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buxie34

Should I appeal?

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I'm willing to pay as at the end of the day, I did park on double yellow lines but I'm just after some advice due to the circumstances.

Last night I went into my Indian to collect a meal..yes I parked on double yellow lines directly outside the take away but that was because my teenager ahd fallen asleep in the back seat. He has a heart condition so he is prone to zonking out (No I don't have a blue badge) so apart from there being nowhere near to park legally, I also wanted to keep my eye on the car and my son through the window. After a few minutes a traffic warden walked up to the car and slapped a ticket on the windscreen. I went out immediatly and he said why didnt you park in an allocated bay (which he could clearly see was full) and oh..you have left your window partly open. Yes I replied because my son is alsleep in the back. He replied that he hadnt noticed him but that would make a difference if I appealed? :-?

I know nothing about whether this would make a difference and the warden had obviously printed it out before approaching the car as apart from not noticing my son inside he also put on the ticket that my tax disc was obscured.. well it most definatly isnt but as he didnt even walk up to the car to read it I suspect he wanted to put that from the distance he was away from the car putting its details in, without approaching the car and being noticed by me.. he'd of seen my son inside the car if he had come up to it to read the tax disc (and I'd of seen him and gone out)

Anyways.. The short and simple of this is.. Should I appeal under those circumstances or was the warden just trying to keep me sweet (not that i was ranting lol... I'm a wuss & didnt even scowl at him)

So does it make a difference is someone is in the vehicle?

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Hi buxie, I have no idea about this tbh but i'm sure someone with knowledge will be along to advise you soon.

Hope you resolve this quickly.


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Thanks for your reply Ben.. I've read that it will be double if I pay after 14 days and if I appeal the initail charge may not get frozen so it looks like I'll just have to take it on the chin really as I doubt an appeal would be sorted within the 14 day limit. I am at blame..I DID park on double yellow lines. am just a bit miffed I never had the chance to mve my car as the warden quite obviously stayed ot of sight to print the ticket or he'd of been able to read the tax disc and see my son in the car..I guess he knew I'd of seen him approch the car and didnt want me to move it before he could give me the ticket..oh well

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That tw's for you. I've seen some wardens do some unbelievable things in the past so this wouldnt suprise me at all.

Did you check the double yellows you parked on?


My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

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It makes no difference to the validity of the PCN if someone is in the car.

 

However, I would appeal it if I were you. Get your appeal in within 14 days and they will hold the charge at the discounted rate, and if they refuse your appeal and say you have to pay, they normally offer another 14 days before the discount is forfeited. (Even then you would have the right to take it further if you wish.)

 

Your appeal would be based on mitigating circumstances - the need to have your kid in view while you were in the shop, and all available parking bays taken. It's not a legal defence, but it might get you a discretionary decision, especially if you enclose something corroborating your son's medical condition.

 

Nothing to lose by appealing.

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Without wishing to sound horrible it's a really lame excuse, how could you tell the difference from in the Indian if your son was asleep or unconsious? Using a sick child as an excuse for parking on double yellows to pick up a take away is a bit poor, I very much doubt you sit staring at him 24 hours a day to make sure he hasn't passed out so why is picking up a curry any different?

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Ouch green and mean... yes I do know the difference between him sleeping & being unconsious and it was only because the traffic warden said it made a difference him being in the car that made me come to the forums to question this. I just didnt want to park 2 blocks away leaving him in the car sleeping & if you read back I accepted I was at fault for parking on the double yellow lines. I also didnt even mention to the warden that he has a heart problem.. I just mentioned it here as the reason he zonked out.. it was only 6.55pm and to be honest trying to wake him to walk a few blocks or even carry him is out of the question. I have at no point attempted to use him as an excuse..I had accepted I was as fault and questioned what the warden told me thats all.

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had you pre ordered the take away ?

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Yes Lamma the meal was being cooked before I arrived.. I'm not going to moan at the chef for taking longer though I might nag him next time I go in lol..only kidding ;)

I've found out what i asked anyway...that someone being in the car makes no difference so I won't bother with the appeal. Thanks to all that have responded on my thread :)

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Ah, loading.

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Buxie - you have nothing to lose by appealing. You can appeal on mitigating circumstances, and believe me your case is far more reasonable than many which do get appealed. If it were me, I would write a polite letter asking for leniency.

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And you can also claim the loading exemption since you were collecting rather than ordering your takeaway.

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And you can also claim the loading exemption since you were collecting rather than ordering your takeaway.

 

Assuming it is not a loading restriction and that you can explain why it took however long the vehicle was parked for to walk into an adjacent shop and return with the 'goods'.

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Once loading is established it takes what it takes. I agree, go for the loading exemption. mitigation means nothing, councils don't pay much attention to it on the whole.

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I think they will only accept loading if the meal was pre-ordered and had to be collected, and there were no parking spaces nearby. This should be made clear in the appeal letter.

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Once loading is established it takes what it takes.

 

You can only park for as long as it takes to load, you could not park for 30 mins and claim you loaded a pizza! Just because at some point during your stay you loaded something in the vehicle does not automatically give you the loading exemption.

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You also have to show that the vehicle was necessary for the transportation of whatever was loaded rather than merely a convenience.


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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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In the case of a pre-ordered meal, I think the argument about carrying hot items a long distance might hold sway. If you were collecting them at a pre-arranged time and place, it's reasonable, but not guranateed to win.

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