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Drove off before PCN was served
notbigfanofparki...
post Sat, 20 Oct 2018 - 00:59
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Hello everyone!

Another "drove off" topic biggrin.gif
So I stopped on a single yellow line and helped my brother to get out of the car and get into the building. After a while I came back to the car just to see an "officer" taking pictures of my car, so I jumped in and drove off. He told me he already started issuing a ticket.
Few days later I received a PCN through the post (contravention code 01), saying: "We served this dumb PCN because our useless employee had begun to prepare a PCN for service in accordance with regulation 9, but the vehicle was driven away from the place in which it was stationary before the ceo had finished preparing the pcn or had served it in accordance with regulation 9".
First thing I checked was the evidence online. It shows only two pictures of my car, taken in 5 seconds interval, both very similar showing the front of the vehicle at different but close angles. The single yellow line is visible only up to front doors, the rest of the line is covered by car. No other pictures were uploaded.
Time on the PCN is over a minute later than the time on the pictures.

IMO requesting the payment for 4 proved seconds of being stationary is an extortion.

Could two pictures only, taken in a few seconds interval, be considered as an evidence strong enough for asking for payment? Have any of you had similar case?

Have a great weekend!
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post Sat, 20 Oct 2018 - 00:59
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stamfordman
post Sat, 20 Oct 2018 - 08:31
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QUOTE (notbigfanofparkingparasite @ Sat, 20 Oct 2018 - 01:59) *
helped my brother to get out of the car and get into the building. After a while I came back to the car



Assisted alighting and unloading are both exemptions - do either or both apply? How long is 'a while'?

No pictures needed by council - just the CEO's notes on observation and attempt to serve PCN.


Post the PCN. Use https://imgbb.com and post BBcode embed links.
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DancingDad
post Sat, 20 Oct 2018 - 08:38
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Two things jump out at me...….
"So I stopped on a single yellow line and helped my brother to get out of the car and get into the building"
That is could be alighting and an exemption for stopping on a yellow line but why did you have to help?
If he is elderly, infirm, young, needed assistance then it is alighting and could win on its own.
But needs more explanation.

"After a while I came back to the car ….."
Why the delay? Again, needs explanation as any exemption that may exist is time dependant, as long as needed but not one second more.

Apart from that, the PCN and pictures will be needed to see if any technical issues may be in play, that the photos only show 4 seconds is irrelevant, it only needs to be shown (by council) that the CEO saw the car parked and had started the PCN. That will be accepted unless you can disprove it. Given your tale, not sure how at the moment.



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