PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Lambeth Council - PCN Appeal rejected for Unloading in pedestrian zone following authorisation from parking officer
DC1
post Thu, 6 Jun 2019 - 16:29
Post #1


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



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





Go to the top of the page
 
+Quote Post
8 Pages V  « < 2 3 4 5 6 > »   
Start new topic
Replies (60 - 79)
Advertisement
post Thu, 6 Jun 2019 - 16:29
Post #


Advertise here!









Go to the top of the page
 
Quote Post
DC1
post Wed, 3 Jul 2019 - 18:22
Post #61


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Hi, yes i have registered the first two that were running out of time, i will do the others tonight.

Many thanks

DC
Go to the top of the page
 
+Quote Post
DC1
post Tue, 9 Jul 2019 - 19:41
Post #62


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Good evening all,

I have received a note from the tribunals service stating that my case will 'come into the list for decision' on the 31st July. Would one of you kind members give me some guidance as to how to word my appeal please?

Many thanks in advance
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 9 Jul 2019 - 20:01
Post #63


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (DC1 @ Tue, 9 Jul 2019 - 20:41) *
Good evening all,

I have received a note from the tribunals service stating that my case will 'come into the list for decision' on the 31st July. Would one of you kind members give me some guidance as to how to word my appeal please?

Many thanks in advance

It's reasonable to assume the council have been notified of the appeal by now. They must upload their evidence within 7 days, if they don't, that's a procedural impropriety. Don't worry about wording your appeal, if the council contest the case, I'll just write it for you.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
DC1
post Thu, 11 Jul 2019 - 17:27
Post #64


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



QUOTE (cp8759 @ Tue, 9 Jul 2019 - 21:01) *
QUOTE (DC1 @ Tue, 9 Jul 2019 - 20:41) *
Good evening all,

I have received a note from the tribunals service stating that my case will 'come into the list for decision' on the 31st July. Would one of you kind members give me some guidance as to how to word my appeal please?

Many thanks in advance

It's reasonable to assume the council have been notified of the appeal by now. They must upload their evidence within 7 days, if they don't, that's a procedural impropriety. Don't worry about wording your appeal, if the council contest the case, I'll just write it for you.


Many thanks CP8759, much appreciated.

So, will i hear from the Tribunal service once Lambeth have upload their evidence in order to contest?
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 11 Jul 2019 - 17:50
Post #65


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (DC1 @ Thu, 11 Jul 2019 - 18:27) *
So, will i hear from the Tribunal service once Lambeth have upload their evidence in order to contest?

Yes, but I would still recommend you check the tribunal website every few days just to be sure.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
DC1
post Fri, 12 Jul 2019 - 19:15
Post #66


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Hi guys, like a complete idiot, i have missed the deadline for my remaining appeals to the ETA. i have just read that the adjudicator has the power to extend for another 28 days, is that right ?

Thanks
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Fri, 12 Jul 2019 - 19:36
Post #67


Member


Group: Members
Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (DC1 @ Fri, 12 Jul 2019 - 20:15) *
Hi guys, like a complete idiot, i have missed the deadline for my remaining appeals to the ETA. i have just read that the adjudicator has the power to extend for another 28 days, is that right ?

Thanks


Which ones ? and by how much?


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
DC1
post Fri, 12 Jul 2019 - 19:45
Post #68


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Hi, the final 6, all the NOR's are dated 10th June
Go to the top of the page
 
+Quote Post
hcandersen
post Fri, 12 Jul 2019 - 21:04
Post #69


Member


Group: Members
Posts: 35,063
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



Not 'another 28 days', the adj has the power to accept a late appeal request without limit.

However, you MUST give some reason for lateness, as well as apologise. Heavy workload at work, out of the country, delay in getting info from authority, or whatever.
Go to the top of the page
 
+Quote Post
DC1
post Sat, 13 Jul 2019 - 10:24
Post #70


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Thank you,

I have since entered my wish to appeal stating that i am waiting for documented confirmation from our client (Greggs Bakeries) that the unloading was pertaining to their property. This will be in addition to their works order.

Regards
Go to the top of the page
 
+Quote Post
cp8759
post Sun, 14 Jul 2019 - 18:06
Post #71


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



Who knows whether the tribunal will accept that. You're less than a week late but it could go either way.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
DC1
post Tue, 16 Jul 2019 - 07:14
Post #72


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



I was very lucky, the adjudicator has agreed to allow my appeal even though it was a few days late, giving a list for decision on the 12th of Aug.

Can you guys advise as to what i need to do next or do i simply wait for them to come back to me once the council has submitted their evidence?

Thanks

DC
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 16 Jul 2019 - 10:14
Post #73


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



At this point just wait to hear what happens next. We don't even know if the council will contest the case at this point.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
DC1
post Tue, 16 Jul 2019 - 14:47
Post #74


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



So, i just wait to hear even though i haven't uploaded an appeal or anything to the ETA other than 'detailed information to follow'?

Thanks
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 16 Jul 2019 - 14:49
Post #75


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (DC1 @ Tue, 16 Jul 2019 - 15:47) *
So, i just wait to hear even though i haven't uploaded an appeal or anything to the ETA other than 'detailed information to follow'?

Thanks

Yes, if the council don't contest the case you'll win automatically so there's no point in writing war and peace when there's a chance the council might just cave in.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
DC1
post Wed, 17 Jul 2019 - 18:20
Post #76


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Thanks CP, i'll sit tight then.

DC

Go to the top of the page
 
+Quote Post
DC1
post Wed, 24 Jul 2019 - 19:48
Post #77


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Very surprised today, received yet another PCN pertaining to the same alleged contravention but this time on the 15/03/19.

With regards to the tribunal, the date is fast approaching and i've not heard anything back yet, not sure if their usual tactic is to leave things to the last minute.

Thanks
Go to the top of the page
 
+Quote Post
DC1
post Mon, 29 Jul 2019 - 21:07
Post #78


Member


Group: Members
Posts: 80
Joined: 6 Jun 2019
Member No.: 104,176



Guys,

Only 2 days until the Tribs make a decision and i've still heard nothing, obviously concerned that it'll come along at the 11th hour and catch me out completely.

Should i drop them a line to check on status in case something has been sent and i've not received it?

Thanks
Go to the top of the page
 
+Quote Post
John U.K.
post Mon, 29 Jul 2019 - 21:13
Post #79


Member


Group: Members
Posts: 4,308
Joined: 9 May 2014
Member No.: 70,515



QUOTE
Should i drop them a line to check on status in case something has been sent and i've not received it?


You can telephone tribunal in the morning - used to be helpful when PaTAS.
Go to the top of the page
 
+Quote Post
hcandersen
post Tue, 30 Jul 2019 - 06:43
Post #80


Member


Group: Members
Posts: 35,063
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



the adjudicator has agreed to allow my appeal even though it was a few days late, giving a list for decision on the 12th of Aug.

On 29 July you then posted:

Only 2 days until the Tribs make a decision !!

Did you mean 2 Aug when you posted 12 Aug, or is it 12 Aug?

As regards the 'new' PCN, you must make reps. But obviously these would be contingent upon the result of your appeal e.g. you could just include the adj's decision when (I like a bit of optimism in the morning) you succeed etc! But you cannot include it with those PCNs which are the subject of your appeal. At present the important issue is its date of issue, once we know this we could see whether you would still be within its discount periods after your appeal is heard.

This post has been edited by hcandersen: Tue, 30 Jul 2019 - 06:51
Go to the top of the page
 
+Quote Post

8 Pages V  « < 2 3 4 5 6 > » 
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 19:59
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here