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AHassan
Hi Guys, I parked on double yellow to unload a wedding cake outside the venue, when I came back I had got a ticket. What are the ground of appeal?


https://www.google.co.uk/maps/@51.5638381,0...#33;6m1!1e1

Thanks
RottenToTheCore
There are double (no loading) blips along the kerb which indicate no loading at any time.

Post up a copy of all paperwork that you have sent or received, and any photos (yours or the council's). There are instructions here (do not post as a PDF).

http://forums.pepipoo.com/index.php?showtopic=36858
AHassan
Hi see below:





Thank you
Incandescent
As RttC says, there is a permanent loading restriction where you parked, so you're bang-to-rights, I'm afraid. Normally with DYLs one can claim the loading exemption but not in this case.

Edit
The blips are not very well maintained. Visible in broad daylight, but at night easy to miss. How well lit is that street ? Neither blips or double-yellows need signs so really need to be maintained properly. I suggest you challenge on the kerb blips being badly maintained and not easy to see at night, and see what they come back with. They may ignore this point, and you could then take them to London Tribunals for "failure to consider".
AHassan
QUOTE (Incandescent @ Wed, 23 Dec 2015 - 16:47) *
As RttC says, there is a permanent loading restriction where you parked, so you're bang-to-rights, I'm afraid. Normally with DYLs one can claim the loading exemption but not in this case.

Edit
The blips are not very well maintained. Visible in broad daylight, but at night easy to miss. How well lit is that street ? Neither blips or double-yellows need signs so really need to be maintained properly. I suggest you challenge on the kerb blips being badly maintained and not easy to see at night, and see what they come back with. They may ignore this point, and you could then take them to London Tribunals for "failure to consider".


They are very hard to see, to be honest. If I draft a letter can I PM you to look at it please?
AHassan
QUOTE (Incandescent @ Wed, 23 Dec 2015 - 16:47) *
As RttC says, there is a permanent loading restriction where you parked, so you're bang-to-rights, I'm afraid. Normally with DYLs one can claim the loading exemption but not in this case.

Edit
The blips are not very well maintained. Visible in broad daylight, but at night easy to miss. How well lit is that street ? Neither blips or double-yellows need signs so really need to be maintained properly. I suggest you challenge on the kerb blips being badly maintained and not easy to see at night, and see what they come back with. They may ignore this point, and you could then take them to London Tribunals for "failure to consider".


There is no valid time plate either on the site, or is this not needed?
Incandescent
Double yellow lines and blips are 24x7, so no mileage there, I'm afraid. Only the single versions need time and day plates
AHassan
QUOTE (Incandescent @ Wed, 23 Dec 2015 - 20:13) *
Double yellow lines and blips are 24x7, so no mileage there, I'm afraid. Only the single versions need time and day plates


I have sent you a email, thank you
hcandersen
As the PCN does not refer to there being a loading restriction, can we shoot this hare please, kick it into the long grass or whatever.

OP, either you're sending us on a wild goose (as in Christmas) chase by leading us to believe that the non-existent kerb blips were difficult to see (they would be if they weren't there!) or the CEO was blind.

OP, get back to GSV and show us exactly where you were parked.

As regards the contravention in the PCN - which is all that counts - the defence of delivering applies.
Incandescent
QUOTE (hcandersen @ Wed, 23 Dec 2015 - 21:49) *
As the PCN does not refer to there being a loading restriction, can we shoot this hare please, kick it into the long grass or whatever.

OP, either you're sending us on a wild goose (as in Christmas) chase by leading us to believe that the non-existent kerb blips were difficult to see (they would be if they weren't there!) or the CEO was blind.

OP, get back to GSV and show us exactly where you were parked.

As regards the contravention in the PCN - which is all that counts - the defence of delivering applies.

You are right, and silly me for not reading the PCN ! The PCN doesn't mention loading restrictions in the contravention statement, even though GSV does show them on the GSV reference given by the OP, so the loading exemption is claimable for this PCN as it is issued. If they say there are kerb blips then they cannot use this PCN to enforce them, or, (more important), issue a new PCN.
AHassan
QUOTE (hcandersen @ Wed, 23 Dec 2015 - 21:49) *
As the PCN does not refer to there being a loading restriction, can we shoot this hare please, kick it into the long grass or whatever.

OP, either you're sending us on a wild goose (as in Christmas) chase by leading us to believe that the non-existent kerb blips were difficult to see (they would be if they weren't there!) or the CEO was blind.

OP, get back to GSV and show us exactly where you were parked.

As regards the contravention in the PCN - which is all that counts - the defence of delivering applies.



QUOTE (Incandescent @ Wed, 23 Dec 2015 - 22:54) *
QUOTE (hcandersen @ Wed, 23 Dec 2015 - 21:49) *
As the PCN does not refer to there being a loading restriction, can we shoot this hare please, kick it into the long grass or whatever.

