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2 tickets while delivering to a family self isolating
MALLIES
post Thu, 18 Jun 2020 - 14:49
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Hi,

My son got 2 PCN's while delivering essential supplies (separate occasions) to a family who are self isolating, do you think there's any chance Brent might accept this as mitigating circumstances?

Thanks.
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post Thu, 18 Jun 2020 - 14:49
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hcandersen
post Fri, 26 Jun 2020 - 08:09
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@stamfordman,

Come on - it was never realistic to try and get an order within the 14 day window

Absolutely.

Which is why I haven't mentioned the order!

The OP has unfortunately brought this on themselves. But it's early days. What they must do is establish whether delivering is a permitted exemption in this type of bay.


The OP, having made a mountain out of a molehill must go to that mountain themselves - and whatever other metaphor or saying applies:

Phone b****y parking and just ask them. Simples.

Not customer service, not highways, just phone parking and ask: is loading/delivering permitted in P&D bays and if so what conditions apply? You don't even have to refer to the PCNs or current events: you are just making an enquiry.
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stamfordman
post Fri, 26 Jun 2020 - 11:19
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My point is we need to be helpful to OPs not used to dealing with parking departments. We know many are not easy to contact at the best of times.

In this case the priority was to draft a challenge. In this the exemption could have been claimed based on reasonable expectation from London Councils guidance, with the backup of the full story on delivering to a family in lockdown. which would have encouraged discretion.

However, now the OP should wait for the NTO and there is plenty of time to get an answer out of Brent. They will I'm sure reoffer the discount as they dealt with the non-challenge as a challenge.

The priority for the OP now is to send a challenge to the other (yellow line) PCN. I drafted this in #37. Usually we'd want a separate thread for this PCN. We haven't even seen this PCN I think.

This post has been edited by stamfordman: Fri, 26 Jun 2020 - 11:23
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MALLIES
post Fri, 26 Jun 2020 - 14:26
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Have started a new thread for yellow line PCN.
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mickR
post Sun, 28 Jun 2020 - 16:57
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QUOTE (spaceman @ Thu, 25 Jun 2020 - 13:49) *
QUOTE (mickR @ Tue, 23 Jun 2020 - 22:10) *
No response to the circumstances put forward, total lack of consideration ?? I would suggest.

They've said in the 2nd paragraph of their letter that they considered them. In fact they say this twice!

The regulations do NOT require them to say why they rejected them. In fact the regulations do not require them to respond at all.


You need to read up on the statutory guideance which the local authorities are expected to follow, section 10. and 10.1 wink.gif
See how the adjudicator reacts to a LA who fails to consider properly. here...
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cp8759
post Mon, 29 Jun 2020 - 09:50
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QUOTE (spaceman @ Thu, 25 Jun 2020 - 13:49) *
The regulations do NOT require them to say why they rejected them.

But the tribunal does require this, see Jaffer Husseyin v Royal Borough of Greenwich (2170256432, 03 July 2017)


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MALLIES
post Mon, 29 Jun 2020 - 12:17
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Hi,

Thanks, have read the guidance but just a bit confused as to whether this would this apply as i didn't actually make any representations, i only asked for information to enable me to make a decision about reps or payment, but Brent decided to treat as reps and reject.

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cp8759
post Tue, 30 Jun 2020 - 08:47
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QUOTE (MALLIES @ Mon, 29 Jun 2020 - 13:17) *
Hi,

Thanks, have read the guidance but just a bit confused as to whether this would this apply as i didn't actually make any representations, i only asked for information to enable me to make a decision about reps or payment, but Brent decided to treat as reps and reject.

Well the council is wrong to treat a request for information as a representation, see for example Giles Fisher v London Borough of Hackney (2160248915, 15 July 2016):

It does seem to me how that the appellant has made a good point, a procedural one about the notice of rejection arising from
what should have been interpreted simply as a request to view. I have accepted there has been some prejudice from that and I
have recorded the appeal as allowed.

This case I hope demonstrates to the Council that there is a distinction between something which is simply and unequivocally
solely a request to view and something which is in, or also has the character of representations.


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