Bromley PCN - Drove Off |
Bromley PCN - Drove Off |
Wed, 14 Feb 2018 - 21:29
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#1
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Member Group: Members Posts: 67 Joined: 15 Feb 2010 Member No.: 35,642 |
I received a PCN in the post yesterday for an offence on 8th February. It was under contravention 05 (parked after the expiry of paid for time) but the warden never actually placed the ticket on the car nor gave it to my in person. She was on her tablet entering details when I got in my vehicle and drove of.
She did say that I have a ticket, but I ignored her at the time. Are they required to actually place it on the car or give it to my in person? Is this one enforceable or do I have reasonable grounds for appeal? |
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Wed, 14 Feb 2018 - 21:29
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Wed, 14 Feb 2018 - 21:34
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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Wed, 14 Feb 2018 - 22:12
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#3
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Member Group: Members Posts: 35,070 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
By driving away you have worsened the position of the owner, which presumably is you because you have the postal PCN with no chance to pay the discount, plus being in an adjudicator's bad books because you sought to avoid your responsibilities.
But we are where we are. Post the docs and GSV. And no, a PCN does not need to be served or photos taken in order to establish the contravention. |
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Wed, 14 Feb 2018 - 22:21
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#4
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Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
Drive-aways were dealt with in the Traffic Management Act 2004. This allowed a PCN to be sent by post in circumstances where the CEO had started to prepare a PCN for a car in contravention, but was unable to serve the PCN because the driver of the car drove off. So you're bang-to-rights unless you can convince us otherwise. Start by posting the information requested by 'hcanderson', i.e. PCN and a GSV of the location telling us where you where parked, and the reason for the parking.
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Wed, 14 Feb 2018 - 23:30
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#5
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Member Group: Members Posts: 67 Joined: 15 Feb 2010 Member No.: 35,642 |
PCN Attached
I had parked round the corner from work and was just late getting back to the car due to an overrunning meeting. I still have the option of paying the discounted rate (see attachment). GSV: https://www.google.co.uk/maps/@51.3987136,0...3312!8i6656 This post has been edited by hshah: Wed, 14 Feb 2018 - 23:33 |
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Wed, 14 Feb 2018 - 23:34
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
By driving away you have worsened the position of the owner, which presumably is you because you have the postal PCN with no chance to pay the discount, plus being in an adjudicator's bad books because you sought to avoid your responsibilities. That's debatable, I once drove of on what should have been a banged to rights contravention, only for them to mess up the paperwork and cancel on a PI. If I had stayed and waited for the PCN, I would have had to cough up. I had parked round the corner from work and was just late getting back to the car due to an overrunning meeting. What time did the paid-for time expire? Also, can you post the rear of the PCN? This post has been edited by cp8759: Wed, 14 Feb 2018 - 23:35 -------------------- 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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Thu, 15 Feb 2018 - 00:10
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#7
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Member Group: Members Posts: 29,270 Joined: 16 Jan 2008 Member No.: 16,671 |
By driving away you have worsened the position of the owner, which presumably is you because you have the postal PCN with no chance to pay the discount, plus being in an adjudicator's bad books because you sought to avoid your responsibilities. That's debatable, I once drove of on what should have been a banged to rights contravention, only for them to mess up the paperwork and cancel on a PI. If I had stayed and waited for the PCN, I would have had to cough up. And why would a postal PCN not offer the discount? As cp, expiry time of interest. -------------------- |
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Thu, 15 Feb 2018 - 08:26
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#8
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Member Group: Members Posts: 35,070 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
My error re discount.
@cp8759, worsened because we can only deal with probabilities and prospective outcomes and we would no more recommend that an OP risks the discount all the way to adjudication in the face of a bang-to-rights contravention on the off-chance that the authority might screw up than we would, I hope, suggest that driving away does not worsen an owner's prospects. |
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Thu, 15 Feb 2018 - 10:07
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
@cp8759, worsened because we can only deal with probabilities and prospective outcomes and we would no more recommend that an OP risks the discount all the way to adjudication in the face of a bang-to-rights contravention on the off-chance that the authority might screw up than we would, I hope, suggest that driving away does not worsen an owner's prospects. Personally I would always drive away, but I take your point. -------------------- 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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Sun, 25 Feb 2018 - 22:19
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#10
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Member Group: Members Posts: 67 Joined: 15 Feb 2010 Member No.: 35,642 |
Apologies for the late reply... I have been away on holiday.
The time ended at: 08 Feb 2018 14:44 Date/time on the PCN is: 08 Feb 2018 15:58 The back of the PCN is just the default text about making appeals, representation etc. |
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Sun, 25 Feb 2018 - 23:19
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#11
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
The back of the PCN is just the default text about making appeals, representation etc. As requested, post a copy up as there may be fatal errors in the text. -------------------- |
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Sun, 25 Feb 2018 - 23:34
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#12
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Member Group: Members Posts: 67 Joined: 15 Feb 2010 Member No.: 35,642 |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 14:47 |