PCN not served officer stated different |
PCN not served officer stated different |
Mon, 10 Dec 2018 - 18:11
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#1
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Member Group: Members Posts: 36 Joined: 17 Feb 2018 Member No.: 96,614 |
Hello,
I got one fine in Bishop Stortford, but PCN was not served and the next was NtO. I made an appeal stating there was a procedural impropriety and they reject that, on top of that the officer said I was laughing and I was not, moreover I usually swear to this kind of creatures simulating that they have a job, but this being a women at about 45 years old I didn't because I'm not really an a**, anyway looking backwards I have to reconsider my future position in regards to this aspect. I was correct stating the procedural impropriety? Right now if I appeal to London Tribunals what points should I rise regarding the photographs, my windows was open but no picture taken, they said 2 wheels on pavement but we can only see one. If is important I just park enter on Halifax bank using the robot inside and exit. Google location https://goo.gl/maps/KcHDTZJK5E32 Thank you for your advice! This post has been edited by Cristian B: Mon, 10 Dec 2018 - 19:11 |
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Mon, 10 Dec 2018 - 18:11
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Mon, 10 Dec 2018 - 18:25
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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 |
So you were not handed a PCN, and there was no PCN on the car?
In fact the rather odd notes do not say a PCN was served as they seem to think. Time of contravention is 10:58:45 but pic timed at 10:59 shows no PCN on car. |
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Mon, 10 Dec 2018 - 19:12
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#3
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Member Group: Members Posts: 36 Joined: 17 Feb 2018 Member No.: 96,614 |
Stamfordman,
No, my window was 30% open and my car wasn't locked. |
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Mon, 10 Dec 2018 - 19:33
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Notes do not say PCN served either to driver or vehicle.
Says driver was seen plus description plus ran/jumped in car and drove away but nowt on PCN service. I trust Fat Face is a shop and not a descriptive ? Two photos of the vehicle, one when parked, one as leaving, neither shows PCN on vehicle. Both photos in same minute and judging by lady with pushchair in the background, within far less then a minute. So it comes down to credibility of you as a witness in front of adjudicator. Contravention is clear, service is not. If they agree not served, they must cancel the PCN. Notes imply no time to hand PCN to driver, none on car, good chance of beating this one IMO No chance if CEO had done what they could and got a postal PCN sent but they didn't. |
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Tue, 11 Dec 2018 - 10:41
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#5
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
The NTO is from a District Council which does not IMO have the authority to instigate a Restricted Parking Zone. According to the TPT library it has been Hertfordshire County Council which has issued these sort of traffic orders.
So, before we go any further, does the NTO show that East Herts District Council is acting as an agent for Hertfordshire County Council? If not we might have an Enforcement Authority issue. Mick |
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Tue, 11 Dec 2018 - 10:45
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
+1, we need to see the other pages of the NtO, if there are any.
-------------------- 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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Tue, 11 Dec 2018 - 12:16
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#7
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Member Group: Members Posts: 35,063 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
I suggest you email parking:
Re: PCN *********** I refer to your letter dated 6 December rejecting my representations. Wihndtm? 'Awa Nns Nlds Nbbs' R Your name Then email them the next day, re PCN ******** I refer to my email dated ****. For the purposes of clarification which is totally absent from your letter, 'wihndtm' means 'what in heaven's name does this mean'. I look forward to your response and, where necessary, an explanation of the words hidden within your acronyms. Regards, For the avoidance of doubt, a plea to other esteemed posters: I don't want to know whether you know the meanings of the acronyms, I want the council to explain how it could issue such gobbledygook. This post has been edited by hcandersen: Tue, 11 Dec 2018 - 12:18 |
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Tue, 11 Dec 2018 - 19:35
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#8
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Member Group: Members Posts: 36 Joined: 17 Feb 2018 Member No.: 96,614 |
Thank you for your answers!
Attached the other two pages of the NtO. I'll send them the suggested email ) |
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Tue, 11 Dec 2018 - 21:28
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Regulation 19(2)(b) of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 requires that a Notice to Owner must state "the name of the enforcement authority serving the notice", the enforcement authority at this location is Hertfordshire County Council and not East Hertfordshire District Council, as the contravention is an on-street contravention.
Nothing on the Notice to Owner asserts that East Hertfordshire District Council is acting as an agent for Hertfordshire County Council. Therefore either the Notice to Owner was served for and on behalf of Hertfordshire County Council, in which case there has been a procedural impropriety because the name of the enforcement authority is not stated anywhere on the NtO in breach of regulation 19(2)(b), or the Notice to Owner has been served by East Hertfordshire District Council acting on its own authority, in which case East Hertfordshire District Council is acting ultra vires as it has no powers to enforce on street parking contraventions. In either case the appeal must be allowed. -------------------- 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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