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Council took 79 days to respond to my informal challenge
macgabhr
post Wed, 26 Jun 2019 - 11:13
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Hello All,

I wanted to ask for your help and opinion on whether to challenge a PCN or not.

I received a PCN on 06/04/2019 for parking my vehicle parked in a restricted street during prescribed hours (parked on single yellow lines when restrictions are in force). The hours of restriction are 7:00am to 7:00pm Monday to Saturday. The photographic evidence to support this PCN is available online and I don't dispute it is my vehicle. However, I'm a chef and was running an event where I parked my car outside the bar to unload my equipment, there's a lot of it and I had to go in and out of the bar several times over the course of 10-15 mins. I saw the officer outside and came to him to explain the above - he reckoned I was not continuously unloading during the time frame so he issued the ticket. I disagreed but he left the ticket. After reviewing the photographic evidence, see below, I noticed the pictures all occur within the space of 2 mins (only uploaded the relevant ones). I responded with the following.

https://imgur.com/6YP4ixC

Image 2

I am writing to you in dispute of a parking fine I have been issued on Saturday, April 6th at approx. 11am. The evidence provided is indeed my vehicle, however, I was delivering goods to a local bar (Goldfinch on Mitcham Road) for an event where I was parked. I was unloading catering equipment which necessitated me to park next to the bar. I have no problem if you would like to consult with the owner of the bar to verify I was indeed unloading my vehicle, his name is Paul ***** and can be contacted on 075*******. Wandsworth borough regulations allow drivers to park for a short period for the purpose of delivering or collecting goods or for loading and unloading. As the evidence in picture 3 states I am lawfully allowed to park my vehicle should it necessitate unloading of appropriate goods during the time my vehicle was parked. The evidence uploaded shows my vehicle stationary from 11.50am to 11.52am, this is a maximum of 120 s where my vehicle was unattended. Given the nature of the goods, I was delivering and where in the bar (basement) it is not unexpected to take more than 120 s to unload and deliver goods, therefore, I do not believe this is within the grounds of issuing a ticket whilst unloading a vehicle.

I got an automated response stating

QUOTE
All correspondence received about a Penalty Charge Notice (PCN) is dealt with in chronological order.

Depending on the stage of the PCN, your inquiry will be now be placed on hold and passed to the appropriate parking team and an officer will reply to you as soon as possible. We aim to respond usually within 14-21 days of receipt for inquiries received in response to a Penalty Charge Notice (PCN), which has been served to your vehicle windscreen.

Please be advised that if you have not received a reply from the Council within this time we have up to 56 days to reply to a formal challenge.

For details of the parking appeals process please refer to our www.wandsworth.gov.uk/parking website.

You may additionally find further useful information on the Parking and Traffic Appeal Service website at www.parkingandtrafficappeals.gov.uk/

Please do not reply to this acknowledgment. If you have any further questions please call our Parking Helpline on (020) 8871 8871 Mon-Fri 9am to 5pm.

If your inquiry is received within the discounted period that is stated on the PCN, then please be assured that we will re-offer you the opportunity to pay the Notice at the 50% reduced rate in the event that the charge is upheld.


So after 79 days, I received an email with the following text

Response 1

Response 2

Regrettably I didn't upload any evidence that I was, in fact, working at an event in the bar, however, my question is this, do I have a case given the fact I was unloading equipment and the evidence is not sufficient to show I was not, given the time frame, and also on the grounds of duty to act fairly and expeditiously when dealing with enforcement and stating the cases below.

Jose Luis Aguilar v London Borough of Newham (217042413A, 26 October 2017) http://bit.ly/2QvGj2O where a delay of 78 days was held to be a breach of the duty to act fairly

Elizabeth Kehinde v Royal Borough of Greenwich (2180261257, 31 July 2018) http://bit.ly/2K6oGWa where a delay (although longer at 99 days) in responding to informal representations for a parking PCN was held to be a procedural impropriety.

Thanks in advance

Rob
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macgabhr
post Mon, 5 Aug 2019 - 17:44
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Evening All,

I've finally received my notice to owner document and wish to clarify something before appealing online.


They're several options for grounds for appeal, as can be seen in the attached file. I'm thinking it's either F or G option. Effectively the parking officer applied a ticket as he saw fit but once I spoke to him he couldn't withdraw it and the process started, any thoughts.

I have all the other documents ready to go too.

Cheers

Rob

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post Mon, 5 Aug 2019 - 17:44
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PASTMYBEST
post Mon, 5 Aug 2019 - 17:53
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QUOTE (macgabhr @ Mon, 5 Aug 2019 - 18:44) *
Evening All,

I've finally received my notice to owner document and wish to clarify something before appealing online.


They're several options for grounds for appeal, as can be seen in the attached file. I'm thinking it's either F or G option. Effectively the parking officer applied a ticket as he saw fit but once I spoke to him he couldn't withdraw it and the process started, any thoughts.

I have all the other documents ready to go too.

Cheers

Rob


The contravention did not occur and procedural impropriety because of the delay


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