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Lambeth Council - PCN Appeal rejected for Unloading in pedestrian zone following authorisation from parking officer
DC1
post Thu, 6 Jun 2019 - 16:29
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Hi Members,

I'm new to this forum, normally when i'm issued with a PCN, i find it easier to pay than spend hours going backwards and forwards, plus most of the the time i am in the wrong anyway. However, on this occasion i'm staring down the barrel of accumulated fines to the tune of around £800.

Allow me to explain. I am a self employed heating engineer/plumber and my main contract is with Greggs bakeries whose outlets are never in a 'parking friendly' area, my region is London and the southern home counties so it's the nature of the beast. During the months of Feb and March, i was contracted to carry out a bathroom/cloakroom refit in the Greggs flat about their shop in Electric Avenue, Brixton. Those of you who are familiar with the area will know that parking is extremely bad around this town and where Greggs (and a bunch of other shops are located in Elec Ave) there is literally nowhere close at all to leave a vehicle to load and unload. The whole job took around 13 days on and off and on around 10 of those days, i had materials to drop off in the morning and then return the vehicle to a pay by phone parking region.

On the first morning after driving round with about 20 boxes of tiles to drop for about an hour, i stopped at a junction of a small road that led to the side entrance of Greggs which gave access to the residential flat above. To be fair, there was a notice at the entrance of the road stating :

VEHICLES ARE NOT PERMITTED TO ENTER DURING OPERATIONAL HOURS WHICH ARE MON -TUES, THURS - SAT 8AM -6PM, WED 8AM -2PM (EXCEPT FOR LOADING BETWEEN 8AM -9AM AND 5PM - 6PM)

The sign itself is enough to blow your mind.

I sat at the junction (this was at about 11.30am) and clearly saw 2 and sometimes 3 vehicles in the road and to be honest, thought that they must be locals or regulars and gave me impression that parking was quite lax in that road. I decided to pull up into the road and literally at that time a parking officer walked around the corner. I briefly explained my situation clearing showing him my works order and pointing out the goods ready for delivery in my vehicle and where i needed to get them to. He acknowledged that i was in a predicament and verbally stated that he would allow me 10-15 mins to unload and then move my vehicle to an designated parking bay (about a quarter of a mile away) I also told him that i would be returning on and off for several weeks and he simply that if the vehicle is left there for unreasonable amount of time then neither him nor his colleagues would hesitate in giving me a ticket. I thanked him, offloaded my materials and tools for the day and moved my vehicle within about 5 mins so as to not abuse his good will. For clarification, there is no way i could carry the materials for that distance. To be fair, there were some loading bays a few hundred yards away that were consistently occupied and on may of the days, were full of concrete mixers and vans from groundwork contractors as there was major works going on at an adjacent junction.

Then, about a month after, i received a PCN, then another and another up to about 10 in total all showing my vehicle turning into the restricted zone on different days taken by a camera operator!!

I followed the procedure with regards appealing to the council sending copies of the official works order from Greggs, our invoice to Greggs and my letter of explanation written in a respectful manner, all as requested on the Lambeth website to back up my my statement.

Fast forward to today, and i have received 2 rejection letters and no doubt the other 7 or 8 will arrive in the next few day.

To be honest, i am a little surprised as to why this little side road has been designated a pedestrian zone, there are no shops on it, just back entrances to shops for loading and entrances to the row of residential flats above the shops. Also, it is a road, not a paved area the width of two cars so there is no blocking of the road (to pedestrians) if cars are parked. I know this isn't an argument.

To add insult to injury, the pay per park total in nearby designated bays for the time on the job amounted to around £220 so if i have to pay all the rejection letter fines when they come back, that will amount to around £1000.

On the appeal form, it states that if you are appealing under the loading/unloading section, you need to provide supporting documents such as the ones i sent over. Plus i also sent over my Gas Safe Certificate and copy of Public Liability Policy. There can be no doubt that i haven't fabricated my story so taking into account i have submitted what they have asked for, i'm guessing that asking for all that is simply a technicality and they probably don't even ponder the reasons of the appeal.

I am now thinking that the parking officer knew that i would be captured on camera but played it down, not saying he is guilty of entrapment but had he explained that even if he allowed me some breathing space, i might still be caught on camera, i would have not repeated my parking on the subsequent days.

Any guidance would be appreciated.

Thank you





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post Thu, 6 Jun 2019 - 16:29
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cp8759
post Tue, 27 Aug 2019 - 21:09
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You need to find out when the evidence for PCNs LJ11119566, LJ11132611 and LJ11138039 was uploaded, I'm sure it's out of time but we need some evidential basis to support this. An email from the tribunal confirming the date of upload should do.

You also need to upload all the paperwork into the google drive folders when you get a minute, nobody is going to trawl through 7 pages of this thread to cross-reference all the details.


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DC1
post Wed, 28 Aug 2019 - 08:06
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Thanks CP, will have all that done this evening,

DC
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cp8759
post Wed, 28 Aug 2019 - 09:57
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I forgot to mention for the sake of expediency it's not a bad idea to phone the tribunal and ask over the phone when the evidence was uploaded by the council.


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DC1
post Sun, 1 Sep 2019 - 16:33
Post #144


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Hi, apologies for the delay, i lost several and had to completely rescan.

https://drive.google.com/file/d/11qputM_NNr...iew?usp=sharing
https://drive.google.com/file/d/1EHfPFuAjuG...iew?usp=sharing
https://drive.google.com/file/d/1uTJ8wq78mI...iew?usp=sharing
https://drive.google.com/file/d/1MMs5jRPVey...iew?usp=sharing
https://drive.google.com/file/d/1qqa9zeQo94...iew?usp=sharing
https://drive.google.com/file/d/1mjEpWecNOI...iew?usp=sharing
https://drive.google.com/file/d/1tMcNpDQmR9...iew?usp=sharing

As you advised CP, i called the ETA and they said they would e mail the dates that they received the evidence.

Thanks

DC
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DC1
post Mon, 2 Sep 2019 - 19:05
Post #145


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Hi

Just a quick heads up, all my evidence has to be submitted by the 5th Sept.

Was all the info on the uploads okay?

Thanks
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DC1
post Tue, 3 Sep 2019 - 11:26
Post #146


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Hi

I have an answer as to when the ETA received the evidence,

LJ11119566 - 8TH AUG
LJ11132611 - 8TH AUG
LJ11138039 - 2ND AUG

Thanks

DC
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DC1
post Tue, 3 Sep 2019 - 12:09
Post #147


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Member No.: 104,176



Hi

I have an answer as to when the ETA received the evidence,

LJ11119566 - 8TH AUG
LJ11132611 - 8TH AUG
LJ11138039 - 2ND AUG

Thanks

DC
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cp8759
post Wed, 4 Sep 2019 - 14:44
Post #148


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Draft appeal: http://bit.ly/2k4hsYo

Have a read, check you're happy with the contents, then save as a PDF before uploading to the tribunal website.

You should also upload a copy of this: http://bit.ly/2DmNq7N

I can't guarantee success but it's my best shot at it.


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DC1
post Wed, 4 Sep 2019 - 21:20
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Thank you ever so much helping me try and get a fair appeal. Everything has been uploaded and i guess its just a waiting game now.
I will keep you updated,
Thanks again.

DC
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