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Messages - RW33

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1
The only thing I have to say is that the enforcement evidence only show a certain snapshot of time when the enforcement officer visited the scene. It does not show the situation when the car was initially parked and what circumstances made it difficult to park within the bay. The larger vehicle in question is not shown in any picture by ParkingEye making it look like my car was at fault. I don’t think this is correct. Vehicles move and change positions constantly and the original offending vehicle which forced my car to park badly is not there when the picture was taken. Whether that defence will hold is a completely different question and the one I am keen to know.

2
I don’t think I did. Sorry that sounds odd, but although the text above says so, that is not the same one I used in the appeal. I can’t seem to find the actual text I used. The ParkingEye website now has reopened the case as if I am appealing for the first time, so I can’t see any of the previous document already submitted

3
Thanks, I have appealed separately to ParkingEye and they have come back with a big no. They did not provide proof of obstructive parking nor did they respond to to do difficulty regarding larger vehicle parked badly.

By the way, I have also written to ASDA CEO, and customer support, on June 15th, but they haven't responded.

Should I take it forward to POPLA?

Appeal outcome - https://ibb.co/VWckfhR9

This was what I said -

I am appealing this Parking Charge Notice.

On the date in question I was a genuine customer of ASDA and can provide evidence of my purchase by way of a bank card transaction made during my visit.

The allegation is that my vehicle was not parked within the marked bay. However, the position of a neighbouring vehicle significantly affected the available parking space at the time. I parked as reasonably and carefully as possible in the circumstances presented to me.

The photographs supplied with the Parking Charge Notice do not show the full context of the parking situation and do not include the neighbouring vehicle whose positioning materially affected the available space. As a result, the images do not provide a complete or fair representation of the circumstances at the time.

I respectfully request that this Parking Charge Notice be cancelled.

Should you reject this appeal, please provide:

All photographs taken of my vehicle and the surrounding bays.
Copies of the site photographs showing the signage relied upon.
Evidence that the signage was present, visible and capable of forming a contract on the date in question.
A copy of the contract or authority permitting ParkingEye to issue and enforce parking charges at this site.

I look forward to your response.

Yours faithfully,

4
Sorry, is that a real suggestion? Just asking. I would have thought the CEO of ASDA wouldn’t bother with such things

5
Driver parked the car in the ASDA parking lot slightly beyond the bay line on one side due to a larger vehicle/obstruction next to it. The enforcement picture does not show the full picture due to the angle it was taken. The driver unfortunately has no phone footage to show this obstruction. I am surprised this is an issue they invested time and effort to send a PCN about. The parking bays here are so narrow, I am sure this issue has happened several times before.

Anything that can be done here would be greatly appreciated.

Parking Charge Page 1 - https://ibb.co/Cc8Mryf
Parking Charge Page 2 - https://ibb.co/pj59LrV6
Possible location - https://maps.app.goo.gl/nQQY8YCV8oaGj7LD8

6
A update - Thanks to Hippocrates, Haringey have now agreed to reimburse my payment in full!

7
Thanks! I have appealed, and will update this thread when I hear back.

8
Received this Parking Charge Notice today for use of Pick Up/Drop Off zone at Stansted Airport, even though did not use the zone for pick up or drop off. The parking was booked and paid for at the Airport's Orange Zone Car Park, but took the wrong exit from the roundabout and ended up into the Pick Up/Drop Off zone. Once you are past the roundabout into the Pick up/Drop off zone there is no way to turn back, so are forced to drive all the way to the end of the zone, to use the next roundabout to get to the Orange Zone. As you can see from the time stamps, there was no time for any pick up or drop off.

The signage at the roundabout is also confusing and not clear which exit the car should take. The first exit is the Pick Up/Drop Off zone and second for the Orange zone, but no indication which one from the signage.

Could this be a matter of simply writing to APCOA and showing the booking for the Orange zone and saying this was a mistake?  If not, what can be done? Surely they cannot expect someone to pay a fee just to drive through that stretch of inescapable road without doing any picking up or dropping off. It is not a toll road, or is it?

Any help much appreciated.
PCN Page 1 - https://ibb.co/6RZhDjTV
PCN Page 2 - https://ibb.co/PGvtmsh1
Roundabout exits - https://ibb.co/JRrdQtf9

9
@HC Andersen, it was after 9 pm and Pelham Road is not a busy thoroughfare. It provides access to some properties but mainly it is the entrance and exit for the Wood Green shopping centre car park. The centre itself is long closed by then except for those few people using it because of the 24/7 gym. There were about 3-4 cars which were stuck behind the blockade, but not enough traffic to block the whole road. They clearly had more patience. Unfortunately none of the cars are visible in the video evidence because it all happens after the road curves to the left.

@Hippocrates, thanks. I will respond to your PM.

10
I have now recieved a Notice of Rejection of Representation (see below), saying that although similar representations have resulted in cancellation of PCNs before, each case is individual and do not set a precedent, particularly as legal advice has 'evolved'. My representation was around the PCN flaw suggested by Hippocrates above.

I would love to know how legal advice has evolved since the previous PCN cancellations and my representation.

Happy to hear your opinion on how to proceed with this.

Notice of rejection - https://imgur.com/a/mNVEuHe

11
Thank you, Hippocrates. That gives me some confidence that this can be taken all the way. Do you suggest I submit a representation with the PCN flaw or use the police incident in the first instance?

12
There was no other exit from the car park, but to emerge on Pelham Road and turn right (this is a one way road), where the police blockade was. Instead turned left and emerged onto Gladstone Avenue. The video shows the car emerging on to Gladstone avenue. The police incident in further up the curve in Pelham Road behind where the car is coming from. It is not visible in the video.
Does anyone know where to find report of police incidents in an area on a specific date? I couldn't find any using Google search.

13
Received this postal PCN, due to failing to drive in direction shown by blue arrow, when emerging into Pelham Road from Wood Green Shopping Centre car park. The arrow stated a right turn, however the road was blockaded by police cars, blue flashing lights and ongoing armed police arrest of individuals on the street. It was 9 pm and having waited 20 min already, the situation was not improving. Had to get food and get home. The decision was made to turn left on to Pelham Road and turn into Gladstone Avenue to avoid the blockade. May be I should have waited for as long as needed for the law enforcement to do their duties and be thankful when it was over, but I want to know if anything can be done with this PCN or am I doomed to pay.

PCN - https://imgur.com/a/vSMeIoT
Picture of blockade from other side of Pelham Road - https://imgur.com/a/YPdGEIl

15
Notice of Rejection has finally arrived in my email. Annoyingly it is a week old, as it went into my junk folder.So I have about 3 weeks. My next step would be to appeal to the transport tribunal.

From earlier posts, it seems there are previous successes during the appeal stage. Any help here would be greatly appreciated!

Notice of Rejection - https://imgur.com/a/xjMonxy

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