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Postal PCN Manchester city council - vehicle driven away, Parking on single yellow line outside school for one minute!
AMZ001
post Thu, 26 Mar 2020 - 19:15
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Please could someone help?

I went to pick my 5 year old from school. The limited parking spaces which were all taken at the time meant that I was forced to park on the single yellow line. I did not obstruct any traffic, parked safely and literally went in for a minute or so. When I came back a CEO was taking details so I was quick to get in and drive away in the hope that he would let me off as I was only picking the child up and was only there for a minute.

Not sure if it makes any difference but there was a passenger in the car while it was parked.

I think that the CEO was overenthusiastic as I got the attached letter in the post a few days after. I intend to challenge it as I was literally parked for a minute and it just feels a bit unfair. Any help from the members of this forum would be much appreciated.

Thanks
AMZ

This post has been edited by AMZ001: Thu, 26 Mar 2020 - 20:42
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post Thu, 26 Mar 2020 - 19:15
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stamfordman
post Thu, 26 Mar 2020 - 19:22
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Who else was in the car?

Assisted boarding of a primary school child can be argued as an exemption.
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PASTMYBEST
post Thu, 26 Mar 2020 - 19:24
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When your 5 year old leaves school I take it you have to go to collect him or they will not release them?

Are there any more photos ?


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AMZ001
post Thu, 26 Mar 2020 - 20:31
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@stamfordman my wife was in the car.

@PASTMYBEST That's right the school won't let the child out without being accompanied by one of the responsible adult. He is not even in year one, is still in reception!

These are the only two photos on the Council's website

This post has been edited by AMZ001: Thu, 26 Mar 2020 - 20:44
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PASTMYBEST
post Thu, 26 Mar 2020 - 20:55
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There is an exemption for boarding/alighting passengers, in the case of the young old and vulnerable this might need the assistance of the driver. You do not really fall into that as your wife was with you and you could have parked legally and she could have gone to collect the child. Unless there was a reason she had to wait in the car


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stamfordman
post Thu, 26 Mar 2020 - 21:00
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Yes, big mistake - always leave a driver to move on if there are two of you. I speak with many years 'I may have to drive round the block' experience.

As PMB says, why couldn't wife collect.

This post has been edited by stamfordman: Thu, 26 Mar 2020 - 21:08
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AMZ001
post Thu, 26 Mar 2020 - 22:38
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@PASTMYBEST and @stamfordman I agree I am the one who would usually stay in the car but she had been poorly on that day so I was helping out.
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stamfordman
post Thu, 26 Mar 2020 - 22:45
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you can play a straight bat and claim the assisted boarding exemption for a child. No mention of passenger who if more or less immobile is irrelevant.
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Incandescent
post Fri, 27 Mar 2020 - 00:10
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QUOTE (stamfordman @ Thu, 26 Mar 2020 - 22:45) *
you can play a straight bat and claim the assisted boarding exemption for a child. No mention of passenger who if more or less immobile is irrelevant.

Seems to me the presence of another person in the car is irrelevant, the law gives the exemption without conditions. So I would claim assisted boarding.
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hcandersen
post Fri, 27 Mar 2020 - 10:17
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Claiming is not good enough, you must establish.

OP, let's be clear: you are behind the 8 ball and the burden to establish the exemption falls to you because the council have all they need in the CEO's notes, the PCN, the photos and (no doubt) the traffic order.

So, can you establish that:
Assisting the child was necessary;
That you were parked there because it was necessary to do so;
You were parked for no longer than required?

Not just claim that you were, but prove on the balance of probabilities (because this is the legal test which would be applied by an adjudicator, which is where you are heading because you can assume the authority would reject your reps).

From a personal perspective, both through experience on this site and in real life, if your argument was accepted then it would, to quote Case Law, drive a coach and horses through the intention of the restriction which is not there so that anyone can wait and assist their child to school, thereby placing in jeopardy parents and children wanting to cross the road between parked vehicles at this this point. As at least one other poster has commented, we just park where we can lawfully and walk. Actually running with the little terror though alleyways back to the car is part of the fun.

In summary:
The council will reject your reps;
Without you having evidence which satisfies an adjudicator that what you did was necessary, as opposed to expedient, then you'd be looking at the full penalty. Driving away does not assist your case, not so much from an analysis of the objective data but because as you couldn't be bothered to explain your compelling reasons to the CEO at the time then I am certain that your credibility with the adjudicator would suffer.

Anyway, we need the location please and, just to be clear, did you have the child with you and how did you manage to 'quickly drive away' when you needed at least 2-3 minutes to strap them in without even engaging with the CEO. What are the CEO's notes likely to say on this point, I wonder?

This post has been edited by hcandersen: Fri, 27 Mar 2020 - 10:18
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stamfordman
post Fri, 27 Mar 2020 - 10:35
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here:

https://www.google.com/maps/@53.4627845,-2....6384!8i8192
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hcandersen
post Fri, 27 Mar 2020 - 13:29
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John Chrysostom, Archbishop of Constantinople, was an important Early Church Father. He is known for his preaching and public speaking, his denunciation of abuse of authority....l
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