and advise if I've covered everything?

6
OK last night I submitted a late appeal explaining the circumstances, they also wanted me to submit my whole representation with it. Will post up later tonight.

7
It is blank, thats how they've given it. No I didnt use their form.

I have received their notice of rejection by email today I've attached here. https://ibb.co/QfzNqjj

Two points:

1. They appear to be saying the dashcam image and their CEO image are of two different poles. It's not, it is the same pole.

2. They say my car was not parked there when they erected the signage on 18th July, where as my argument is that when I did park my car there on 21st July, the signage was not there as can be seen in the dash cam footage.

Any thoughts on contacting tribunal to see if they will accept a late appeal due to not receiving the letter?

8
Thanks. Agree that it is at odds with the PCN to follow that process, and I I would have thought they would need to write to the registered owner? but to get the info within 1 working day is unlikely to have registered owners details (since it ain't me!).

I wonder if they are relying on this flimsy document they attached to the PCN and gave to me when I paid their charge... https://ibb.co/8M7b8CY
https://ibb.co/QfLrxt4

I'll keep chasing that NoR letter through this week and then I will try submitting reps to London Tribunals explaining that this was not received previously.

9
But there is no order of recovery, its closed they say as I have paid £265 to release my car, and then as far as they are concerned I did not respond to notice of rejection. This is robbery.

What can do to have this re-opened? Can I submit to tribunal even at this stage without their "blessing" once I get that illusive NoR letter?

10
I contacted Tower Hamlets council to get an update on this and they told me that this is now closed as they sent me "notice of rejection" the day after my appeal apparently - but I never received it. One of their staff told me that it might be something I need to take up with the Post Office?! - surely they are having a laugh!

There will be no charge certificate as I paid to have the car back.

I've asked them to email me the copy of the letter which I am now having to wait on. Do I have any rights left?

11
Hi All, I have registered my appeal with London Tribunals and I believe we get 7 days to add if required? I was hoping someone can advise, am I best off asking for a telephone hearing instead of written reps? I've attached my written reps here, would be grateful if someone can look over it and let me know what they think? Thank you!


https://ibb.co/dPC9hTC
https://ibb.co/1TkqF17
https://ibb.co/BG4Pt6W

12
Hi all, just a bit worried that with deadline coming up if someone with experience can look over?

What would be ideal reps for this, a telephone hearing or submit written?

Thanks!

13
I've drafted up a rep for adjudication...

I am submitting this representation on the grounds that I do not believe the contravention occurred for the following reasons:

The vehicle was parked and made use of the loading bay at 20:11, as I believe I was entitled to do so. I am a courier driver working for Amazon’s “flex” programme, and therefore I am a 3rd party contractor.

Here is an image of the restriction I am alleged to have contravened.

<image of signage>

 Being a private contractor, I therefore do not have access to Amazon’s internal customer database, and any request for this information is restricted by GDPR, which the enforcement authority appears to dismiss.

I have, however, provided the enforcement authority with information detailing that in between the hours of 19:00 and 21:00 I was on a shift making deliveries. I also explained to the enforcement authority that as I work alone, I cannot leave my vehicle’s windows and doors unlocked for the consideration of a CEO with the risk of theft.
 
Furthermore, I have reason to believe there is procedural impropriety on behalf of the authority Notice to Owner.

The NOR does not contain the correct mandatory info regarding the form and manner in which an appeal may be made. Specifically it omits the highlighted part of the following:


(2) An appeal under this regulation must be made within—

(a)the period of 28 days beginning with the date of service of the decision notice under regulation 6(4)(b) which states that the enforcement authority does not accept the recipient’s representations, or

(b)such longer period as the adjudicator may allow.


3. Not only is this vital information omitted, the authority reinforce the impropriety by stating the following which is found in lines 4 and 5 of the last para. on page 2 of the NOR:

'...penalty charge may increase by 50%. At this stage you would have missed the opportunity to appeal.'

Please advise what else I can add to stregnthen?

14

OP, when and how did you submit reps against the NTO - you've skipped this step in the thread? You should aim to register your appeal no later than 13 Sept.

Thanks for the feedback. I did think there was alot of arrogance in there too! I submitted the formal rep in June I believe. At the time I was on holiday whilst awaiting a Subject Access Request with Amazon which unfortunately didn't yield anything I can use. So requested they confirm my schedule for the day.

I'll start drafting up an appeal to take to adjudication in the coming days.

15
Hi everyone, so i have a response back from them regarding this Loading bay contravention. The enforcement team are fixated on getting the customers home address which seems to be the block to overturning this. I did manage to get a letter from the courier service owners(Amazon) confirming I was on a delivary block, and that they can not provide addresses. Links below and left details to locate PCN if required. Feedback appreciated.

NOR
https://ibb.co/XsCGQ3z
https://ibb.co/ZgZ3PMp
https://ibb.co/CWhrGZm

Letter evidence
https://ibb.co/VWbPSZD

@Driver86 this is easily winnable but we need to substantiate your representations for the next stage.

Firstly, please read the guidance here and repost the PCN without any redactions.

Secondly, who do you work for? Amazon? Evri? Whatever company it is that pays you, you must have some documentation confirming you actually work as a courier. A work schedule would help, or even something confirming you were paid for work done on that day.

Also if you have any correspondence (emails, whatsapp messages, text messages, whatever) showing that you tried to get delivery information but this was refused because of GDPR, copies of that correspondence would be important supporting evidence.

Lastly do you remember roughly how many deliveries there were, and which buildings they were in?

I used the loading bay to deliver to 3 locations, one of them being the building on that side of the bay.

Pages: [1] 2 3