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Bromley PCN - Drove Off
hshah
post Wed, 14 Feb 2018 - 21:29
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I received a PCN in the post yesterday for an offence on 8th February. It was under contravention 05 (parked after the expiry of paid for time) but the warden never actually placed the ticket on the car nor gave it to my in person. She was on her tablet entering details when I got in my vehicle and drove of.

She did say that I have a ticket, but I ignored her at the time. Are they required to actually place it on the car or give it to my in person? Is this one enforceable or do I have reasonable grounds for appeal?
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post Wed, 14 Feb 2018 - 21:29
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stamfordman
post Wed, 14 Feb 2018 - 21:34
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QUOTE (hshah @ Wed, 14 Feb 2018 - 21:29) *
Are they required to actually place it on the car or give it to my in person? Is this one enforceable or do I have reasonable grounds for appeal?


It can be served by post if you drive away.

Post it all here and maybe there's an angle.
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hcandersen
post Wed, 14 Feb 2018 - 22:12
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By driving away you have worsened the position of the owner, which presumably is you because you have the postal PCN with no chance to pay the discount, plus being in an adjudicator's bad books because you sought to avoid your responsibilities.

But we are where we are.

Post the docs and GSV.

And no, a PCN does not need to be served or photos taken in order to establish the contravention.
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Incandescent
post Wed, 14 Feb 2018 - 22:21
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Drive-aways were dealt with in the Traffic Management Act 2004. This allowed a PCN to be sent by post in circumstances where the CEO had started to prepare a PCN for a car in contravention, but was unable to serve the PCN because the driver of the car drove off. So you're bang-to-rights unless you can convince us otherwise. Start by posting the information requested by 'hcanderson', i.e. PCN and a GSV of the location telling us where you where parked, and the reason for the parking.
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hshah
post Wed, 14 Feb 2018 - 23:30
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PCN Attached

I had parked round the corner from work and was just late getting back to the car due to an overrunning meeting.

I still have the option of paying the discounted rate (see attachment).

GSV:
https://www.google.co.uk/maps/@51.3987136,0...3312!8i6656

This post has been edited by hshah: Wed, 14 Feb 2018 - 23:33
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cp8759
post Wed, 14 Feb 2018 - 23:34
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QUOTE (hcandersen @ Wed, 14 Feb 2018 - 22:12) *
By driving away you have worsened the position of the owner, which presumably is you because you have the postal PCN with no chance to pay the discount, plus being in an adjudicator's bad books because you sought to avoid your responsibilities.

That's debatable, I once drove of on what should have been a banged to rights contravention, only for them to mess up the paperwork and cancel on a PI. If I had stayed and waited for the PCN, I would have had to cough up.

QUOTE (hshah @ Wed, 14 Feb 2018 - 23:30) *
I had parked round the corner from work and was just late getting back to the car due to an overrunning meeting.

What time did the paid-for time expire? Also, can you post the rear of the PCN?

This post has been edited by cp8759: Wed, 14 Feb 2018 - 23:35


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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Neil B
post Thu, 15 Feb 2018 - 00:10
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QUOTE (cp8759 @ Wed, 14 Feb 2018 - 23:34) *
QUOTE (hcandersen @ Wed, 14 Feb 2018 - 22:12) *
By driving away you have worsened the position of the owner, which presumably is you because you have the postal PCN with no chance to pay the discount, plus being in an adjudicator's bad books because you sought to avoid your responsibilities.

That's debatable, I once drove of on what should have been a banged to rights contravention, only for them to mess up the paperwork and cancel on a PI. If I had stayed and waited for the PCN, I would have had to cough up.

And why would a postal PCN not offer the discount?

As cp, expiry time of interest.


--------------------
17/10/11.

Sme f yu may have nticed I dn't currently have a letter ' ' n my keybard!!!!

S if I appear t be talking mre gibberish than nrmal then that's the answer - the missing 'o' --<<<< Aha, clever eh!? (reserve on-screen keyboard)
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hcandersen
post Thu, 15 Feb 2018 - 08:26
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My error re discount.

@cp8759, worsened because we can only deal with probabilities and prospective outcomes and we would no more recommend that an OP risks the discount all the way to adjudication in the face of a bang-to-rights contravention on the off-chance that the authority might screw up than we would, I hope, suggest that driving away does not worsen an owner's prospects.

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cp8759
post Thu, 15 Feb 2018 - 10:07
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QUOTE (hcandersen @ Thu, 15 Feb 2018 - 08:26) *
@cp8759, worsened because we can only deal with probabilities and prospective outcomes and we would no more recommend that an OP risks the discount all the way to adjudication in the face of a bang-to-rights contravention on the off-chance that the authority might screw up than we would, I hope, suggest that driving away does not worsen an owner's prospects.

Personally I would always drive away, but I take your point.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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hshah
post Sun, 25 Feb 2018 - 22:19
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Apologies for the late reply... I have been away on holiday.

The time ended at:
08 Feb 2018 14:44

Date/time on the PCN is:
08 Feb 2018 15:58

The back of the PCN is just the default text about making appeals, representation etc.
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peterguk
post Sun, 25 Feb 2018 - 23:19
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QUOTE (hshah @ Sun, 25 Feb 2018 - 22:19) *
The back of the PCN is just the default text about making appeals, representation etc.


As requested, post a copy up as there may be fatal errors in the text.


--------------------
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hshah
post Sun, 25 Feb 2018 - 23:34
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QUOTE (peterguk @ Mon, 26 Feb 2018 - 00:19) *
QUOTE (hshah @ Sun, 25 Feb 2018 - 22:19) *
The back of the PCN is just the default text about making appeals, representation etc.


As requested, post a copy up as there may be fatal errors in the text.




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