Incorrectly served PCN, NOT refers to a PCN that I believe was not served properly. Options

[PlayByTheRules]

Hi everyone,

thanks in advance for anyone who takes the time to help. I've had a look around and now understand that the law has changed with regards to driving off before the PCN has been issued. However the wording in the Notice To Owner makes me question of there is a procedural error.

There are photos of my car parked illegally, but I was never (I believe) properly served the PCN and the NOT refers to a PCN having being issued.

Early March. My mother borrows my car and returns to find no parking spaces so parks on a single yellow.
Council Enforcement Officer proceeds to issue me a ticket. I'm on the phone in the middle of a very stressful conversation trying to persuade the NHS not to send my Dad home early when he needs a heart operation. I only mention incase anyone thinks it might count as extenuating circumstances.

I notice the CEO issuing the ticket. I come out of my house and say I will move it immediately, get my keys and return. At which point she continues to issue the ticket. I ask her to stop and explain the line shouldn't even be here as the council ignored residents in a previous parking consultation.

I get in my car and start to drive off. At which point she tries to put the PCN on the car. I can't remember the exact details if she threw it on or if fell on the ground. I then stopped got out the car and handed it back to saying it had been served illegally.

Question 1. Is she allowed to do that? I'm literally moving the car. With the photos she took before writing the PCN she could have issued it by post but didn't.

Early April: I get a Notice To Owner that states:

"The person appearing to be in charge of the vehicle was serves with a penalty charge notice (PCN) which allowed 14 days for payment of a 50% discounted penalty charge; otherwise the full penalty charge became due. Either no payment has been received or any payment received has been insufficient to clear the penalty charge."

Question 2: In my mind this is incorrect. There is no photographic evidence of the PCN being served. Although I'm aware there are copious notes the CEO took I haven't seen them. It can't be right or legal to for a PCN to count as served if she is trying to place it on a vehicle that is moving?

I've just noticed the number they give for the civil enforcement officer is different to the one on her shoulder.

Question 3: Does that count as a procedural error.

I've separately complained to the council because the 1) removed parking spaces against the representations made by residents during a consultation and 2) They've allowed adjacent greenery to overgrow and block parking spaced making them unusable. Net effect increasing parking stress which they already know is a problem.

Question 4: Is there any mileage in questioning the legality of the parking restriction?

Question 5: Is there any scope in mitigating circumstances as I was dealing with an incredibly stressful situation. I literally felt like my Dad was on his deathbed and was on the phone to the hospital PALS service because he wasn't getting adequate care.

I know its complicated but I've tried to lay it out clearly. Thanks for anyone who may comment.

This post has been edited by PlayByTheRules: Tue, 25 Jun 2019 - 16:48

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[stamfordman]

So did you make reps against the NTO - if not you are way out of time if you received it in April. Or do you mean June?

[PASTMYBEST]

Post the NTO and get and post the council photos.

[Incandescent]

I get in my car and start to drive off. At which point she tries to put the PCN on the car. I can't remember the exact details if she threw it on or if fell on the ground. I then stopped got out the car and handed it back to saying it had been served illegally.

The circumstances you describe mean the PCN has been legally served. You picked it up and handed it back to the CEO.
The key question you have yet to answer - did you submit any representations after receipt of the Notice to Owner ?

[PlayByTheRules]

I've not submitted representations. I know I'm late but was told I could still appeal. I'm thinking it might be better to just pay this one.

[stamfordman]

I've not submitted representations. I know I'm late but was told I could still appeal. I'm thinking it might be better to just pay this one.

Who told you this?

You can of course make reps (appeal) but you are supposed to do this in 28 days from the NTO. Now they could be sending a charge certificate, which will increase the payment by 50%.

[Incandescent]

Everything I have read so far indicates that the OP has no appeal option open to him: -

Early April: I get a Notice To Owner that states:

"The person appearing to be in charge of the vehicle was serves with a penalty charge notice (PCN) which allowed 14 days for payment of a 50% discounted penalty charge; otherwise the full penalty charge became due. Either no payment has been received or any payment received has been insufficient to clear the penalty charge."

Question 2: In my mind this is incorrect. There is no photographic evidence of the PCN being served. Although I'm aware there are copious notes the CEO took I haven't seen them. It can't be right or legal to for a PCN to count as served if she is trying to place it on a vehicle that is moving?

I've just noticed the number they give for the civil enforcement officer is different to the one on her shoulder.

Nothing here about any representations being submitted in response to the NtO, and time limit of 28 days has long expired. Next stage will be a Charge Certificate increasing the penalty by 50%, and there is nothing the OP can do about this, as the Notice to Owner was served but ignored (or that is how it appears at the moment), maybe I'm wrong.

OP, can you tell us what you did when you got the Notice to Owner in early April.

Edit
First sentence amended to be less judgmental

This post has been edited by Incandescent: Thu, 27 Jun 2019 - 08:39

[cp8759]

PlayByTheRules the next time something like this happens, come to us as soon as you get any paperwork and we can help. Unfortunately because you've left it so long, realistically you're just going to have to pay before the penalty goes up even more. Unfortunately you missed the deadlines so the rights and wrongs of what happened are no longer relevant.