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CPM Parking Charge Notice on double yellow line for a blue badge holder

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  • CPM Parking Charge Notice on double yellow line for a blue badge holder

    Hi All,

    Please refer to the following four links

    PCN Front Side
    https://drive.google.com/file/d/1j1I...ew?usp=sharing

    PCN Reverse Side
    https://drive.google.com/file/d/1jCt...ew?usp=sharing

    Signage
    https://drive.google.com/file/d/10l5...ew?usp=sharing

    Google map location
    https://drive.google.com/file/d/1ouE...ew?usp=sharing


    I was hoping to make an appeal in similar lines

    I, the registered keeper of this vehicle XX99YYY, received a letter dated 02 July 2024 Ref No.99999999, acting as a notice to the registered keeper.
    I contend that, as the keeper, the alleged parking charge is unenforceable and wish to appeal against it on the following grounds:[*] This car is entitled to Blue badge as it was used by Blue Badge holder with the clock correctly set, when it was parked on double yellow lines on Rosemont Road, Wembley, England on the day of the incident. Please refer included evidence.[*] On the day of the incident at incident location (Rosemont Road, Wembley, England), there were no kerb blips to alert the driver to a loading/unloading restriction so the driver had no reason to check for any other signage. As a result the signage is not adequate, and it follows that the contravention alleged did not occur.[*] Under the Equality Act 2010, Blue Badge holders must be treated with understanding and can’t be discriminated against.

    I would kindly like to point in particular :-

    Referring Section 16 of Equality Act 2010 which says you must make reasonable adjustments for people with disabilities:
    16.1 The Equality Act 2010 says that providers of services to the public must make 'reasonable adjustments' to remove barriers which may discriminate against disabled people.


    Q1. Please help me to make a successful appeal. Please advise what else I can add/update to the appeal.
    Q2. I thought Rosemont Road, Wembley, England is under jurisdiction of the Local Authority. Even though the Signage does say 'No parking on roadways / yellow lines at anytime', is a parking charge still valid on a double yellow line on Rosemont Road?

    Thanks and Regards
    Tags: None

  • #2

    No matter how good your appeal, it is unlikely to be successful, because accepting appeals as valid does not produce an income for them.

    Having read the PCN I would not be appealing at this stage, but would await for them to send a "Notice to Keeper", which should come 28 days later

    Regarding the status of Rosemont Road, you need to check with the local authority. There are signs there stating it is a private estate.

    Whatever you do, do not identify the driver either if communicating with them or on here

    Comment


    • #3
      Originally posted by des8 View Post


      Regarding the status of Rosemont Road, you need to check with the local authority. There are signs there stating it is a private estate.

      20 to 39 (inclusive), Wharfeside, Rosemont Road, Wembley
      I have made a Land Registry search which says it's an administrative area of Brent. I have attached Land Registry documents
      Attached Files
      Last edited by disabled78; 8th July 2024, 00:14:AM.

      Comment


      • #4
        A more interesting point gleaned from the land Registry is that the land is owned by Network Rail.
        This puts it firmly in the class of non relevant land as far as PoFA is concerned.

        If you want to appeal at this stage you could write along the following lines:

        Dear Sirs,
        I have received your Parking Charge Notice xxxxx for vehicle VRM xxxx, which was addressed to me the Keeper

        You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act.

        Further I note the land on which the alleged infringement of your rules took place, is owned by Network Rail. As such it is not relevant land as defined by PoFA 2012 and again you cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

        There is no legal requirement to name the driver at the time and I will not be doing so.

        I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
        Yours etc


        I doubt they will accept, but you never know (I live in hope!)

        Comment


        • #5
          Thanks for that.

          Any more information to add on Appeal from anybody else?

          Best Regards,

          Comment

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