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Newham PCN Despite clearly displaying a valid permit, A valid permit was displayed but I still got a pcn
abman
post Sat, 25 May 2019 - 03:03
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Hi,

I got a PCN yesterday morning for not having/displaying a valid permit.
However, a valid permit was clearly displayed on the top right corner of the windscreen. It seems that the CEO only looked at the car from the road and did not bother going onto the pavement or checking the other side of the windscreen.

The images taken by the CEO are all from One side and you can see that the whole right hand side of the windscreen is covered in reflections so you can’t see the permit in the CEO images. I would consider these to be poor images.

I included two images of my own taken from the pavement to show that the permit can be seen clearly, but obviously these were taken when I got to the car after the PCN was issued.

That permit has been on display since I received it last year in 2018 which is valid for one year up until August 2019. Surely they must realise that either the CEOs haven’t been doing their job for nearly a year or I randomly decided to remove the permit and put it back on.

Images of the PCN front and back, all of the images taken by the CEO (timestamped in red) and two additional images taken by me on the moment I came to the car on the same day can be found uploaded here onto google drive:

https://drive.google.com/drive/folders/1pCu...HnUerrU0NY4-DrX

How should I word my first appeal?

Any help would be much appreciated.
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post Sat, 25 May 2019 - 03:03
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Incandescent
post Sat, 25 May 2019 - 09:16
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Your first reps is called an "informal challenge" to the PCN. You should submit them based on what you have written here, namely the permit was on display. You should emphasise with your photo and point out the CEO photographs are poor and do not show the displayed permit.

Post up their reply when you get it, but be aware that informal challenges are very commonly batted off with a load of tosh because most people then cough-up.
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abman
post Sat, 25 May 2019 - 13:14
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Thanks,

Will do just that. Hopefully in any case they don’t turn around and say they never received it.
It is a PO Box address afterall.

Will post updates as soon as I get any.
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hcandersen
post Sat, 25 May 2019 - 13:42
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You should refine and target your challenge.

On the basis of your account and evidence:

I hold a physical resident's permit for zone ** and have done so since ***. I have and continue to display this in the top left- hand corner of my windscreen, thereby making it easier for a CEO to read from the footway. Please see my photos taken on the day.

All details are visible from outside the vehicle.

I was therefore entitled to park at the location.

It remains a mystery why the CEO would risk their safety by photographing my car from the middle of the carriageway and by doing so not capturing my permit which is obscured by numerous reflections. If the CEO had wanted to record that no permit was present, then it would have been safer to have done this from the footway at which point my permit would have been clearly visible. Why the CEO focused on a side of the windscreen where, frankly, it would be a nonsense to display a permit anyway(because for vehicles parked correctly this would necessitate a CEO having to stand in the road in order to view) confounds me.

As the authority cannot see my permit due to the CEO's less-than-comprehensive photos, then the choice is clear i.e. to accept or reject my photos and my account. I am in the fortunate position which the authority are not i.e. I know the facts from first-hand knowledge, and I hope it comes as no surprise if I were to end these representations with a clear statement and commitment that I would be prepared to take this matter to adjudication if necessary and request the CEO's attendance. But I hope and trust this would not be necessary.

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Neil B
post Sat, 25 May 2019 - 13:42
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Fairly sure the Ts&Cs say display on near/left side.

little hurdle to overcome maybe.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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hcandersen
post Sat, 25 May 2019 - 13:45
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All the order would require is that details are clearly visible from outside the vehicle.

Exact positioning, even if this exists, is pedantic and administrative clap-trap.


OP, sail on as advised.
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Neil B
post Sat, 25 May 2019 - 13:52
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QUOTE (abman @ Sat, 25 May 2019 - 04:03) *
a valid permit was clearly displayed on the top right corner of the windscreen.

Get someone to tie some labels to your wrists? You mean left, surely?

QUOTE (hcandersen @ Sat, 25 May 2019 - 14:45) *
Exact positioning, even if this exists, is pedantic and administrative clap-trap.

I actually agree but then realised nullified by OP missdescribing left/right.

Location obscured? So PCN may be for another reason.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Incandescent
post Sat, 25 May 2019 - 16:59
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OP, you need to tell us if your permit is valid for the location where you parked. You have blanked out the location on the PCN.
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nextdoor
post Sat, 25 May 2019 - 18:33
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Cowper ave E6:
https://goo.gl/maps/QteRWT2PDcnhhXRX8

THe permit in his 1st pic is for zone E
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hcandersen
post Sat, 25 May 2019 - 18:45
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With respect, if a question is posed to the OP, then the OP should answer.
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abman
post Sat, 25 May 2019 - 19:31
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@hcanderson thank you for your input. I shall follow your advice.

@Neil B, it depends on your point of view. I should have made it clear. Top right if viewing the car from the point of view of the CEOs images. Left hand side if you’re point of view is that of a driver. I will clarify and state passenger side top corner in my appeal letter.

And yes to all. My permit is valid for location. Permit is for zone E.
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Neil B
post Sat, 25 May 2019 - 19:36
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Other than the permit having been withdrawn for some reason? it does indeed look like a clear cut
cock up by the CEO.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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abman
post Sat, 25 May 2019 - 19:51
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I don’t think he got off of his moped to take the photos but who knows. And there is no reason why the permit would have been withdrawn. Even if it was the CEO surely would have taken a shot of it to show which permit was on the car.

Let’s see how the council will respond to my appeal. Will be writing it up and sending it after the bank holiday.
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abman
post Tue, 9 Jul 2019 - 17:39
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Got a reply from the council.

They have cancelled the pcn stating that it was issued in error.

Special Thank you to hcandersen for your guidance on writing the initial appeal.
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