PCN from Enfield Council 50r, Can not view their evidence Options

[deanzey]

Recieved a PCN for a 50r contravention (performing a prohibited right turn).

Invited me to view the evidence via their website but their website has been down for maintenance for 2 days and I can’t access it.

https://parkingservices.nsl.co.uk/enfield/notices/

Any advice folks?

[Advertisement]

[stamfordman]

Post the PCN and the Google Street View location.

Is there a reason you can see to appeal it?

[deanzey]

[stamfordman]

Here? Were the signs lit up? Looks pretty good signage.

https://www.google.com/maps/@51.6599256,-0....3312!8i6656

[deanzey]

Google maps is Donkey Lane, Enfield, approaching Carterhatch Lane

Here? Were the signs lit up? Looks pretty good signage.

https://www.google.com/maps/@51.6599256,-0....3312!8i6656

Did you read my post? At what point did I question the signage?? My question is regarding the availability of the evidence via their website.

[stamfordman]

We like to see what's what - it's not unusual for online viewing systems to be down (Islington's has been down for months) and you may have to email them to get pics and video. should you want to see what they have. Are there any pics on the rest of the PCN?

[deanzey]

No photos or stills accompanying the letter from Enfield Council. Just a link to a website telling me I can view it here, but as I said, the website is down. Surely the fact they have been unable to provide evidence means the PCN is invalid?

[Neil B]

Surely the fact they have been unable to provide evidence means the PCN is invalid?

No.

[deanzey]

I don’t believe you. Councils cannot issue a PCN without evidence.

[PASTMYBEST]

you accept that you turned right. If this went to adjudication the adjudicator will want evidence. That could be a video but there is no legal requirement for this. A statement can suffice
So the council say "he turned right" the adjudicator asks you did you turn right? What do you say.

bear in mind that deliberately giving false information in an appeal can lead to a £5000 fine

[deanzey]

I’m asking the council to prove to me that my vehicle was even there. Surely they have to do that first. Why would anyone pay a PCN without being shown evidence???

I think you are missing my point. The website that they suggest I access to view the evidence isn’t working. Who’s fault is that?

[PASTMYBEST]

I’m asking the council to prove to me that my vehicle was even there. Surely they have to do that first. Why would anyone pay a PCN without being shown evidence???

I think you are missing my point. The website that they suggest I access to view the evidence isn’t working. Who’s fault is that?

You can ask all you want 4 days before any adjudication you will get a copy of the evidence the council will rely on. That evidence can be anything that the council believe will prove on the balance of probability that you committed the contravention

If you want to risk that they cannot go ahead. It would not be the first time a council c**k up

[Neil B]

I don’t believe you. Councils cannot issue a PCN without evidence.

How do you know they don't have video evidence?

You only said a website wasn't working.

[deanzey]

If they have evidence they need to show me. Currently, they have not.

https://parkingservices.nsl.co.uk/enfield/notices/

[stamfordman]

Email parking@enfield.gov.uk and ask them how long the site will be down and also to send you stills (and video if they provide it - some councils still make you go their office to view).

[Neil B]

I’m asking the council to prove to me that my vehicle was even there. Surely they have to do that first.

Ah sorry misunderstood. So you weren't there then? Or didn't turn right?

If they have evidence they need to show me.

No; there is NO statutory requirement for them to show you a vid or pics.

[mickR]

Just an observation here but if it goes tribunal I can't see it going well for the OP.

This post has been edited by mickR: Wed, 6 Dec 2017 - 22:12

[deanzey]

I’m asking the council to prove to me that my vehicle was even there. Surely they have to do that first.

Ah sorry misunderstood. So you weren't there then? Or didn't turn right?

No, wasn’t there and didn’t turn right.

If they have evidence they need to show me.

No; there is NO statutory requirement for them to show you a vid or pics.

Thanks, that’s all I wanted to know.

[Neil B]

No, wasn’t there and didn’t turn right.

It does seem odd they've chosen to write to you.

[deanzey]

No, wasn’t there and didn’t turn right.

It does seem odd they've chosen to write to you.

Very. Especially when they can’t supply photographic or video evidence either, despite claiming in their letter to me that they have it and it’s available to view on their website, when it’s clearly not.