PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

PCN Appeal rejected Battery needed replacing, Rejected my appeal of being parked on double yellow lines
zanderpanda
post Fri, 18 Jan 2019 - 14:18
Post #1


Member


Group: Members
Posts: 13
Joined: 14 May 2017
Member No.: 91,969



I recently received a PCN for being parked on double yellow lines. I wrote to appeal, based on the following;

There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. Please see attached evidence, a receipt for the fitting of a new battery fitted to my car following the failure of the old one, as proof of my appeal. I was experiencing difficulty safely operating my vehicle and pulled over as best I could safely, my vehicle being from that point broken down. As the battery had failed, I was broken down and unable to restart and move the position of my car, hence its location and the absence of flashing amber hazard lights.
I was on double yellow lines next to the place that issued the receipt for fitting a new car battery.

The response I got was worded as follows;

You were issued a PCN for parking on a double yellow line. Double yellow lines mean no parking at any time, except to load or unload. However, the Civil Enforcement Officer (CEO) observed your vehicle and saw no loading or unloading taking place. Because the rule applies 24 hours a day, seven days a week, double yellow lines do not need to be accompanied by a sign.

A PCN can be cancelled if a vehicle breaks down because of an unavoidable mechanical or electrical failure. However, your breakdown was caused by a lack of maintenance which includes situations such as running out of petrol. It is the owner's responsibility to keep their vehicle in good condition.

At the time the CEO simply said he had been there 2 minutes which was the allowed time. I actually made the mistake of taking the ticket from his hand as he hadn't even finished sealing the ticket in the envelope. I had gone inside to pay and don't believe he had time to wait two minutes before writing out the ticket.

DO i risk going to court and arguing my case? Should I invoke GDPR and ask for his bodycam footage and the photos taken and check the timings?

Any help greatly appreciated.
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 6)
Advertisement
post Fri, 18 Jan 2019 - 14:18
Post #


Advertise here!









Go to the top of the page
 
Quote Post
peterguk
post Fri, 18 Jan 2019 - 14:26
Post #2


Member


Group: Members
Posts: 13,573
Joined: 22 Oct 2007
Member No.: 14,720



QUOTE (zanderpanda @ Fri, 18 Jan 2019 - 14:18) *
I was on double yellow lines next to the place that issued the receipt for fitting a new car battery.
Any help greatly appreciated.

So just to be clear, your battery luckily failed outside a car battery shop?

Is receipt dated same date as PCN?

How long before car was driven away with new battery fitted?

Post up all sides of PCN. And CEO photos should be online - GDPR request unnecessary.

This post has been edited by peterguk: Fri, 18 Jan 2019 - 14:27


--------------------
Go to the top of the page
 
+Quote Post
zanderpanda
post Fri, 18 Jan 2019 - 14:41
Post #3


Member


Group: Members
Posts: 13
Joined: 14 May 2017
Member No.: 91,969



It is dated the same day. The guys in the shop did say that particular CEO lurks outside their business premises. Luck didn't come into it. I had no other business being in that shop that day. I posted the receipt with my appeal, for which I was thanked.

GDPR relates to the CEO bodycam footage backing their claim to have observed my vehicle for 2 minutes - not swooping in opportunistically and dashing off the ticket, as the guys in the shop have said that particular CEO does frequently.

PCN upload to follow....
Go to the top of the page
 
+Quote Post
hcandersen
post Fri, 18 Jan 2019 - 15:00
Post #4


Member


Group: Members
Posts: 23,265
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



peterguk, you beat me too it!

Just to be clear, your car stopped beyond your control or it was showing signs of distress, perhaps a warning light was on showing a battery, which could simply mean it was discharging and not necessarily be related to the condition of the battery. Fortuitously you stopped outside a battery shop/garage, perhaps indicating an intelligent car which had diagnosed its own fault and determined how this could be repaired or, as the authority clearly believe, by your action because your intention all along had been to visit the garage.

Anyway, when you stopped and couldn't start you did what? Phoned AA/RAC, secured the car and went in to the shop? And then what? You refer to the supply and fitting of a battery, so when did they attend to you and how long did it take to diagnose, check stocks, disconnect and fit a new battery?

It was indeed unfortunate that despite being stationary for some time during which you were at the vehicle the CEO appeared as you were away from the car in the shop.

Because your account is incomplete, it has failed to convince the council. If you fight on the basis of the contravention not occurring, then you would need to strengthen your argument considerably.

But there might be technical and procedural issues which we need to look at, so pl post the PCN and any photos. Also your challenge and their response correspondence, not extracts.

Go to the top of the page
 
+Quote Post
zanderpanda
post Fri, 18 Jan 2019 - 15:20
Post #5


Member


Group: Members
Posts: 13
Joined: 14 May 2017
Member No.: 91,969



I'm away from home right now, will upload asap. Apologies, should have waited done it all at once.
cheers
Go to the top of the page
 
+Quote Post
DancingDad
post Fri, 18 Jan 2019 - 16:35
Post #6


Member


Group: Members
Posts: 20,447
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



That is the issue.
A battery can suddenly fail but normally not fast enough to cause driving issues.
Start issues yes.
That sort of sudden fail when driving is normally down to charging but would not be sorted by a battery swap.
So I can understand council saying that it was not unexpected, more so because many councils simply seem to want to reject all informal challenges.

Your issue should you want to continue is to convince council and likely an adjudicator once it gets that far, that the issue was totally unexpected.
That you hadn't simply driven to the battery shop with a known issue and got caught out.
Mechanical failure outside of driver's control will win it.
But you need to convince that was the case

This post has been edited by DancingDad: Fri, 18 Jan 2019 - 16:35
Go to the top of the page
 
+Quote Post
DastardlyDick
post Sat, 19 Jan 2019 - 11:53
Post #7


Member


Group: Members
Posts: 1,676
Joined: 12 May 2012
Member No.: 54,871



I can see why the Council rejected your reps - to me that reads as 'I needed a new battery for my car, so I popped down to the battery shop and parked outside on double yellows in the hope that I would not be caught'.

You didn't send the original receipt to the Council did you? If so , that could make things difficult at Adjudication.

A GDPR request probably isn't necessary, the PCN should have from and to times on it to show the 2 mins observation and any photo's taken will have time stamps on them. Failing that, the CEOs notes should state from and to times as well.

This post has been edited by DastardlyDick: Sat, 19 Jan 2019 - 11:57
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Wednesday, 20th February 2019 - 14:32
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.