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Notts PCN - rejected by Traffic Penalty Tribunal *** Cancelled*** with advice read on CAG.


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In the past I happened to drop off my mother-in-law at East Midlands airport and was stung by VCS with a PCN. But I successfully managed to Challenge that with the help of @honeybee13@lookinforinfo and @FTMDave. So thank you guys very much.

 

Recently Mrs got a PCN for parking on a single yellow line with a restricted zone access from Nottingham city council.

The restrictions were in force between 16:00 hours and 18:00 hours.

She was issued a PCN at 16:01 hours and she was back in her car at 16:03 hours.

 

we lodged an appeal with the council which was rejected twice

she went to the tribunal where the adjudicator found it in her favour because she should've been awarded a 10 minute grace period.

The council was adamant that she did not deserve a 10 minute grace period because it was in the restricted zone.

 

Just wanted to say that this would not have been possible if I had not been to this forum in the past.

Because coming here and challenging a previous PCN on private land successfully gave me the confidence which resulted in me encouraging my wife to challenge council's PCN. Thank you so much guys, you're doing a wonderful job.

 

I have added the full appeal text below and attached Tribunal communication/judgment.

 

APPEAL:

 

 

 

Grounds of Appeal:

I do not know which ground of appeal is relevant.

 

Appeal Traffic Penalty Tribunal
PCN:.......
 
Dear Sir/Madam,
I have received the Notice of Rejection of Representations from the Nottingham City Council. I would like to appeal based on the my situation and extraordinary circumstances which I believe to be reasonable and justifiable.
 
On the day I had been issued a PCN at 4:01pm and I had returned to my vehicle at 4:03pm (evidence attached) and tried to explain my situation to CEO which was not entertained.
 
At about 2:00pm on 05-Oct-20, I had parked in a single kerb marked area (restrictions in this area apply from 4pm onwards as shown in the photos taken by the CEO) and went to shop for some groceries from the “Goldens Sharif and Sons” superstore (receipt attached with time stamp).
 
1. At the time, the shop had Covid-19 restrictions including queuing outside the shop to let limited no of people into the shop as well as staying 2 metre a part once inside. There were also longer than usual queues at the check-out tills on that day which also added to the time spent in the shop.
 
2. At the time, I also had a 07 months old baby, who had undergone a major surgery on 17-Sep-20 (surgery letter attached). It was also a bit complicated to manoeuvre around with a baby, post operation, who as still in pain and unpredictable with her behaviour and her needs. This also added extra time to the shopping period.
 
In the initial response received by the council as well as the notice of rejection of representation, the officers acknowledged the Covid-19 restrictions adding to longer than usual processing times but decided not to cancel the PCN as they stressed that I should have planned ahead appropriately.
 
I. I would like to differ on the basis that I had planned my journey accordingly but it was not possible to be accurate in the uncertain times prevalent at the time i.e.
a) The queues outside the shop were dependent on the shop’s capacity, based on the no of staff present on that day and the shop covered area, to handle limited no of people.
b) Due to 2m rule, the movement inside the shop was slower and also dependent on the no of staff available at the till to process check out.
Based on the above parameters, shop’s customers’ handling capacity would be subject to change on day to day basis.
 
II. Moving around with a baby who was still in pain and had unpredictable behaviour (including change to feeding and nappy changing times which had yet to be reverted to normal routine), would also add to the time spent doing shopping.
 
Initially, the compliance officer, who decided not to cancel my PCN, also did not acknowledge or entertain the fact that I had a 07 months old baby who was in post-operative recovery.
 
This was, however, included in the Notice of rejection of representations but no leverage was provided by the case officer.
1. Covid-19 Pandemic situation and associated restrictions including social restrictions
2. Recent Surgery of my baby and her post-operative recovery which led to unpredictable behaviour for the next few weeks
3. Shop’s customer handling capacity
4. Availability of the shop staff on the day of PCN was issued
5. Longer than usual queues on the day Having planned my journey well enough,
 
I believe my situation was not normal and the above-mentioned factors played significantly part in my delayed return to the vehicle.
 
I would like to request that a grace period should have been awarded in this case which I believe to be extraordinary.
As per the Equality Act 2010 a case like this should be treated with understanding and cannot be decriminalised against.
I believe my case should be fairly assessed and the PCN should be cancelled.

 

 

Traffic Penalty Tribunal_Redacted.pdf

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That's brilliant news.  Thanks for coming onto the forum and telling us.

 

Yes, the forum does try to empower people and is allergic to those horrible phrases "there's nothing you can do", "best to just give in and pay it", etc.

 

BTW, I've had a look at your other thread, and you're not quite out of the woods with VCS just yet.  Although for the moment they've crawled back under their stone, Simple Simon does have a habit of dusting off old cases and having another go.  They have six years until the "debt" becomes statue barred, so hold onto the paperwork till then.  

 

 

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Very well done and thanks for letting us know. Very much appreciated.

This kind of knowledge is very helpful to lots of people who come here

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11 minutes ago, FTMDave said:

That's brilliant news.  Thanks for coming onto the forum and telling us.

 

Yes, the forum does try to empower people and is allergic to those horrible phrases "there's nothing you can do", "best to just give in and pay it", etc.

 

BTW, I've had a look at your other thread, and you're not quite out of the woods with VCS just yet.  Although for the moment they've crawled back under their stone, Simple Simon does have a habit of dusting off old cases and having another go.  They have six years until the "debt" becomes statue barred, so hold onto the paperwork till then.  

 

 

absolutely. I still remember that advice of yours and have a monthly reminder on my phone to watch out for any comms. also remember that I have to have write to them if I ever change my address.

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