Appeal rejected - CCTV incorrect!

Charliezoo

Here's my original post - https://forums.moneysavingexpert.com/discussion/4224965

I parked in a loading bay to pick up a holdall from a residential address on the same street and received a PCN from TFL. I appealed and explained that it was a heavy holdall, I was picking up from a resident with a spinal injury, I am pregnant and had to cross a busy road, etc. I had a witness statement from the resident and he included evidence of his spinal injury. My appeal has been rejected on the grounds that I returned to my car 'empty handed' which is simply not the case, the CCTV footage they refer to must have shown me return with the holdall, they're denying I carried anything back to my car and as a result was misusing the loading bay. They have included 3 photos none of which show me actually returning to the car which is convenient.

I will obviously view the CCTV footage which will annoyingly cost me £10 before appealing to the adjudicator but I am curious to see why they're saying I was empty handed - where was the holdall I was carrying in the footage? Unfortunately if my appeal by the adjudicator fails then I will have to pay the full fine which is £130 so I must say I am tempted just to pay the £65 and have this all finished but I am angry that they're trying to say I wasn't carrying a holdall when this should be proven on the CCTV.

I would be interested to know what everyone's views would be on appealing further.

Thanks

Sirdan

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Charliezoo

Thanks I have done, I got a lot of help from them with the original appeal. I'd just like the point of view from the guys on here too. Pepipoo is great but it can take a while to get a reply so I thought I'd ask on here too.

Coupon-mad

Charliezoo wrote: »

Thanks I have done, I got a lot of help from them with the original appeal. I'd just like the point of view from the guys on here too. Pepipoo is great but it can take a while to get a reply so I thought I'd ask on here too.

I would not pay the £10 to see the footage, don't do this, as a matter of principle. You will see it in the Council's evidence pack if they are daft enough to want to let you take this to adjudication.

Have you bumped your pepipoo thread today so they see it tonight at the top of the threads?

You are allowed to load/unload, as I am sure you know already so stay on the case. Also have you read the info against a Council arbitrarily using sneaky cameras to enforce PCNs in places where clearly they should have used CEOs on foot (who would have seen you and probably you wouldn't have been ticketed at all):

http://notomob.co.uk/discussions/index.php?topic=867.0

You should win this so stand firm and don't waste the tenner as you cannot reclaim it.

maninthestreet

How big was this 'holdall' ?

Coupon-mad

maninthestreet wrote: »

How big was this 'holdall' ?

IMHO it doesn't matter really as long as it wasn't really small.

Postal packets are OK to collect so an average holdall could be too, especially with these circumstances. It's a myth put about by Councils that items have to be heavy to be allowed for a loading exemption - especially when the OP is pregnant, which has a detrimental effect on muscle strength in every woman throughout pregnancy (true).

And on top of all that, the resident has a chronic spinal condition which makes him disabled under the Equality Act, so he shouldn't have been struggling across the road with a holdall himself.

I think the OP should continue to appeal. There are several grounds for formal appeal here, especially if they have lied about her returning 'empty-handed'.

Charliezoo

Thanks Coupon-Mad, that article was interesting too. It wouldn't surprise me if the CCTV camera was moving around and possibly completely missed my return to the car - I haven't been provided with any photos of me returning to the car so I wonder if they even exist. It sounds like by taking it to adjudication I will likely get the opportunity to view the CCTV anyway, thanks again to Coupon-Mad for this info.

The holdall was approximately a metre long and contained power tools and other DIY equipment. It was quite heavy for me to carry and I wanted to be extra careful crossing the road with it so I did return to my car quite slowly - in ordinary circumstances I probably would have got back a bit quicker than the 7.30 minutes it took.

I'm still shocked that they say I was 'empty handed', I know 100% that I returned to my car with that holdall and loaded it into my car so it's really odd that they've come to this conclusion.

Coupon-mad

Can you link your pepipoo thread here so we can all follow it...I will look out for it on there (I am SchoolRunMum on that forum).

Charliezoo

http://forums.pepipoo.com/index.php?showtopic=73761

http://forums.pepipoo.com/index.php?showtopic=74808

Sorry its spread over 2 threads, I mistakenly started a new thread when I was struggling with Firefox.