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VGR
Hi all,

Please help me to appeal against this PCN.
On 3rd of May I drove into Surrey Street in Croydon. This is market street during the week, so it is impossible to drive into it as there are market stalls.
On sunday 3rd of May, I turned off from high street to drive into scarbrook road in croydon, unfortunately another vehicle was broken down on the road and was blocking the scar brook road. So I was redirected by other driver in front and behind me to drive to surrey street, and find way from there. I hesitated as I saw the signs, however it was sunday, and decided to drive into it to turn around. I did not stop or waited there. I had to drive there, as I could not drive reverse, and there were cars behind me. I could have turned around before the camera catching me wink.gif half way down the road. I don't know the area good, so I thought maybe there is a way to turn left or right there to avoid to make 3 point turn. Hence the council camera snapped driving into surrey street and issued me with PCN. It was not purely my fault, as had I have option to drive into scarbrook road initially, I wouldn't have driven to surrey street. I know that this is not a valid reason for council, but that is what has happened. Please help me to fight this, as I did not drive into the surrey street intentionally.
I am posting the copy of PCN and hoping to get some advice on this.

Many thanks everyone!

https://www.dropbox.com/s/arr30vxptyt8mzh/parking.pdf?dl=0
Incandescent
Essentially, you should appeal this based on what you have said here. You are requesting they use discretion and cancel the PCN based on mitigating circumstances. However, don't be surprised if they refuse to cancel as they keep the penalty money. If they refuse, post their letter up here as it may have failed to answer your points. At some point you will have to decide whether to pay-up at the discount, or fight them and risk the full PCN amount. The PCN looks OK so no mileage there.
VGR
Thanks Incandescent,

Do you know how could I raise this points as you mentioned "requesting they use discretion and cancel the PCN based on mitigating circumstances"
I mean what wording should I use to refer to this point

DancingDad
Simply write up what you put in opening post
And at the end request that they use their discretion to cancel the PCN.
Keep it simple.

Best in your own words to help you start
Dear Sirs
Ref PCN ???
On the third of May, immediately before the PCN, I entered Scarbrook Road and fond my way blocked by a broken down vehicle. The driver of the vehicle directed myself into Surry Street.....

Post up what you write for comment before sending
VGR
Dear Croydon Council Penalty Charge Section,

Re: CR10265128

On the 3rd of May 2015, immediately before the PCN, I entered Scarbrook Road and found my way blocked by a broken down vehicle. The driver of the vehicle directed myself into Surry Street.
The road behind me was uphill and there were cars behind me so it was impossible to reverse fully to high street. Yet the Scarebrook road is one-way road. Therefore, I drove into Surrey Street, find small alley where I could reverse and turn around. I did not stop even for a minute anywhere in Surrey Street, nor parked my car. I just drove into it to turn around and to help flow of the other traffic behind me.

Hence, I would like you to exercise your discretion and cancel this penalty charge notice with the above suitable mitigating circumstances.

Regards,
DancingDad
Works for me.
VGR
Thanks DancingDad,

Do I need to sound bit formal - i.e. I request you instead of I would like you or change the content to be more formal?
I know that I have a valid case, but do you know anyone has actually got their pcn cancelled on discretionary basis?

VGR
Hi guys,

They have refused my appeal and send me this letter
Shall I appeal and risk paying an expensive fee or pay the discount rate and not appeal to adjudicator???

Thanks

https://www.dropbox.com/s/6k67gfufwoznn80/p...0%2054.jpg?dl=0
DancingDad
Whether to pay or not is your choice.
You sent a simple set of reps that very nicely explained a problem you had that forced you into the restricted area and very clearly asked for discretion.
They reject stating that you were there and filmed (not in dispute)
That signs were in place (not in dispute)
And that the circumstances offer no exemption (never said they did)

What they haven't done is referred directly to the plea for discretion or mitigation, simply said they will not cancel.
A sympathetic adjudicator may find that the rejection fails to show that they considered the mitigation and cancel the PCN accordingly. Or refer it back to council recommending that the mitigation is accepted. Or simply decline the appeal.
We can only guess.
I'd put it around 50/50, maybe a little higher being as they simply sent a template letter stating the bits that were not in dispute.
But it's your money. Winnable in a personal hearing when your credibility can shine through and a bit of sympathy. But no guarantees.
Incandescent
+1
If this is the way they make their money, (being venal and rapacious), then make them work for it a bit !! If it were me, I'd take them to adjudication on failure to consider as DD says. This is a procedural impropriety, no ifs or buts.
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