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Messages - chand

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1
Thanks.
Shall I add this too "Setting down and/or picking up of passengers, or to load or unload any personal luggage is an exemption under code 26" in the appeal?

2
The text of the formal appeal to the council was as below:

Subject: Formal Representation Against PCN PN24581799, Location opposite 50 Kensington Avenue

I refer to your rejection of my previous challenge and wish to make formal representations.

At the time of the alleged contravention, I had stopped briefly outside my home solely to assist my disabled child in alighting from the vehicle. Due to their condition, they are unable to exit the vehicle safely without assistance.

I was engaged in the continuous act of assisted alighting, and the vehicle remained stationary only for approximately 1–2 minutes, being the minimum time necessary to ensure their safety. I did not leave the vehicle unattended.

This situation falls within the boarding/alighting exemption, particularly given the need to assist a vulnerable passenger. There was no practical alternative location near my home (49 Kensington Avenue) where I could safely assist my disabled child.

The photographs provided by Council appear blurred, which suggests that the vehicle was already moving when the Civil Enforcement Officer continued taking images. This supports my position that the stop was brief and that I was in the process of leaving.

I previously provided a copy of my child’s Blue Badge. I now enclose additional supporting evidence, including proof of address (xx Kensington Avenue) confirming my residence and that was the location as per the PCN ( opp 50 Kensington Avenue).

I would also remind the authority of its obligations under the Equality Act 2010, specifically the Public Sector Equality Duty, which requires due regard to the needs of disabled persons when making decisions such as this.

I trust you will accept my challenge and look forward to your early confirmation of cancellation of this PCN.

attached: council tax and blue batch

3
Newham council has rejected the formal appeal, pl see the attachment. I would be appealing with adjudicator soon.

Let me know if you have any suggestions.

Thanks

Newham council rejection notice:
https://ibb.co/0pYCyz1m

https://ibb.co/0pYCyz1m

5
Hi,

Received "Notice to owner". Please have a look and advise me.

Thanks

Notice to Owner : https://postimg.cc/gallery/9XgzCvB

6
My name and the correct address of my home in the Registration certificate. So notice to the owner has to come to me.

7

Yes, I am the registered owner and the address on the rejection is correct.

8
Hi,

Received response from Newham council for my appeal. It got rejected.

Please see the details in the link below.

https://ibb.co/k6PgS1Zz


Shall I take up with tribunal ?

10
Updated draft below:

PCN issued to my vehicle Code 26: “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

I am challenging the PCN because I was engaged in the exempt activity of assisted alighting of my disabled child (Attached blue badge).

On the date in question, at approximately 8:00 PM, I briefly stopped outside my home on [number, street address, East Ham, E12] to assist my disabled child in safely exiting the vehicle and entering the property. It was a cold evening, and there were no available parking spaces nearby(council pic 1), making it necessary for me to stop momentarily in front of my home.

I did not leave the vehicle unattended for any other purpose. I remained with the car and only stepped out to help my child into the house. While doing so, the enforcement officer began preparing the PCN. As soon as I returned to the car, I attempted to move away, but the officer blocked my vehicle and affixed the notice to the windscreen. The photographs taken show blurred images, indicating that the car was already in motion when the officer continued taking pictures.

This stop was solely for the purpose of assisting a disabled child,  assisted alighting is a lawful exemption .

I kindly request that you consider these mitigating factors and cancel the PCN.

11
Please see the below draft and let me know if any changes required. Thanks.


---------------------
PCN Reference: Code 26 – “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

I am writing to formally challenge the above-mentioned PCN on the grounds that my vehicle was engaged in the exempt activity of assisted alighting for my disabled child (Blue Badge attached).

On the date in question, at approximately 8:00 pm, I briefly stopped outside my residence at [house number, street address, East Ham, E12] in order to assist my disabled child to safely exit the vehicle and enter our home. Due to the cold weather conditions and the absence of available parking spaces nearby (as shown in council photograph 1), it was necessary to stop momentarily directly outside my property.

At no point did I leave the vehicle unattended for any purpose other than assisting my child. I remained with the vehicle and exited only to help my child into the house. During this time, the Civil Enforcement Officer began issuing the PCN. Upon returning immediately to the vehicle, I attempted to drive away; however, the officer obstructed my vehicle and proceeded to affix the notice to the windscreen. The photographic evidence provided shows blurred images, which indicates that the vehicle was already in motion while photographs were still being taken.

The vehicle was stopped solely for the purpose of assisting a disabled child, which constitutes a reasonable and necessary exemption under the assisted alighting provisions. I respectfully request that these circumstances be taken into consideration and that the PCN be cancelled.

Thank you for your time and understanding.

13
Draft version of the appeal:

Dear Newham Council Parking Services,

I am writing to formally appeal the Penalty Charge Notice (PCN) issued to my vehicle for Code 26: “Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place.”

On the date in question, at approximately 8:00 PM, I briefly stopped outside my home on [number, street address, East Ham, E12] to assist my disabled child in safely exiting the vehicle and entering the property. It was a cold evening, and there were no available parking spaces nearby, making it necessary for me to stop momentarily in front of my home.

I did not leave the vehicle unattended for any other purpose. I remained with the car and only stepped out to help my child into the house. While doing so, the enforcement officer began preparing the PCN. As soon as I returned to the car, I attempted to move away, but the officer blocked my vehicle and affixed the notice to the windscreen. The photographs taken show blurred images, indicating that the car was already in motion when the officer continued taking pictures.
This stop was solely for the purpose of assisting a disabled child, which is a reasonable and necessary action under the circumstances. I kindly request that you consider these mitigating factors and cancel the PCN in line with the principles of fairness and reasonable adjustments under the Equality Act 2010.
Thank you for your understanding and consideration.

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