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 - zwi

Pages: [1] 2 3
1
The Notice to Keeper (NtK) does not comply with PoFA 9(2)(e)(i) and it also negates PoFA 9(2)(f) with the bold wording on the front which is also a breach of the PPSCoP. Because of that, even though they will dispute it, the Keeper cannot be liable and as long as the Keeper does not blab the drivers identity, they will not have any way to identify the driver.

Do you want to dispute it?

Thanks for taking the time to reply.

It sounds amazing that the NtK does not comply with PoFA. I am not familiar with the PoFA rules. If I want to dispute the fine, do I just need to state that I don’t know who the driver was, or do I need to mention all the specific PoFA non-compliance points?

Also, what are the chances of losing the dispute?

Thanks so much!

2

One option would be to appeal on the basis of a “minor keying error” and pay £20 for their costs as a result.
Thanks for taking the time to reply.

I was wondering, how do you know that they charge £20 for a minor keying error? Has this happened to you personally?

Also, how can I prove that it was a minor keying error?

Thanks so much!

3
Hi everyone,

My dad recently received a penalty fine from Parking Eye for parking in Aldi. However, he was not the driver – my mum was driving the car at the time.

It was a new vehicle, and my mum didn’t know the number plate by heart. To make sure she got it right, she took a photo of the plate on her phone. Unfortunately, the picture was slightly unclear, and a part of the top of the plate was cut off. As a result, when she entered the registration number in the machine, she accidentally typed the letter “I” instead of “T”.

We are wondering what the best approach would be to appeal this fine. Should we explain the situation to Parking Eye, showing them the photo to demonstrate the honest mistake? Or would it be better for my dad to simply state that he was not the driver? If he says he wasn’t the driver, does he need to provide my mum's details?

Any advice would be greatly appreciated. Thank you so much!

[ Guests cannot view attachments ]

4
Hi everyone, I’m writing on behalf of my father, who recently received a PCN for Contravention Code 52m at Stoke Newington Church Street (Hackney, London N16). My father is over 70 and doesn’t drive much.

When he arrived at the junction of Marton Road (westbound), he slowed down to read the sign. However, by the time he understood it, he had already entered the street slightly. Since it wasn’t safe for him to immediately make a U-turn, he continued just a few meters further until he found a safe spot to turn around and exit the road.

The Hackney video evidence stops just before he started the U-turn, but you can see his indicator blinking to turn.

Does anyone have advice on how to appeal this PCN? All relevant information is linked below.

Thank you so much for your help!

The location: https://www.google.com/maps/@51.5620933,-0.080191,3a,75y,254.41h,85.1t/data=!3m7!1e1!3m5!1splOKvvJm4wcWiNfnTuM1Ug!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D4.904018324702875%26panoid%3DplOKvvJm4wcWiNfnTuM1Ug%26yaw%3D254.40945264140205!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D

Link for all information:

https://photos.app.goo.gl/hoQMCaRHAAETRhJY9

[ Guests cannot view attachments ]

5
My court is on 25/08/24, Could someone help me draft a good statement for the tribunal?

Thanks so much

6
If you* want to continue(and IMO you have a very strong case) you have until 4 August to register your appeal. But why wait, you might as well do it now...
I have registered my appeal as advised. I lack self-confidence, particularly when it comes to court appearances. Therefore, I prefer to clearly write down my grounds of appeal. This is especially important for the two cases I mentioned earlier that I think can help me. It will be clearer for the judge to see my points in writing rather than hearing them spoken.

7
IMO you need to order your thoughts and evidence from which would come the structure of an appeal.

The wad of vouchers...
The contravention...
The Notice of Rejection...
 
