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PCN - Dead Battery - Loading Bay
StrictlyEP
post Tue, 19 Jun 2018 - 15:50
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Hi all, looking for a bit of advice.

Last month (16/5/2018) I was given a parking ticket by Ealing Council for being in a loading bay.

A little bit of background to set the scene (not necessary, just venting); last December I moved into a new property which was an old office conversion. A lot of the area is becoming residential despite still being an 'industrial site'. There is no residential parking despite the influx of new people, and I've appealed to the council regarding this but they just reply that due to the industrial nature of the area (and the Thames Water works going on) they cannot make parking residential. Similarly, they have to keep the 3 loading bays (6 spaces) down the 200 yard stretch of road outside our building for the same reasons.

This normally isn't too much of an issue to me, as the loading bays are only illegal to use during hours of 8:00-6:30 whereby I'm at work/commuting. On the 14th, when starting the car it didn't sound too healthy and my ABS warning lights came on so I assumed battery was struggling. I ordered a battery that evening. The next day (15th) I couldn't start my car in the morning. I've got one of those portable battery packs that give you a couple of starts off a charge, but that didn't have any luck starting it. I then got an lift to work where I picked up some jumper leads, back to the flat to try start the car but still no joy. I left my car where it was with a note on the windscreen explaining the battery was dead and I was waiting for a replacement. I also left a note on the car in front saying to call me if they move so I could roll it forward (wheel was butted against curb so couldn't properly maneuver it out of the bay).

Come home that evening to the dreaded yellow slip fluttering in the wind under the wiper. I figure I had half a leg to stand on for a couple of reasons, the first one being the fact that I had broken down and had a purchase order to prove it. The second, which might not have any bearing but was a real kick in the teeth for me, was that there was a free space behind the loading bay that I could have moved my car into. However, there was a portaloo in the road blocking the space. I assume the portaloo is there for workers in one of the buildings down the road, but I almost feel like that impingement on the road blocking my vehicle in itself should be grounds for cancelling. A council permitted non-vehicle in the road obstructing my vehicle... Maybe I'm clutching at straws.

So (sorry this is dragging on), I appealed the ticket based on what I've just explained above. Sent them the receipt for battery, showed the pictures of my car, the vacant space behind and the portaloo. This was rejected on the grounds that I should have maintained my car. Now granted the ABS lights came on the day before, but I'd be surprised if anyone replaced their battery without knowing it was actually dead. The first morning it died with me in the bay was on the 16th, and that's the date I got the ticket. It's also the day I got my new battery and replaced it, but evidently was too little too late.

After the first rejection (attached) I replied and reiterated the fact that there was a portaloo blocking the road, and again they rejected the claim (attached) and failed to acknowledge the portaloo. The person who rejected the first appeal was also the same person who rejected the second, which seems a bit flawed to me as I was hoping for another opinion.

So what I guess I'd like some advice on is whether or not I've got actual grounds for appeal, and whether it's worth the gamble of going to a 3rd party adjudicator.

Unfortunately, I fear I've thrown out the original PCN.

Many Thanks,

This post has been edited by StrictlyEP: Tue, 19 Jun 2018 - 15:53
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Attached File  invoice_Battery2.pdf ( 98.69K ) Number of downloads: 39
Attached File  ClaimReply22.pdf ( 181.46K ) Number of downloads: 41
Attached File  ClaimReply11.pdf ( 216.08K ) Number of downloads: 39
 
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post Tue, 19 Jun 2018 - 15:50
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stamfordman
post Tue, 19 Jun 2018 - 16:15
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Was it just the battery - how old was it? I've replaced one that lasted 14 years.
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PASTMYBEST
post Tue, 19 Jun 2018 - 19:49
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There is usually an exemption in the TMO exempting vehicle that cannot be moved for reasons beyond the drivers control. The council view is that you did have control as maintenance would have prevented the problem. They seem not to have heard of maintenance free batteries. Anyway with your evidence an adjudicator is less likely to find the same


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hcandersen
post Tue, 19 Jun 2018 - 21:41
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?
You are required to take whatever action is necessary to move your vehicle out of contravention as quickly as possible, not go off to work etc. This may be your priority but I doubt it would be the adjudicator’s.

