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Civil penalty charge notices (Councils, TFL and so on) / Borough of Richmond London, parked in a residents only bay, Elm Bank Gardens Barnes
« on: Yesterday at 04:20:02 pm »
A while back I parked my car on Elm Bank Gardens in Barnes early in the morning before the residents only parking period began. I was parked around here: https://maps.app.goo.gl/gEoyMCjbtVhdd68bA.
I returned to my car later that morning to drive home before the permit only holders period began, but unfortunately the battery had gone flat. This was completely unexpected as I'd had no issues driving there in the morning. I then contacted the RAC, but they said they were going to take several hours to get to me, so instead I went to a local garage to borrow an emergency starter battery. I left a note in the windshield explaining I was waiting for the RAC. When I returned I encountered the CEO who was in the process of giving me a ticket. He explained he couldn't cancel the ticket now he had started to issue it, but said he would leave a note on the system explaining the flat battery and that I had returned with an emergency starter battery. I have a photo of the bonnet open, the starter battery on the ground, and the CEO in the background issuing the ticket.
The council have rejected both my appeals, principally on the basis that a flat battery is not a mechanical failure and also that it could have been prevented by routine maintenance. Both seem unfair reasons for a rejection as regardless of whether or not it was mechanical it prevented me from moving the car and I had in fact had the car fully serviced and do maintain it. I am now preparing my tribunal appeal. The notice of rejection was dated the 22nd May so I believe I have until the 19th June to submit this. My plan is to appeal on the basis that the contravention did not occur, and that regardless of whether or not a flat battery is a mechanical failure, it was completely unpredictable and meant the car was immobile. I will also point out that I dealt with the issue as quickly as I practically could. Any additional advice on how I should go about appealing this would be very much appreciated!
My photos and my formal appeal can be found here: https://imgpile.com/p/1hpMbQ9
A copy of the council's photos can be found here: https://imgpile.com/p/oJarx7U
And a copy of the council's responses to my appeal can be found here: https://drive.google.com/drive/folders/18QxYHS10quvp0_1SUmlW--4jJSu6Rd9X?usp=sharing
I returned to my car later that morning to drive home before the permit only holders period began, but unfortunately the battery had gone flat. This was completely unexpected as I'd had no issues driving there in the morning. I then contacted the RAC, but they said they were going to take several hours to get to me, so instead I went to a local garage to borrow an emergency starter battery. I left a note in the windshield explaining I was waiting for the RAC. When I returned I encountered the CEO who was in the process of giving me a ticket. He explained he couldn't cancel the ticket now he had started to issue it, but said he would leave a note on the system explaining the flat battery and that I had returned with an emergency starter battery. I have a photo of the bonnet open, the starter battery on the ground, and the CEO in the background issuing the ticket.
The council have rejected both my appeals, principally on the basis that a flat battery is not a mechanical failure and also that it could have been prevented by routine maintenance. Both seem unfair reasons for a rejection as regardless of whether or not it was mechanical it prevented me from moving the car and I had in fact had the car fully serviced and do maintain it. I am now preparing my tribunal appeal. The notice of rejection was dated the 22nd May so I believe I have until the 19th June to submit this. My plan is to appeal on the basis that the contravention did not occur, and that regardless of whether or not a flat battery is a mechanical failure, it was completely unpredictable and meant the car was immobile. I will also point out that I dealt with the issue as quickly as I practically could. Any additional advice on how I should go about appealing this would be very much appreciated!
My photos and my formal appeal can be found here: https://imgpile.com/p/1hpMbQ9
A copy of the council's photos can be found here: https://imgpile.com/p/oJarx7U
And a copy of the council's responses to my appeal can be found here: https://drive.google.com/drive/folders/18QxYHS10quvp0_1SUmlW--4jJSu6Rd9X?usp=sharing