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Unfair PCN issued By Tower Hamlets re Correctly Validated Visitor’s Parking Permit, Appeal to be made to ETA within the next two days.
Bluredgrn
post Mon, 28 Dec 2020 - 22:59
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Hello

Complements of the season to you all

I desperately need your advice urgently for two cases with the borough of Tower Hamlets. I will however dedicate this thread to one of the cases which is very urgent and later talk about the second case in another thread.

In this case I need to make an appeal to the Environment and Traffic Adjudicators(ETA) between now and the 30 December 2020

On 06/08/2020 I went to see/pick up a friend of the family residing in the borough of Tower Hamlets. This lady is over Sixty and is registered for the Tower Hamlets free online visitor’s permit which is usually applied and validated by her on the visitor’s arrival.

On the day of the alleged contravention, I’d arrived between 10:31am and 10:32am and parked in the residential bay across the road which is literally less than a minute walk to the entrance of the lady’s residential block. I crossed the road to the front door of her apartment block to announce my arrival via her entry phone. She then in between the time I was still waiting for her block lift to take me to her 23rd floor apartment logged on line and validated a free visitor’s parking permit for my car. The time validity shown on her free visitor’s online account was start time of 10:37am to finish of 16:36pm.

I was however surprised to discover when we both later got to the car to find a PCN ticket on the car. The PCN stated the following,

Contravention Time At/From 10:32 to 10:32
Contravention Code 19S
Parked in a resident shared use parking place with an invalid virtual permit or displaying an invalid physical permit or voucher or pay and display ticket or after the expiry of paid for time

Judging from the contravention time stated on the PCN, it is apparent that the traffic warden must have seen me cross the road and immediately stepped to the car and issued the PCN as soon as I turned the corner to the Lady’s block front door announce my arrival.The total time it took from my alighting from my car to her validating her free visitors permit couldn’t have been a few seconds over five minutes.

I have made two representations(which included a statement from the resident I went to see as well as the screen shot of the online validation of the free visitor’s permit for my car) refuting the alleged contravention.

I did not park with an invalid virtual permit nor displayed an invalid physical permit or voucher or pay and display ticket or after the expiry of paid for time. I arrived virtually around the alleged contravention time of 10:32 and crossed over to announce my arrival and the lady validated the online permit within five minutes.

The initial response to my first challenge was that “it is the responsibility of the driver to ensure they abide by parking regulations at all times” Is that what I went to sort out as soon as I parked the vehicle? Is there no allowance given for a visitor to announce their arrival to their host and for the host to log on to their website to apply for/ validate the ticket?

The response from them to my second representation states, “Please be advised that certain contraventions are subject to an observation period, while for others, the PCN will be issued instantly like in your case”

The second letter of rejection I received from them is dated 03 December 2020. It stated that before the end of the period of 28 days beginning with the date of service of this this Notice of Rejection, I must either,

-pay the full amount of £80 or
-appeal to the Environment and Traffic Adjudicators (ETA)

I find this saga distressing and annoying and until a friend pointed me to your forum today(I had been stewing in anger as to the unfairness of this Local authority) I did not know how to proceed forward to right this wrong.

Please people, help me.

Thank you

This post has been edited by Bluredgrn: Wed, 30 Dec 2020 - 22:14
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post Mon, 28 Dec 2020 - 22:59
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PASTMYBEST
post Fri, 12 Feb 2021 - 13:38
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QUOTE (Bluredgrn @ Fri, 12 Feb 2021 - 13:13) *
QUOTE (Bluredgrn @ Thu, 11 Feb 2021 - 13:06) *
Thank you guys.

Can I still ask for cost? It would be nice if this unreasonable local authority compensated me for all the stress and anxiety they put me through.



QUOTE (DancingDad @ Thu, 11 Feb 2021 - 14:00) *
Let's have the decision number so we can see the wording first.
No reason you cannot ask for costs but is a high bar and the wording may give us a clue to how successful and how to word any claim.


The link below is for the decision letter that came through my email today.

https://ibb.co/QD8Ww4D

Does the wording give any clue to probability of a claim success? Also can a claim for cost still be put in after the judgement? Having been told I won yesterday I was too relieved/excited to remember my intention to ask for cost there and then.

Sorry to keep bothering you guys, I’m very green in matters like this.


It is unlikely a claim for costs would succeed.. The adjudicator was correct in that the CEO could not be faulted and what is a reasonable time is subjective. I do not think the very high bar would be reached


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Bluredgrn
post Fri, 12 Feb 2021 - 14:01
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Thanks PMB for your response.
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DancingDad
post Fri, 12 Feb 2021 - 16:36
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QUOTE (PASTMYBEST @ Fri, 12 Feb 2021 - 13:38) *
.........
It is unlikely a claim for costs would succeed.. The adjudicator was correct in that the CEO could not be faulted and what is a reasonable time is subjective. I do not think the very high bar would be reached

Plus 1
No reason not to submit a claim but the wording on the decision would not help one at all.
To succeed you would have to show that the authority acted totally unreasonably in rejecting challenges.
Against an adjudicator saying that having spoken to you, he did not believe that unreasonable time was taken, the important bit is that he believed while the council didn't and that is not a view that would be seen as wholly unreasonable.
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cp8759
post Sat, 13 Feb 2021 - 20:27
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No chance whatsoever of a costs order, not even one in a million. I wouldn't waste the adjudicator's time, it would just delay someone else getting their appeal decided.


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hcandersen
post Sat, 13 Feb 2021 - 20:50
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To succeed you would have to show that the authority acted totally unreasonably in rejecting challenges.

I agree.

Perhaps referring to the authority's written statements:

'a motorist must check carefully on each occasion before leaving the vehicle...'

'..please be advised that for certain contraventions a PCN will be issued instantly as in your case


Compare and contrast with the adjudicator's reference to the law:

On parking a vehicle in a parking place a motorist is of necessity allowed a reasonable time to do whatever is necessary to validate their parking..'

The CEO's issuing of a PCN without a suitable period of observation and the authority's repeated misstatement of the law show that there is a clear systemic failure within the authority.
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