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Messages - Ams

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16
Many thanks.
Emailed TFL as directed.
While submitting representation, noticed the PCN on hold till 08-Nov-23, snipped below.

---------------------------------------------
PCN status history
24 October 2023On Hold: SUS54 - DTES Footage Request (08/11/2023)
N/A

17 October 2023On Hold: SUS54 - DTES Footage Request (01/11/2023)
N/A

03 October 2023PCN Batched
N/A
---------------------------------------------


Have submitted below alongwith relevant clinical letters as evidences (with PCN number and name). The representation reference number - 48234143.


Dear Enforcement Officer

Sub : Challenging the PCN Ref no – xxxx against contravention date 30-Sept-23 at 16:07 hrs.

I am challenging the PCN : xxxx issued by the Transport of London in which I was issued with a 160 pounds penalty charge for having stopped my car at 16:07 on 30-Sept-2023 at O/S 79-87 Kingsland Road, E2

I make the representation on the following grounds :

1 – Exceptional Circumstances :
The reason why I have stopped my car to bring my mother, Ms xxxx,  to the toilet in the Local Vietnamese restaurant located at the place of the alleged contravention, as she was not feeling well.
She recently had a brain stroke suffers from hypertension, is occasionally incontinent due to chronic constipation. Her indwelling catheter bag filled up completely.
Attached is the hospital discharge letter from the Stroke team and the Fraility team (constipation) and the “No Waiting” card alongwith the InDwelling Cathetar passport to use the Toilet Urgently

2 – Blue Badge Holder
I stopped the car within the designated area allowed for the Blue Badge (attached) Holder to park the car which was left on the dashboard.

In light of the foregoing, I respectfully ask the Enforcement Officer to allow this representation and cancel the PCN.

Thanks for your time.

Regards
xxxx

Dear Sir

This PCN has been cancelled now.

Many thanks for your support and guidance.
Much appreciated.

Regards


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17
We are in receipt of FOI response, please refer to the attached file in text and picture.
The obvious next step is to take this to the Information Commissioner's Office, it would be easier if I did that on your behalf. Would you be happy for me to do so?

Yes Please. Any specific information would you need from me

18
If the driver hasn't been identified then APCOA would seem to have unwittingly given you as the keeper a potential lifeline, as they would seem not to have complied with Schedule 4 of the Protection of Freedoms Act (there's a link in my signature at the bottom of each page), and are therefore unable to recover the charge from you as the keeper.

You could therefore appeal as the keeper, along the lines of the below:

Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

Many thanks Sir, highly appreciated your draft. I will send this appeal by this evening.


I tried to list below all events in the chronological order related to this PCN. And have collated all documents / letters within one zip file attached.

07-Sept : PCN affixed on the windscreen of the vehicle with an option to pay £30 (reduced charge) or dispute by making an appeal within 28 days
21-Sept : Representation made by the patient in the vehicle (my mother in this case)
03-Oct : Rejection letter for the representation sent to the Representor (my mother in this case) highlighting appeal can be made to POPLA within 28 days
31-Oct : Appeal to POPLA date expired
03-Nov : Notice to the registered keeper of the vehicle issued (in my name) with an option to dispute within 28 days or pay £60.
01-Dec (future) : Date of expiry to dispute the PCN


Many thanks.

19
Right - understood.

I've removed your first attachment (the Notice to Keeper) as it contains your full name and address. You may wish to redact then re-upload.

To be clear, the driver has not been identified to APCOA at any point?


Uploaded "Notice to the Keeper".
No - the driver was not identified earlier. I presume, APCOA reached out to DVLA to identify the keeper of the vehicle to send the notice.

Regards

20
No appeal to POPLA sent. The original representation against the PCN was made in the patient name who was the passenger in the vehicle and not the owner of the vehicle. This representation was rejected by APCOA.

Now APCOA sent the "Notice to the Keeper" of the vehicle with two options a) Pay the charge, b) appeal to dispute the PCN.

Hope this is clear.
 

