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dodgy video evidence, low quality of council video
tbonetbone
post Mon, 25 Feb 2019 - 16:43
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Hi,

I have recently recevied a PCN for going into a yellow box junction in Barnet council.

I first objected to it as arrived in the post 70 days after the alleged contravention.
They have written back and stated "I can only advise you that the PCN was correctly issued
upon the registered keeper within 28 days of the contravention. However, a transfer of liability
was done and the PCN re-issued to the hirer."

It was a contract-leased car that I was driving under a long-term lease agreement.
Firstly, is this correct or is it worth challenging formally on this basis alone?

Assuming they are within their rights to issue a PCN do late after the date, I have 2 more issues:

1) The photos they have sent on the letter to me are not the correct evidence. The first one shows the car in front of me in the box junction. The second two show my car in the junction but both at exactly the same time (i.e the same second) therefore showing no evidence or otherwise of whether the car was stopped or moving. There is video evidence but only available on their website and the evidence on the letter is clearly wrong.

Is this a fair reason to challenge?

if not then...

2) The CCTV evidence itself is extremely poor quality. At face value this shows cars continually jerking forwards and backwards which clearly no cars were doing.
Is this reason to appeal because if the evidence is not an accurate depicition of what happened, how can one rely upon the time stamping etc on the video?

Sorry for so many questions in one post but any help appreciated.

The video is HERE

https://barnetocm.itsvc.co.uk/PCN/GetPartia...5DFDA5FA25E415F


The photos are
https://ibb.co/dQcCfbb
and
https://ibb.co/Nxtbfwf

This post has been edited by tbonetbone: Tue, 26 Feb 2019 - 10:04
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post Mon, 25 Feb 2019 - 16:43
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PASTMYBEST
post Mon, 25 Feb 2019 - 17:07
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post the PCN and the video what you have suggested so far doesn't sound hopeful


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cp8759
post Mon, 25 Feb 2019 - 18:25
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Read this then update your opening post: http://forums.pepipoo.com/index.php?showtopic=125502


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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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DastardlyDick
post Mon, 25 Feb 2019 - 19:46
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The Council have to issue the PCN to the registered keeper within 28 days they then have up to 28 days to either pay, contest, or (if they are a hire/lease company) to give the hirer's/lessor's details, so no, there is no ground for appeal there.
Many hire company's simply pay the Penalty and then bill the hirer after adding an "Admin. Fee" of around £30 - 35.

This post has been edited by DastardlyDick: Mon, 25 Feb 2019 - 19:48
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