Hi Please can you help me.
In febraury me and my husband were going my husband was driving and i was at the back of car with my son.
he had to pull the car on side to attend urgent phone call from my son nursery, it was single yeloow line..as he was on the phone the traffic warden asked him to move, so we finished the call same time and he drove off.didnot think of anything.
we just got notice to owner , which i appealed stating the same reason also we were not given the ticket to us, we didnot parked the car there or even left the vehicle or come out.
it was just seconds.
the apeal got rejected for both the notice to owner fine reduced and also for ticket.they asked us to pay £130.
here i attached all the picture with link.

please can you guide how i appeal? they sent us that apeal paperwork to tribunal.its a lot of money to pay and if the further apeal got rejected will have to pay £195.
sorry i am trying to upload ictures via tinyurl not sure how it workd.here is the code i pasted


will reall appreciate for your help and support.

thanks











This post has been edited by fine14: Sun, 21 Apr 2019 - 09:22

which i appealed stating the same reason also we were not given the ticket to us,

Is the key.

Only you and the CEO know the truth. The authority don't and the adjudicator won't. Both make decisions based upon what they see. In the case of the authority, this is the CEO's notes - which you have not seen- and your reps. They would not have seen or spoken to the CEO.

They believed the CEO's account as per their notes and not you.

The adjudicator would have one more piece of evidence: personal testimony from you and/or your husband. And this is where the 'C' word comes into play: credibility.

And your credibility will depend on you telling the truth because being an accomplished liar is more difficult than it might sound.

So you know the truth. The PCN was either 'handed to the motorist' or it was not. If it wasn't then can we declare an amnesty on this point and look at other avenues. If it was, then this should be your focus.

You would of course have to attend the adjudication hearing - quite informal in practice.

Edit - and what hove into view when I read another post on our site...the following extract from an adjudictor's decision in another case:

The credibility of Mr. Marriott’s account is enhanced, in my view, by the honesty he showed...


This post has been edited by hcandersen: Sun, 21 Apr 2019 - 09:38

What HCA said.

There seems no question that the vehicle was parked on a single yellow.
The council photos show that.
They also show the driver seemingly waving their hands about...does your husband "talk" with their hands when he is on the phone, many do?
It seems to confirm the phone call.

It comes down to credibility in front of an adjudicator and will cost nothing except a little time to appeal and attend the hearing.
IF adjudicator believes you/husband that you were told to move and that no PCN was served, you win.
If they don't, you lose.

If you are truthful, you should win.
I fully admit that I stopped and was on a yellow line without good reason and as such, the alleged contravention occurred.
But the PCN was not served. It was not handed to us as the NOR states.
The CEO told us to move on and we did.

Are there times on those photos?
How do they compare with the time of the PCN.... 15:20:53 ???

This post has been edited by DancingDad: Sun, 21 Apr 2019 - 10:00

No, you won't.
It cannot increase beyond £130

Which is what it is now unless they have re-offered the discount ???

If they have, that would go a little way to saying that they believed you had not been served, not that they will admit that.

There is no on cost for going to adjudication, just a little time and effort.

Hi ,
Thanks for all replies.
No the pcn was not issued to us at that point.
He asked us to moved and we moved.
My husband on the phone may be talking.
We didnt knew he was talking our pictures.
If i would have seen ceo issuing ticket to us would personally have asked him to give me (knew the consequesnces once its printed need to sort it out).
Not sure what notes he would have put on.
Regards to £195 its says pay with in 28 £130 otherwise £195.
Will it pause it here if i apeal to tribunal?

Thanks again for all your help.

QUOTE

Regards to £195 its says pay with in 28 £130 otherwise £195.
Will it pause it here if i apeal to tribunal?

If you appeal to tribunal it stays at £130.

If you successfully appeal you pay nothing.
If you lose appeal you pay £130.

Register your appeal.

Grounds: Penalty exceeded .....in the circumstances of the case.

The circumstances here being that no PCN was issued, therefore no penalty may be demanded by the council.

I know that in making this statement I am challenging what I understand to be the CEO's account, however I (and my spouse) know the truth of what transpired and after providing my testimony at the hearing will leave my fate in he hands of the adjudicator to determine who on the balance of probabilities they believe.

Thanks a lot for all your reply.
Really appreciate it.
Going to appeal now and will update you outcome.

Last question just wondering for future knowledge if you pull up your vehicle on single or yellow line but dont leave your vehicle is it still offence?i mean if you dont park and leave the vehicle.

Yes generally. Loading or boarding/alighting or the restriction times not being in effect are the common reasons it is ok.

This post has been edited by Slapdash: Tue, 23 Apr 2019 - 22:17

It's the car that's in contravention not you. So yes a PCN can be served while you're in the car and not doing anything that is exempt such as boarding.