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PCN Appeal win against Folkestone
roythebus
post Tue, 15 Jan 2019 - 11:24
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I can't seem to my original post in the Council parking tickets section.

My partner's Disco commercial received a PCN for parking on DY in June last year. I appealed stating it was a goods vehicle unloading goods at premises in an adjacent street. The good people on here suggested it was a no win situation, but the adjudicator found in my favour. smile.gif
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post Tue, 15 Jan 2019 - 11:24
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Fredd
post Tue, 15 Jan 2019 - 12:23
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Presumably this one, which was pretty easy to find. You recollection doesn't seem too accurate with regard to the advice given, though: no-one said it was a no win situation.


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roythebus
post Tue, 15 Jan 2019 - 23:43
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Thanks for the link Fredd, my mind goes blank when it comes to computer stuff these days. Being over 65 I'm at technology overload and can't deal with it any more, plus the start of possible dementia doesn't help.
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PASTMYBEST
post Wed, 16 Jan 2019 - 00:00
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Post the decision the grounds for acceptance could help others in the future
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roythebus
post Fri, 18 Jan 2019 - 00:07
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The grounds for acceptance was done by phone hearing. My points: the vehicles is a Discovery commercial, was parked on DYs at night while I delivered some items to premises about 200 yards away. I was away for about 15 minutes. Why didn't I park nearer? The delivery address is don a narrow road with cars parked both sides and had i parked there may not have been able to get out as the road is really that narrow!

The premises was a community hall up a flight of rickety concrete steps; the 200 yards took me a while as I'm losing mobility due to a muscle wasting disease. I delivered the goods, used the toilet, went back to the van and noticed the PCN. th adjudicator suggested in future not to use a generic "it was a goods vehicle being used to deliver goods" but to give a fuller explanation. The council asked for sight of delivery notes etc of which there were none. I explained what I was delivering and she accepted that and told me there's nothing to pay, she accepted my explanation.

I'd suggest for others delivering goods to give a full explanation, after all there's been enough cases won on similar grounds i.e. couriers delivering to the 10th floor of office where the reception desk can't sign for goods.

I think this makes it Shepway 0, me 6.
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The Rookie
post Sat, 9 Feb 2019 - 05:31
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I'd agree, if appealing on a loading/unloading exemption then the more reasons you can give the council to cancel at that appeal stage the better, fuller description (noting that it being a commercial vehicle is irrelevant to most loading cases anyway) and any evidence, even circumstantial (such as a flyer for an event you were delivering to) helps. While still likely to win at tribunal with a full submission unless the council were wholly unreasonable in the first place (at time of issue) I see no reason to take it tribunal unnecessarily.


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roythebus
post Wed, 13 Feb 2019 - 20:28
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The road where I had to park is a very wide side road, not at all busy, quite why it has DYs each side is a mystery; it's not as though there's a stadium or anything each side of the road or even nearby. The road opposite where I had to take goods to is very narrow with cars parked each side; stopping in the middle of the road with about 6" space each side is not viable!

Anyway, I've had running battles with Folkestone nee Shepway DC over the years and have won every time so far. Me 7, Shepway 0. smile.gif
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