IMO, you did not take the necessary action.

According to your account it appears you left the car in contravention for all restricted hours on Mon 14th and Tues 15th and into 16th which is when the PCN was issued.

Yes?

I wouldn’t risk the discount on this basis.
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Incandescent
post Tue, 19 Jun 2018 - 21:49
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Almost all councils, and probably all London councils, will always kick informal challenges into touch because they know that most people don't want to risk losing the discount so cough-up straightaway following a rejection. It is called "gaming the system". You have a perfectly valid appeal here, but you have to stand your ground and wait for the Notice to Owner, appeal that, then if rejected, take them to London Tribunals. Councils also know that appellants to NtOs have lost the discount, so there is now no disincentive on them to appeal all the way, so study their appeal more closely at this point. If it were me, I'd take them all the way if necessary. Modern batteries are invariably "no maintenance", (times move on in the auto industry unlike in councils !), and failures can occur very suddenly. YOu have back-up in the form of the bill for a new battery.
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StrictlyEP
post Wed, 20 Jun 2018 - 10:05
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Thanks for your replies;

QUOTE (stamfordman @ Tue, 19 Jun 2018 - 17:15) *
Was it just the battery - how old was it? I've replaced one that lasted 14 years.


Yeah it was just the battery, I replaced that and all is working well. The battery might be 6/7 years old, it was previously my brothers car and he replaced it a few years back.

QUOTE (hcandersen @ Tue, 19 Jun 2018 - 22:41) *
?
You are required to take whatever action is necessary to move your vehicle out of contravention as quickly as possible, not go off to work etc. This may be your priority but I doubt it would be the adjudicator’s.

IMO, you did not take the necessary action.

According to your account it appears you left the car in contravention for all restricted hours on Mon 14th and Tues 15th and into 16th which is when the PCN was issued.

Yes?

I wouldn’t risk the discount on this basis.


The car was only there during restricted hours on the day of the 16th (parked in spot evening of 15th). I ordered the battery prematurely as the ABS warning lights came on so I assumed something was amiss, but the battery itself didn't die until the morning of the 16th.

I think I'll run the risk and go for the second appeal. If they do hypothetically refute the claim based on the battery being down to maintenance, does the portaloo being in the road give me an alternative arguement?
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cp8759
post Wed, 20 Jun 2018 - 11:53
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QUOTE (DancingDad @ Wed, 20 Jun 2018 - 11:48) *
On this case.
I agree with HCA that if the story comes out that the motor was left in contravention for more then one day, will lose at adjudication.
If the PCN was on the day of the breakdown, should be a winner.

60-40 gamble in your favour.

The OP has already admitted the vehicle had been in contravention for over two days before the PCN was served.


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hcandersen
post Wed, 20 Jun 2018 - 12:36
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The OP is anythng but clear on the sequence of events:

The next day (15th) I couldn't start my car in the morning. I've got one of those portable battery packs that give you a couple of starts off a charge, but that didn't have any luck starting it. I then got an lift to work where I picked up some jumper leads, back to the flat to try start the car but still no joy. I left my car where it was...

The car was only there during restricted hours on the day of the 16th (parked in spot evening of 15th).


You pays your money and you takes your choice!
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StrictlyEP
post Wed, 20 Jun 2018 - 13:05
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QUOTE (hcandersen @ Wed, 20 Jun 2018 - 13:36) *
The OP is anythng but clear on the sequence of events:

The next day (15th) I couldn't start my car in the morning. I've got one of those portable battery packs that give you a couple of starts off a charge, but that didn't have any luck starting it. I then got an lift to work where I picked up some jumper leads, back to the flat to try start the car but still no joy. I left my car where it was...

The car was only there during restricted hours on the day of the 16th (parked in spot evening of 15th).


You pays your money and you takes your choice!


Apologies that's my mistake, the car was only parked in that bay from the evening of the 15th until the evening of the 16th. I got a ticket during the day of the 16th (the first day the car wouldn't start).

ABS lights came on on the 14th so I ordered the battery, still managed to start the car 14th/15th albeit reluctantly. Morning of 16th the car wouldn't start but was the day the new battery arrived.
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hcandersen
post Wed, 20 Jun 2018 - 20:59
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Thanks. Now we can move forward.
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