 So in short: whether your appeal focuses on their procedural improprieties in preference to the contravention depends upon the relative evidence. We can see the NoR but there's a lot missing from issues related to the contravention.
Thanks for the lengthy reply.
The wad of vouchers.
1) my father was employments there, till few month ego, when he retried, in the last months he had to miss the job, and I took over if I was available. since than, I become unofficially substitute when someone is unable to come...
2)Those visitors vouchers was mainly used for my own address residential parking ( in different borough, it is cheaper for me this way) and left them in the car. ( please note, its not only vouchers, I have there all papers to do with the car as MOT's, repairs receipts etc...)
3) The voucher from previous day, was from visiting an elderly family member from same zone, not from delivery ! I never use vouchers for delivery's .
4) Yes, I did deliver to this address beforehand.

The contravention
1) The delivery note is dated, see the full picture enclosed, do you mean the date/ name from the person that signed it? I never had somebody that filled all the boxes... in most time they just sign.
2) I redacted it, as I don't think it make a difference to see what was the delivery etc...
anyway you can see it now in the link enclosed.

https://photos.app.goo.gl/F7k58yjphSmLuSgx5

The Notice of Rejection

I send again my representation in the link enclosed (when I send it on Hackney site, I get conformation in PDF that looks like letter from Hackney)

I don't really understood everything,
But this is the history:
15/05/24 pcn served
28/05/24 I challenge it
04/6/24 rejected
27/06/24 NTO
02/07/24 representations
04/07/24 NOR

Does it make sense?

8
What is needed now is the Traffic Regulation Order to see if loading is an exemption from the the conditions for the bay, (permit holders only).

I found 2 cases below that is similar to mine each one in different way.

I think it will good to mention them in my appeal which I still waiting to someone to help me writing a draft, also H C Andersen advice to include explanation of the Visitor's Vouchers... as I wrote, the one that its not upside down left from previous day, and the others that are upside down -all used- since I own this car, I don't think it should make a different for the appeal, do you?

Just to clarify, I didn't carry washing machine, but my delivery was quite big, about 20-30 kg.
As I wrote in my appeal, beside the time of walking from the car and back, I had to wait for the right member of staff to came out to verify the delivery, checking it and signed it for.

The cases (it might also help others)
from: https://www.londontribunals.gov.uk/sites/default/files/keycases/LOADADJ.pdf

1) F & M Services Case Reference 1960130992 Hammersmith and Fulham On 2 February 1996 the appellant’s vehicle M742 MJU was seen parked in Barclay Road in a shared use bay without displaying either a residents’ permit or a pay and display ticket. The parking attendant observed the vehicle for 9 minutes, during which time there was no sign of loading or unloading taking place. Penalty Charge Notice HF37030063 was issued at 12.11pm. The appellant was in fact delivering a washing machine and thereafter paperwork was being completed inside the customer’s premises. This was a delivery in the course of the Appellant’s business ( and even if it were not it would nevertheless be covered in view of the weight and bulk of the goods). Taking these factors into account I am satisfied that the Appellant has given a satisfactory explanation for the 9 minutes during which no activity was seen. Although the paperwork is not specified I am satisfied it was part and parcel of the delivery process. I therefore allow this appeal.

2)
Mr Stephen Rosen Case Reference 1960145537 Hackney On 10 April 1996 in Britannia Walk the appellant’s vehicle D27 KMT was observed parked in a restricted street during controlled hours on a single yellow line. During a 6 minute observation period no delivering was seen to be taking place and Penalty Charge Notice HK02495563 was issued. During the period in question the Appellant, who had been delivering cleaning supplies, was storing them into a storage cupboard allocated for that purpose, which involved stacking and arranging the goods so as not to obstruct the cleaner from gaining access to equipment. Following that he had to wait several more minutes for a signature whilst the consignee was making a telephone call. Although this is perhaps a borderline case I am not persuaded that storing of the cleaning supplies in a cupboard can be treated as part of the delivery. Whilst it was no doubt convenient to store the goods away to make life easier for the cleaner this seems at first sight a separate task from the delivery. The waiting for the consignee to finish his telephone call could in my view be seen as part of the delivery had it been the only delaying factor. I therefore refuse this appeal.

