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No PCN on windscreen but received NTO containing photo evidence of PCN issued on windscreen
PCN Pain
post Sun, 16 Feb 2020 - 15:53
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Hi all.

I received a nasty surprise - an NTO - in the post concerning a contravention that occurred earlier on in the year.
This is the first time I am even aware of this PCN as on the day of the PCN issuance, I returned to the car and did not see any PCN attached to the windscreen.
Obviously, being unaware of the issuance of a PCN, I carried on with my life oblivious to this. So it came as a bit of a shock when I received and NTO demanding I pay a £110 fine for not settling the discounted rate fine for the PCN during the initial 14 days.

I have attached the NTO I received, which has photographic evidence of the PCN being attached to the windscreen.
Given that I returned to the car with no sign of any such PCNs, is it not possible that either a third party of adverse weather could have displaced this PCN?

Furthermore, I have included a close up of the last two photos taken by the CEO (as seen in the NTO). I am suspicious of the angling of the PCN on the windscreen (the first close-up image shows the PCN being aligned perpendicular to the windscreen wipers whilst the second photo shows the PCN in more of a 45 degree angle in the corner of the windscreen).

Consequently, can I appeal on the grounds of:

(1) I returned to no PCN on the car, therefore I was unaware of being issued this fine and thus refuse to pay the non-discounted rate of £110 and;

(2) procedural impropriety as judging by the photo evidence enclosed on the NTO, the angling of the PCN placement varies in the two photos so what is to say that the CEO had not securely attached the PCN to the windscreen (and thus causing issue no. 1 of me not returning to any PCN in the first place)?


Attached Image

Attached Image



Furthermore, as you can see in the PCN photo evidence close-up, the PCN appears to be printed on some white paper that appears to already be affected by some water marks. What is to say that this low quality paper did not just wash away/disintegrate under rain showers? This is not the typical PCN that you see enveloped in yellow and stuck securely to windscreens. So once again, can I challenge this point?

Attached Image


Many thanks for your advice
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post Sun, 16 Feb 2020 - 15:53
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stamfordman
post Sun, 16 Feb 2020 - 15:59
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reinstate all details on the PCN bar personal ones and let's have look at the location.

Post all the council pics showing the contravention.

Put pics on https://imgbb.com or such like as space on forum is limited.

They will reoffer the discount at least when you say there was no PCN on car when you returned.
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cp8759
post Tue, 18 Feb 2020 - 08:38
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QUOTE (stamfordman @ Sun, 16 Feb 2020 - 15:59) *
reinstate all details on the PCN bar personal ones and let's have look at the location.

Post all the council pics showing the contravention.

Put pics on https://imgbb.com or such like as space on forum is limited.

They will reoffer the discount at least when you say there was no PCN on car when you returned.

+1, we need to look at the location otherwise we can't help.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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hcandersen
post Tue, 18 Feb 2020 - 09:42
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OP, given the little we do know - from the photos in the NTO - I'm surprised you weren't towed.

It looks like a yellow line (whether in effect or not, I don't know), so close to a junction as to attract the attention of the BiB, let alone the council, and adjacent to a lowered footway with perhaps a dash of parking on the footway thrown in.

In light of the above, I'm surprised you're surprised, I would have thought returning to the car and not finding a PCN would have been the surprise.

Happy to be proved wrong when clear photos - which you can obtain online - are posted along with GSV and details of the location.
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spaceman
post Tue, 18 Feb 2020 - 12:42
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Sorry, maybe it's the quality of the photos (which are not required by the regs and are of evidential value only) or I need to go to SpecSavers, but I'm just not seeing what you're seeing.

I cannot see a change in angle of the pcn between photos. A car windscreen is curved (obvs) and this might account for it appearing at a different angle from a distance. It doesn't matter anyway. A CEO can change the angle if they like e.g. to improve the clarity of the photos. The only thing that matters is they show it to be affixed to the vehicle at the material time.

I can't see any rain damaged writing on the pcn either. It appears to be contained in a clear plastic envelope and the writing is readable to me (apart from the redacting, which I assume is yours).

Time to look for something else methinks.

This post has been edited by spaceman: Tue, 18 Feb 2020 - 12:42
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