Broken Down PCN Issued By CCTV - Tower Hamlets London

[Metatrade]

Hello CAG members.

 

After receiving a PCN for a contravention in Tower Hamlets Old Montague St E1, I have composed this appeal. I was parked for about 15 mins and there was no traffic warden visible so no ticket issued at the time. The PCN has stills taken from a CCTV camera.

The appeal explains all and I would like to ask members if I have overlooked anything and if I should add / remove anything for a satisfactory outcome.

Dear Sir / Madam,

I wish to appeal the above PCN issued by CCTV on the following grounds:

The vehicle had come to a stop in Old Montague St for a short period of time because it had stalled and broken down. During attempting and failing to restart the engine it was observed that the engine temperature began to rise suddenly and approach the red. The vehicle had become immobilized due to the engine over heating. There were no warning lights or any other indication that there was a problem prior to the engine stalling.

After a short while when the engine had cooled, The vehicle was able to be restarted and driven a short distance to a location where it was possible replenish the water supply.

Upon replenishing the water supply it was observed that water was leaking from the engine and as it would have been impossible to continue the long distance journey back to Derby with the vehicle in that state, a local mobile breakdown repair mechanic was called out to investigate the cause of the water leak and effect a repair. an invoice for the work carried out at that time can be supplied as evidence.

The oil and water levels on the vehicle were checked only 30 minutes prior to the breakdown before embarking on the long distance journey from London to Derby and they were found to be adequate.

I would ask that you view all of the CCTV video evidence in its entirety, It can be observed that while the vehicle was immobilized momentarily in Old Montague St, at no time did the driver or any passenger exit or enter the vehicle. The vehicle was never left unattended and at no time was the vehicle loading or unloading. There was no other reason and nothing to gain by stopping in Old Montague St other than the reasons that have been described above.

Unfortunately, during the short time that the vehicle was immobilized in Old Montague St, there was no traffic warden available to explain the breakdown/overheating situation to. I would also like to point out that no warning signs are in place at this location stating that CCTV surveillance is being carried out.

Unfortunately even when due care has been taken, breakdowns do occur and they are beyond our control. In light of these unforeseen and mitigating circumstances resulting in the vehicle becoming immobilized, I would ask you to kindly cancel this parking ticket.

If you reject this appeal please I would ask you to inform me of where and how I could view the CCTV footage and lodge an appeal with an independent adjudicator local to me in Derby or via telephone. I would also ask you to send with your response a copy of the relevant traffic order and proof that the camera in use is an approved device. Please consider this a request under the freedom of information act.

I would also ask that you address all of the points in my appeal and acknowledge receipt of this email.

Yours faithfully,

The Pied Piper

Should I send the garage repair invoice with this first appeal ?

If this first appeal fails, Do I get the option of another appeal and should I wait to send the invoice then ?

Would it be better to appeal to their good nature in the first appeal and then indicate that I would be willing to go to an independent adjudicator if the second appeal failed ?

Is it worth mentioning that no warning signs are in place at this location stating that CCTV is in operation ?

Thoughts ? Chances ?

Thanks

Edited August 22, 2014 by Metatrade

[Michael Browne]

Should I send the garage repair invoice with this first appeal ?

Yes, but a photocopy, not the original

[green_and_mean]

If you broke down just appeal on those grounds. Why would you want to view the footage you broke down you know that, what really is the point of making FOI requests about ccrv etc it just makes you look stupid?

[Jamberson]

I would just delete everything from "Unfortunately, during the short time..." onwards. Enclose a photocopy, as suggested, and you have a pretty good appeal.

[Metatrade]

If you broke down just appeal on those grounds. Why would you want to view the footage you broke down you know that, what really is the point of making FOI requests about ccrv etc it just makes you look stupid?

 

The point being to make them aware that I will not accept rejection and i WILL take it to an independent adjudicator.

[Jamberson]

[green_and_mean]

The point being to make them aware that I will not accept rejection and i WILL take it to an independent adjudicator.

 

I expect they are really scared now!!

[Metatrade]

I expect they are really scared now!!

 

Yes hopefully they will be quaking in their boots ....

 

With the invoice and their own video evidence showing that the driver never left the vehicle, I think they will be aware that an idependent adjuducator should decide in my favour.

 

I think they should be made aware that I have intentions of taking it there if rejected.

[ashmk]

Don't get their backs up with comments you can do without. Keep it short and sweet. I broke down, here is proof. Job done.

[green_and_mean]

Yes hopefully they will be quaking in their boots ....

 

With the invoice and their own video evidence showing that the driver never left the vehicle, I think they will be aware that an idependent adjuducator should decide in my favour.

 

I think they should be made aware that I have intentions of taking it there if rejected.

 

If I were dealing with your appeal I would reject it just for tone of the letter after all its not going to cost the person who reads the letter anything is it?

Councils deal with hundreds of letters a week and follow a protocol for dealing with appeals based on the contravention, grounds for appeal and exemptions. Making threats about going to the adjudicator never comes into it, you either have supplied grounds to cancel or you don't.