9
OP, please explain the wad of Visitor's Vouchers on your dashboard, I suspect these need to be woven into your appeal.
It was left in the dashboard from previous day that I parked in the same zone (different road!), you can see in the pictures that there is more used permits from this and other zones in the dashboard upside down.

10
Hi

I was delivering goods to a local institute, and the nearest available parking spot wasn't right next to it. By the time I carried all the items to the institute and waited for the person in charge to check, count, and sign for the delivery, more than 8 minutes had passed. When I returned to my car, an officer was already printing the PCN. I tried to explain the situation to him, as shown in the attached pictures, but he said it was too late since the ticket had already been issued.

Additionally, a resident permit was left on my windshield from the previous day, though I hadn't planned to use it for the unloading process.
 
I attached all the correspondence and evidence. I was confident the ticket would be cancelled, so I didn't initially post about it. However, after being rejected twice, I've now reached the final stage of "notice of appeal", Could someone help me draft a better statement for the Appeal?

Thanks so much.

All documents and (14 !!!) photos here: https://photos.app.goo.gl/pbeKY5o5HA2Ymmz17

Location: https://www.google.com/maps/@51.5656438,-0.0585915,3a,75y,56.1h,92.1t/data=!3m6!1e1!3m4!1siv6LvDv-S7ACLZar7A4M3A!2e0!7i16384!8i8192?coh=205409&entry=ttu

11
I wrote to them:

I have received your letter regarding PCN... for stopping on a red route on 07/05/2024 from 11:57 to 11:57. At this time, As you can see in your picture, my hands are on the wheel, I was driving very slowly in reverse into a space which I believed would become free imminently. Even if I did "stop", it was only momentarily while attempting to perform the manoeuvre to reverse as mentioned. I would appreciate it if you could provide me with video footage from any CCTV in the area to support my claim. I kindly request that you review this situation and consider cancelling the PCN.

Today I got Notice Of Rejection enclosed: https://photos.app.goo.gl/M3bMnY1UFMkiWc1f9

Any further advise please

Thanks in advance

12
However to allow us to carry out some basic checks please post the PCN without redacting the number plate or PCN number, as per the guidance here.

Thanks for your advice (again... :) ), I sent already my representation on 21/05/24 and waiting for reply.

enclosed is the PCN with the number plate:

https://photos.app.goo.gl/bYrNEVyCQ12SpiMg9


13

Set against this your defence is that you were stopped only momentarily while attempting to perform a manoeuvre to reverse into a space which at the time of the contravention did not actually exist but you say you believed would become free imminently.

IMO, you'll have an uphill struggle with TfL, but you'll give yourself the best chance by re-ordering your account.

There's also a range of technical matters to be looked at separate from the actual events.

Thanks
I prepare a draft to send, do you have anything to add?

I have received your letter regarding PCN No: GF... for stopping on a red route on 07/05/2024 from 11:57 to 11:57.

At this time, I was driving very slowly in reverse into a space which I believed would become free imminently. Even if I did stop, it was only momentarily while attempting to perform the manoeuvre to reverse as mentioned.

I would appreciate it if you could provide me with video footage from any CCTV in the area to support my claim.

I kindly request that you review this situation and consider cancelling the PCN.

14
So I presume you drove slowly along Ferndale Road towards the main road looking for a parking space, and saw a car preparing to leave. You therefore stopped in front, and waited for the car to leave the bay, then you backed-in.

For this kind of thing it's imperative we see the TfL video of the alleged contravention. You can obtain this by contacting TfL and requesting it. TfL,being in the Dark Ages, send these out as DVDs and also place the PCN on hold for two weeks. Within this time it is expected that the DVD will have been produced and arrived at your address. So request the video, and post it up here when you get it.  Do be aware that the "On Hold" automatically ceases after a fortnight, so if the DVD is not received after about 10-11 days contact TfL again to find out when it was sent, and to request a new On Hold period.

I just called now, and they don't have any video or other picture from the event

15
Maybe you can prove that 01/04/24 was not on Wednesday, as I see you scratch Wed  which was 01/05/24

Pages: [1] 2 3