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PCN on broken double yellows
Hardy12
post Sat, 8 Jan 2022 - 22:07
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Yesterday I received a PCN while collecting my toddler from grandparents. I was parked on double yellows but they are so faded I had assumed they weren't being enforced anymore.

I was putting the baby in the car as he was giving me a ticket. I explained that I was picking up my child and the yellow lines weren't clear but he said it didn't matter and issued a ticket and handed it to me. Can I challenge that I was loading and unloading and on the broken double yellow lines?

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post Sat, 8 Jan 2022 - 22:07
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Hardy12
post Wed, 2 Mar 2022 - 22:45
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[/quote]
Well it depends on what you mean by "help get my son ready", was he ready and did you just check you had everything? Was he asleep in his cot and not ready at all? Something in between? Details are important.

And by "say goodbye to everyone", was this a quick goodbye or hugs and kisses all round?

These are the sort of details you really want to get straight because once you provide a factual account, it will look awfully suspicious if you go back and change it later on.
[/quote]

Ok I'm getting myself bogged down in the details. The facts are, I parked outside my baby's grandparents house. There was no where else to park and it's a busy road while I collected him. I was there for a few minutes. While I was putting him and his belongings in the car I was given a parking ticket. The ticket says the CEO waited 4 mins and observed no loading or unloading. However, the ticket references the conversation where I advised him I was putting my son in the car and he handed me the ticket.
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cp8759
post Thu, 3 Mar 2022 - 00:42
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OK that's much, much better. You've now got a sensible draft, the only thing I'm not sure about is "However, the ticket references the conversation", the PCN will not reference any conversation?


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Hardy12
post Thu, 3 Mar 2022 - 13:12
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Not the PCN sorry, the letter I received from the council in response to my first appeal.

I'll redraft the whole lot and post later. Thanks
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Hardy12
post Mon, 7 Mar 2022 - 12:36
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Updated draft. I will submit today. Thanks for the assistance.


This PCN was issued under contravention of Code 1: Parked in a restricted street during prescribed hours.
On Friday 7th January 2022 I received a PCN while collecting my toddler from grandparents who were looking after him while I was at work.
I parked outside my baby's grandparents house for a few minutes while I collected him. There was nowhere else to park and it's a very busy road. While I was putting him and his belongings in the car I was given a parking ticket. I explained that I was picking up my child and his belongings but the CEO issued a ticket and handed it to me.
After he issued the ticket, I finished putting his belongings in the car, fastened him into his car and left.
Please note: this is a clear case of boarding a passenger who due to age required assistance from the property to the vehicle so please cancel this PCN.
I have challenged the PCN and I received a letter dated 18th January 2022 which did not cancel the PCN for the following reasons:
The letter states my vehicle was first observed at 15.57 and the Penalty Charge Notice was issued at 16.01 and that the CEO observed my vehicle and saw no loading or unloading taking place. The letter then goes on to reference the conversation I had with the CEO, where I mentioned a grace period, which took place during the 4 minutes my car was observed and while I was putting my son and his belongings into the car. The ticket was not placed on my windscreen but handed to me during this conversation.
I took pictures at the time which show my grandson being held by his grandmother next to my car. The meta data for this picture has a time stamp of 15.59 7th January 2022. When I was handed the PCN, I placed it on top of my son’s belongings in the car and took a photo. The meta data for this photo is 16.00 7th January 2022. I have included the two photographs taken and I have also included evidence of the meta data for the pictures proving that I was boarding my son when the PCN was issued.
I made these representation in my original appeal however the letter states ‘whilst I appreciate your comments a driver may only stop the vehicle to allow passengers to board or alight the vehicle. The driver should remain with the vehicle’.
Having looked carefully at the mitigating circumstances on Cheshire East Council Website: MC33 states. ‘Where the motorist has stopped on any contravention to drop off someone. If, in exceptional circumstances and subject to observations times, the motorist had to escort a passenger to their destination.’ This does not mention that the driver should remain in the vehicle and I can find no mention anywhere that the driver should remain in the vehicle.
Additionally, code 1 Parked in a restricted street during prescribed hours, under which this ticket was issued 01 specifies that ‘Loading or unloading activity (this is allowed except when vehicle parked within a pedestrian zone)’ This does not mention that a driver must stay in a vehicle and I have demonstrated that during the observation time I was loading my car.
The letter of rejection of my original challenge is in fact totally unrelated to my representations, and that this is a failure to consider representations and a procedural impropriety.
I have also included a witness statement from my son’s grandmother to confirm that on 7th January during the times discussed, I was picking up my son and putting him my car.
Please cancel this PCN as it is a clear case of assisted boarding and there has been a procedural impropriety by the enforcement authority.
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Gert
post Mon, 7 Mar 2022 - 19:45
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Para Two, "while I was putting him etc" clarify how many trips back and forth to load the usual bits and pieces (did it include the child seat). Always useful to build a picture of the scale and volume of what you were carrying front door to car, and why it took so long.

I would suggest beefing up that the 4 minutes observation time includes the period where you spoke to the CEO and waited for him to generate the PCN to hand to you , which gives the wrong impression of the actual time taken to load up and go.
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cp8759
post Fri, 11 Mar 2022 - 22:45
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QUOTE (Hardy12 @ Mon, 7 Mar 2022 - 12:36) *
Updated draft. I will submit today. Thanks for the assistance.

Just seen this so I assume you've submitted it already. Let us know what they say.


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Hardy12
post Sun, 20 Mar 2022 - 18:54
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Hello,

Everyone, I've had a letter from Cheshire East confirming they have cancelled the PCN. Thanks for the amazing help. Another victory for the board.
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Incandescent
post Sun, 20 Mar 2022 - 19:03
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QUOTE (Hardy12 @ Sun, 20 Mar 2022 - 18:54) *
Hello,

Everyone, I've had a letter from Cheshire East confirming they have cancelled the PCN. Thanks for the amazing help. Another victory for the board.

Well done. So at least one person in dozy and venal Cheshire East Council knows the law on boarding and alighting passengers.
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