OP, either you're sending us on a wild goose (as in Christmas) chase by leading us to believe that the non-existent kerb blips were difficult to see (they would be if they weren't there!) or the CEO was blind.

OP, get back to GSV and show us exactly where you were parked.

As regards the contravention in the PCN - which is all that counts - the defence of delivering applies.

You are right, and silly me for not reading the PCN ! The PCN doesn't mention loading restrictions in the contravention statement, even though GSV does show them on the GSV reference given by the OP, so the loading exemption is claimable for this PCN as it is issued. If they say there are kerb blips then they cannot use this PCN to enforce them, or, (more important), issue a new PCN.


Many thanks for the reply, Shall I appeal this PCN as a loading exemption? If this gets rejected as you said I should then appeal procedural impropriety.

Will draft a letter as soon as I can.

GSV is playing up at the moment!
AHassan
This any good?

I was issued with a PCN number AF50172837, in Cranbrook Road London on 20 December 2015 at 16:3. Please consider this letter my challenge against this PCN on the grounds that I was unloading from the above vehicle to London Darbar.

I was unloading a three-tier cake for roughly 10-15 minutes, for a wedding that was being held at the venue above, there was no parking available to unload this cake. And I had no choice but to park where I parked.

Please cancel this PCN forthwith. If we are unable to reach an agreement, then I understand I have the option of using the services of the Parking and Traffic Appeals Service if required. I look forward to hearing from you soon.

Regards
Incandescent
Good, short and sweet. This is an informal appeal, you can only appeal formally when/if you get a Notice to Owner. Post up their reply when you get it.
Grant Urismo
If you have a delivery note, or some other written proof that you were actually making a delivery to a nearby address, it probably wouldn't hurt to include a copy. When I was delivering in London, I had Westminster accept appeals quite regularly when I included a goods receipt signed and dated by the occupiers of a nearby building.
AHassan
QUOTE (Incandescent @ Thu, 24 Dec 2015 - 10:12) *
Good, short and sweet. This is an informal appeal, you can only appeal formally when/if you get a Notice to Owner. Post up their reply when you get it.


Will get this posted today! Thank you and will post the reply up

QUOTE (Grant Urismo @ Thu, 24 Dec 2015 - 15:01) *
If you have a delivery note, or some other written proof that you were actually making a delivery to a nearby address, it probably wouldn't hurt to include a copy. When I was delivering in London, I had Westminster accept appeals quite regularly when I included a goods receipt signed and dated by the occupiers of a nearby building.


Honestly speaking, it was my friends wedding on Sunday, and the cake I had picked up for the wedding. I have included images of the cake just to prove I was actually dealing with a cake. If I find the cake receipt, I will sent that too.
John U.K.
QUOTE
If I find the cake receipt, I will sent that too.


send a copy, not the original. The same applies to any letter your newly-wed friends write in support.
AHassan
QUOTE (John U.K. @ Thu, 24 Dec 2015 - 15:57) *
QUOTE
If I find the cake receipt, I will sent that too.


send a copy, not the original. The same applies to any letter your newly-wed friends write in support.


Lets hope I can find it! Best to email or post?
John U.K.
Not sure whether to e-mail or post. You posted the initial challenge??

Re-read your posts and see you were deliverng to a venue. Not only get newly-weds to write letter, but also on their headed paper from the venue, confirming your account.

For you supplementary challenge begin along the lines of

RE: PCN ABC12345678

Dear Sirs,
Further to my letter re above PCN of XXth December, in support of the challenge therein, I enclose ......" [whatever you enclose}.

If posting, 1st.Class to same address as before. Post at Post Office and obtain proof of posting (no charge for that).


AHassan
QUOTE (John U.K. @ Thu, 24 Dec 2015 - 17:49) *
Not sure whether to e-mail or post. You posted the initial challenge??

Re-read your posts and see you were deliverng to a venue. Not only get newly-weds to write letter, but also on their headed paper from the venue, confirming your account.

For you supplementary challenge begin along the lines of

RE: PCN ABC12345678

Dear Sirs,
Further to my letter re above PCN of XXth December, in support of the challenge therein, I enclose ......" [whatever you enclose}.

If posting, 1st.Class to same address as before. Post at Post Office and obtain proof of posting (no charge for that).


Perfect thanks!
AHassan
Hi guys, I have not forgotten about you: Got this from the council this morning:

Dear Sir,



Penalty Charge Notice (PCN): AF50172837

Vehicle Registration:


Thank you for your letter concerning the issue of the above Penalty Charge Notice.



Your query has now been investigated and as a result it is considered that there are sufficient grounds for the above notice and penalty charge to be cancelled. No further action will be taken.



Yours sincerely


Thank you! rolleyes.gif biggrin.gif cool.gif tongue.gif happy.gif wink.gif
Incandescent
Well done !!
Hope wedding went well.
AHassan
QUOTE (Incandescent @ Wed, 9 Mar 2016 - 00:36) *
Well done !!
Hope wedding went well.


It did thank you!!! Hope you had a very good easter
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