21
We are in receipt of FOI response, please refer to the attached file in text and picture.


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22
Dear members

APCOA issued PCN for alleged contravention of parking on Yellow or Hatched lines next to the disabled parking bay.
We displayed Disabled badge on the windscreen of the vehicle (evident in the original PCN attached).
The vehicle was parked at the Northwick Park hospital site (Private Land).
Link to google map :
https://maps.app.goo.gl/igMt4Y9oVxHyLbHz7
51.574576, -0.319030
Harrow

We didn’t observe any Parking T&C and / or other sign displayed around the area where the vehicle was parked.
We tried to recreate the scene in a video where the event happened.
https://youtu.be/VE0qkdOwVI8
https://youtu.be/GanFrBsxq6U

The vehicle was used to transport the patient who was due to attend the clinical appointment at 2pm at the same hospital clinic. However, there was an emergency with the patient where she was rushed to the toilet to avoid soiling her clothes. She carries a "No Waiting Card" with her and also suffers from bowel incontinence due to chronic constipation.
Further, there was ongoing construction work in NPH car park resulting poor availability of the parking in the car parking area. Also, due to this, there was significant delay in finding the parking space to park the car.

The APCOA rejected our original representation and have sent the “Notice to the Keeper” either to pay the penalty charge or make an appeal.
We approached to PALS and they denied.
Response from PALs :
"Further to your email below I have since forwarded on the APCOA Senior Area Manager to look at.  Unfortunately, PALS do not influence and  overturn APCOA’s Appeals department decision.
The Senior Area Manager will respond directly to you.

Kind regards,
Brenda Bennett"


We would like to seek advice from this forum around specific points to consider when drafting the representation.

Attached are specific documents related with this PCN.

Few points are worth noting :
1. The vehicle was parked outside the car park 3. No parking sign found displayed where the vehicle was parked and on route accessing the hospital
2. In PCN, there is no picture attached showing the display of signage and the T&C confirming the contravention. Is there any legal mandate around this point when issuing any PCN ?
3. The parking T&Cs were displayed within the Car Park 3 (CP3) area, however the contravention occurred outside the CP3 zone
4. Other attached pictures, also evidences non-display of signage near the parked car area
5. There is no evidence where the parked vehicle caused any obstruction to any emergency vehicle or caused a risk to other vehicle passenger or pedestrian or so on


Kindest regards
Ams

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23
Write back to the FOI mailbox:

Dear Transport for London,

I hereby request an internal review of the handling information request 2697-2324.

The information request you refer to under reference 0970-2324 is about ULEZ cameras, which have nothing to do with parking enforcement cameras. Indeed, the fact that the rationale that might apply to ULEZ cameras cannot apply to parking enforcement cameras is proven by response 1103-2324, where TFL confirmed on 3 August 2023 that:

The camera you refer to is a street CCTV camera and the camera is a Predator HD/Ultra - H264.

Plainly if TFL has been able to release this information on 3 August 2023, the reasons for refusal of information request 0970-2324 issued on 27 July 2023 cannot be an impediment.

Furthermore, it is hard to see how the information released under 1103-2324 could have any bearing on the exemptions you rely on, I note the nature of the information sought for ULEZ cameras under reference 0970-2324 is very different to the information sought in this case.

Knowing that a particular parking enforcement camera is one particular model or another cannot reasonably have any bearing on any of the exemptions cited under reference 0970-2324.

I invite you to carry out an internal review in light of the above.

Yours faithfully,


Put a reminder in your calendar to chase them up on 5 December if you haven't had a reply by then.

Done.

24
Please refer to attached feedback from TFL FOI team.

Regards

""" TfL Ref: FOI-2697-2324

Thank you for your request which we received on 29 October 2023, asking for information about a CCTV camera outside52-56 Kingsland Road.

Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIRs) and our information access policy.  We do hold the information you require.

