PCN Contravention code 26 at Bath Road, Hounslow Options

[D9mpn]

I received a PCN as i was waiting to park into a bay on a bank holiday. There is no charge to park on bank holiday but i was given the notice for not being in a designated bay. Since my car was stationary, i did not realise the CEO was standing near and quickly wrote the PCN. I challenged him when he came to put the ticket on the windscreen stating i am waiting to park where the car is pulling out but he stated he had already written the ticket and started taking the pictures of the car.

He put the "observed from" time as 19:01 to 19:01 hours but didnt give a PCN for other cars behind me doing the same. I felt hard done by but feel it will be hard to challenge as i was not in a designated bay and blocking the bays sideways (waiting for the car in front to exit which was taking longer to pull out).

However i have noticed that the date of contravention is shown as 06/05/2019 and the PCN says "A penalty charge of £110.00 is now payable and unless the PCN is challenged must be paid not later than 05/06/2019 that date being the last day of the period of 28 days beginnning with the date on which the PCN was served.
The penalty charge will be reduced by a discount of 50% to £55.00 if it is paid not later than 22/05/2019 that being the last day of the period of 14 days beginning with the date on which the PCN was served."

The date mentioned on the PCN 22/05/2019 is calculated as 16 days and clearly not the last day of the period of 14 days which appears to be an error (unless i am missing something in counting days from the 06/05/2019). Same goes for the 28 days.
Is this sufficient to get the PCN cancelled as i do not believe council will see reason to me saying that i was stopped with indicator as i was waiting for the car to pull out? I do not have any evidence to show for waiting to park although my mum is a witness who was in passenger seat.

Please advise as to my best option and wording to use as i wish to challenge this unfair ticket.

**Update**
I have uploaded the PCN here:
https://ibb.co/NY5p3L8
https://ibb.co/KG9kSPm

I have also requested still images from the council but they have not been uploaded yet.


Kind regards

This post has been edited by D9mpn: Sat, 11 May 2019 - 19:12

[Advertisement]

[stamfordman]

Post the PCN and see if there are any council pics.

Put pics on https://imgbb.com or such like.

[cp8759]

Read this in full http://forums.pepipoo.com/index.php?showtopic=125502

Then update your opening post based on that advice.

[D9mpn]

Thank you for the replies.

I have uploaded the PCN here:
https://ibb.co/NY5p3L8
https://ibb.co/KG9kSPm

I have also requested still images from the council but they have not been uploaded yet.

[cp8759]

How long were you stationary for? In any event the wrong dates should be fatal as the PCN cannot be misleading in this way. Post up the council pics when you get them.

[D9mpn]

cp8759, i would say a minute or two. I should have held up the traffic rather than giving way by blocking other bays. I still havent received the pics.

Am i correct in reading that the dates on PCN do not tally up?

[cp8759]

You're right about the dates, for some reason they've added two days. I suspect the answer is that the software they use has been copy / pasted from the software they use for postal PCNs, where two working days are added to allow for postage times.

[D9mpn]

Update: Following is what i am seeing so far for requesting images.

"There is a delay in processing your request, the site may be delayed during periods of high demand, administrators have been notified. If you opted to be notified via email or text message then you will receive notification as soon as your still images and video footage are ready for viewing. Alternatively please try again a little later."

[cp8759]

If it keeps doing that you might need to email them and ask. You could also try https://viewmypcn.co.uk/Default.aspx as several councils use that site.

[D9mpn]

UPDATE:
View CCTV Evidence

Ticket details are unknown, check details and resubmit or contact issuer.

This is what i received back for my request.

Can i challenge the PCN on the inaccurate days instead such as 22/05/2019 not being the last day of 14 days period? Any special wording i should use in the appeal?

Many thanks for your help.

[hcandersen]

Can i challenge the PCN on the inaccurate days instead such as 22/05/2019 not being the last day of 14 days period? Any special wording i should use in the appeal?

You can but you would not succeed. Sorry cp, this has already been heard several times at adjudication and providing that the prescribed meaning of the wording is printed then adjudicators consider the printed dates, which are optional, to be of secondary importance. The wording is there as required.

However, if the OP tried to pay the discount on any of the 'extra' 3 days and could not, then this would be a different matter. The motorist is entitled to act upon the date, after all it could hardly be (rationally) argued by the authority that it should be ignored if at variance with the printed meaning when they inserted the b****y dates in the first place. Similarly with any challenge. So OP, try paying the discount on 20, 21 and 22nd and see what's demanded. Also when you submit your challenge do so to reach them on 22nd and then see whether, if the reject, the discount is re-offered.

We must see their photos.

The PCN is NOT for parking beyond bay markings, it is for parking with no part of the car closer than 0.5 metres. A completely different kettle of fish and one where they would be required to produce photos.

And I suggest you change the title of the thread, it's misleading.

[D9mpn]

Update: I have checked the PCN and the discount is still there also i now have the images but only until tomorrow to put in my appeal.

images:
https://ibb.co/2NZ81sd
https://ibb.co/ZS2Qmdw
https://ibb.co/BgkBjSd


Thank you for your continued help.

I spoke to the car pulling out behind and the not so nice enforcement officer took the opportunity to slap on the ticket. You can just about see me in the background and my mum in the passenger seat. Also the road is Legrace avenue next to Bath road.

This post has been edited by D9mpn: Wed, 22 May 2019 - 01:17

[makara]

That area outside the shops has become a real problem to find a free bay in

- lots of people wait "in" the road for other drivers to pull out of parking bays though, so yes it seems the warden was zealous in carrying out his job in this instance.

The problem started when the council made the bays wider, which was great (as less chances of your doors getting dinged by the cars next to you) - but also has made it next to impossible to NOT wait for other cars to pull out to grab their bay (EDIT - as there are several less bays now, for loads of shops on that parade).

Which is why we only visit there as late as possible when we can.

This post has been edited by makara: Tue, 21 May 2019 - 15:21

[D9mpn]

That area outside the shops has become a real problem to find a free bay in

- lots of people wait "in" the road for other drivers to pull out of parking bays though, so yes it seems the warden was zealous in carrying out his job in this instance.

The problem started when the council made the bays wider, which was great (as less chances of your doors getting dinged by the cars next to you) - but also has made it next to impossible to NOT wait for other cars to pull out to grab their bay (EDIT - as there are several less bays now, for loads of shops on that parade).

Which is why we only visit there as late as possible when we can.

Exactly my point. If i had waited in the road then it would have been a lot more hassle for traffic at the back but i probably would not have got the ticket. Because i went on the side letting cars go past, i ended up with the ticket. But i feel upset because i was waiting to park and if the car was not pulling out i wouldnt have waited.

[cp8759]

Upset as you might be, I don't see a way out of this one I'm afraid.