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Received NtO after I drove away in Waltham Forest.
Cristian B
post Sat, 17 Feb 2018 - 23:47
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Hello,

I was to a shop to print one page on a Sunday morning, everything was about 3 minutes, anyway when I return the jackal has come from the bushes and was writing.
I attach the first page of the NtO that I've received, all other pages are irrelevant. I tried to see more evidence on their website but without any success, I got a message that my request is approved but then I got an error, so I suspect they don't have any more evidence.
The exact location on Google map is http://goo.gl/fAJz2j where that white VW is it.

Any suggestions will be greatly appreciated. They wrote on the fine that the fine is valid even without evidence is this true? As a matter of fact I defended my self and won at court against Essex police and one defective speed camera and at adjudicator about that nonsense on Ripple road. But I don't get the point with this thieves.

Thank you.

This post has been edited by Cristian B: Sun, 18 Feb 2018 - 20:39
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post Sat, 17 Feb 2018 - 23:47
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Neil B
post Sat, 17 Feb 2018 - 23:57
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QUOTE (Cristian B @ Sat, 17 Feb 2018 - 23:47) *
I attach the first page of the NtO that I've received, all other pages are irrelevant.

Are they blank?

I can't equate the pics with where you say you parked?

This post has been edited by Neil B: Sat, 17 Feb 2018 - 23:57


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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peterguk
post Sun, 18 Feb 2018 - 00:01
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QUOTE (Cristian B @ Sat, 17 Feb 2018 - 23:47) *
They wrote on the fine that the fine is valid even without evidence is this true?


You drove away so it'll be the CEO's word against yours. You don't seem to deny you were there, and we won't suggest you lie.


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Neil B
post Sun, 18 Feb 2018 - 00:09
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QUOTE (Cristian B @ Sat, 17 Feb 2018 - 23:47) *
They wrote on the fine that the fine is valid even without evidence is this true?

Did they; where?

The NtO means that they say a PCN was served on the vehicle or handed to the driver; Is
that what happened?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Cristian B
post Sun, 18 Feb 2018 - 00:17
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Neil. Not blank, but only with those standards, hot to pay and appeal and everything, I can upload if something. Where the VW and same position but with the front the opposite direction, it seems a little strange from the picture but that is.
Peter hanks for the suggestion.

Neil. That man don't gave me anything because I go.
On the page that I've uploaded "Bellow are photographs of your vehicle committing the alleged contravention, if such evidence is available. Please note that a lack of photographic evidence does not invalidate the Penalty Charge Notice"
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DancingDad
post Sun, 18 Feb 2018 - 09:54
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So at the moment we seem to have a position where.
You parked on Double Yellows?
Only for a short time but nevertheless in contravention
CEO started to prepare a PCN.
You drove off with no PCN being fixed to vehicle or handed to the driver ????
They send an NTO.

Assuming you were in contravention, it comes down to your word against the CEO re service of the PCN.
You make a clear statement saying NO PCN was served therefore the Notice to Owner has been served unlawfully.
Council probably say CEO notes show HTD... handed to driver.... you must ask for a copy of the CEO notes and ALL photos they rely on with any challenge.
It ends up at adjudication and there an adjudicator will decide whether they believe you or the CEO.

Photos will be critical..... a few of the car timed before the PCN and none after would support you.
Timed after PCN and especially if one shows a PCN on the screen, whoops.

Let's see the rest of the NTO, devils in the details and often councils get them wrong.
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Incandescent
post Sun, 18 Feb 2018 - 20:11
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And just so you know for the future, if a CEO starts to prepare a PCN for a car apparently parked in contravention, and the driver leaps in and drives off before the PCN can be served to the car (stuck-on), or served by handing to the driver, the Traffic Management Act introduced postal PCNs for such circumstances. So one can no longer get away with it by skedaddling off quickly.

So the question is - did you get a postal PCN or was the Notice to Owner the first document you received ? If it was then they have committed a procedural impropriety in not serving the PCN. This will only be tested at adjudication as no doubt the CEO has said the PCN was served and they will believe their own staff over you. So your appeal must concentrate on non-service of the PCN, and then when you're rejected, you register an appeal at London Tribunals. Why CEOs and councils faff around like this is beyond me, because the TMA 2004 gives them the facility to lawfully serve the PCN by post. If they had followed what the law allows you would have been bang-to-rights so they have been very stupid.

This post has been edited by Incandescent: Sun, 18 Feb 2018 - 20:12
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Cristian B
post Sun, 18 Feb 2018 - 20:42
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DancingDad.
Yes, parked on yellow. No PCN fixed or handed, in fact when he saw me he became...somehow nervous with an incorrect correlation between the movements of his hands and body smile.gif
I attach all the files of the letter files that I've received.
Incadescent.
Before this NtO I did not received anything.

They "faff" because people pay, they are paid from people money to fine peoples, got bonuses and the entire nonsenses.

This post has been edited by Cristian B: Sun, 18 Feb 2018 - 20:47
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