Our parking enforcement is assisted through the use of 360 Vision - Predator HD Ultra cameras. However,.......  """

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25
Response from PALs

"Further to your email below I have since forwarded on the APCOA Senior Area Manager to look at.  Unfortunately, PALS do not influence and  overturn APCOA’s Appeals department decision.
The Senior Area Manager will respond directly to you.

Kind regards,
Brenda Bennett"

26
Many thanks - uploaded two videos on YT, link below.

https://youtu.be/VE0qkdOwVI8

https://youtu.be/GanFrBsxq6U


Link to google map :
https://maps.app.goo.gl/igMt4Y9oVxHyLbHz7

51.574576, -0.319030
Harrow

I hear and understood your points. Few clarification points :
 - Wouldn't this mandatory for parking attendant to upload relevant T&C's in the PCN, else the PCN is invalidated ?
 - Will parking on hatched markings contravenes the parking rules on private lands (contrary to public road) and the guidelines laid outs in British Parking Association (BPA) code of practice? 
 - what key differences in laws between public road and private land around parking on hatched lines and /or displaying the signage clearly + t&cs ?

Hope I am making sense.
APologies - I am new to this and may be my questions seems stupid.

Regards

27
Many thanks.
Emailed TFL as directed.
While submitting representation, noticed the PCN on hold till 08-Nov-23, snipped below.

---------------------------------------------
PCN status history
24 October 2023On Hold: SUS54 - DTES Footage Request (08/11/2023)
N/A

17 October 2023On Hold: SUS54 - DTES Footage Request (01/11/2023)
N/A

03 October 2023PCN Batched
N/A
---------------------------------------------


Have submitted below alongwith relevant clinical letters as evidences (with PCN number and name). The representation reference number - 48234143.


Dear Enforcement Officer

Sub : Challenging the PCN Ref no – xxxx against contravention date 30-Sept-23 at 16:07 hrs.

I am challenging the PCN : xxxx issued by the Transport of London in which I was issued with a 160 pounds penalty charge for having stopped my car at 16:07 on 30-Sept-2023 at O/S 79-87 Kingsland Road, E2

I make the representation on the following grounds :

1 – Exceptional Circumstances :
The reason why I have stopped my car to bring my mother, Ms xxxx,  to the toilet in the Local Vietnamese restaurant located at the place of the alleged contravention, as she was not feeling well.
She recently had a brain stroke suffers from hypertension, is occasionally incontinent due to chronic constipation. Her indwelling catheter bag filled up completely.
Attached is the hospital discharge letter from the Stroke team and the Fraility team (constipation) and the “No Waiting” card alongwith the InDwelling Cathetar passport to use the Toilet Urgently

2 – Blue Badge Holder
I stopped the car within the designated area allowed for the Blue Badge (attached) Holder to park the car which was left on the dashboard.

In light of the foregoing, I respectfully ask the Enforcement Officer to allow this representation and cancel the PCN.

Thanks for your time.

Regards
xxxx

28
Have you called? Did they confirm the PCN would be put on hold?

Video evidence uploaded. PCN on hold till 30-Oct-23.

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29
Dear member

We tried to recreate the scene in a video (cant attached due to 25MB size) of the event happened after parking the car on 07-Sept and rushing mother to attend the emergency.

Few points worth noting :
1. The vehicle was parked outside the car park 3. No parking sign found displayed where the vehicle was parked and on route accessing the hospital
2. In PCN, there is no picture attached showing the display of signage and the T&C confirming the contravention. Isn't this Mandatory when issuing PCN ?
3. The parking T&Cs were displayed within the car park 3 area, however the contravention occurred outside the CP3 zone
4. From other attached pictures, also evidences non-display of signage near the parked car area
5. There is no evidence where the parked vehicle caused any obstruction to any emergency vehicle or caused a risk to other vehicle passenger or pedestrian or so on

We will try to contact PALS again on Monday to seek their interventions in this matter.

To be honest, we feel APCOA is trying to milk vehicle owners to generate extra cash at the expense of vehicle owner.

Your help would be highly appreciated.

30
Attached DVD received in post today.

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