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Help with PCN required, Dorset CC procedures seam unfair
Dorsetowl
post Sat, 3 Sep 2011 - 10:30
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Hi,

Hopefully someone on here can offer some advice.

I received the following PCN on 22/04/2011:



This was being completed by the CEO when I returned to my vehicle and given to me (not placed on windscreen).

I challenged the ticket on the basis of the observation times and issue times all being the same, despite Dorset CC parking procedure stating a 5 minute observation time is allowed. This was turned down with the following letter:





I awaited the receipt of the Notice To Owner to enable me to appeal, but it never arrived. I then received an increased charge notice. I contacted the council to say I had not received the NTO and they advised me that I needed to put it in writing which I did. I then received the following:



Surely the council cannot deny me my right to an appeal, when they have failed to send out the notice by recorded delivery? I cannot be blamed for the fact that the NOT was not delivered.

As far as the appeal goes, am I right to question the observation times, the admittance that the CEO had "a mechanical problem" with his computer and the fact that they are using a time on a picture in which I am in the background, which I haven't even seen?

For info. I was parked roughly where the blue pickup is in the following street view:

Street View

Many thanks in advance for any assistance you can offer.
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post Sat, 3 Sep 2011 - 10:30
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Borg
post Sat, 3 Sep 2011 - 12:48
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I have the same problem but different County! I just received a PCN (using a route restricted to certain vehicles in Clements Road, Ilford) fro Redbridge Council. I don't know the area and I was lost when I make a turn into Clements Road! Can anyone help? Please advice. Thanks

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clark_kent
post Sat, 3 Sep 2011 - 12:56
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QUOTE (Dorsetowl @ Sat, 3 Sep 2011 - 11:30) *
As far as the appeal goes, am I right to question the observation times, the admittance that the CEO had "a mechanical problem" with his computer and the fact that they are using a time on a picture in which I am in the background, which I haven't even seen?


Not really there is no legal requirement to show the observation time on the PCN and you have already admitted in your first letter you parked in contravention to go shopping so haven't really got a leg to stand on unless the paperwork is flawed.
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Neil B
post Sat, 3 Sep 2011 - 13:07
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QUOTE (Borg @ Sat, 3 Sep 2011 - 13:48) *
I have the same problem but different County! I just received a PCN (using a route restricted to certain vehicles in Clements Road, Ilford) fro Redbridge Council. I don't know the area and I was lost when I make a turn into Clements Road! Can anyone help? Please advice. Thanks

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I can't see how a moving traffic contravention 130 miles away is anything to do with someone's parking case??
It's rude to hijack threads, start your own.

-----------

Owl.
You need to wait for the debt to be registered and an 'Order for Recovery' will be sent to you. It should be accompanied by a form TE9 Witness Statement that allows you to overturn it on the basis the NtO was not received.

Do NOT talk about any other aspect of the case on the TE9

Northampton TEC will cancel NtO, CC and OfR and the Council may then re-issue a new NtO.

--
Sort that and we'll deal with the other matters when needed.


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

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Dorsetowl
post Sat, 3 Sep 2011 - 13:57
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Neil B,

Thank you very much. I'll await the TE9.

Clark_Kent,

There might not be a legal requirement to show the observation time, but there is a requirement for it to happen (as per the councils own procedures). As of yet they have failed to provide any proof that I was there for longer than 5 minutes. I wouldn't have thought being in the background of somebody else's photo would have stood up. I doubt they would be able provide the photo of somebody else's vehicle due to data protection?
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Neil B
post Sat, 3 Sep 2011 - 14:58
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remember what I said about not confusing issues on the TE9.

We can discuss the other issues in readiness for when a new NtO is issued - but that's all for now.

You can find a TE9 form on the TEC website if you want - just to know what to expect.

---------

i am seeing flaws in the rejection of a legal nature.

There also seems to be some confusion -- I don't know where they calculated 12 minutes from??

Equipment failure may indeed be relevant, rendering the issue of the PCN 'unreliable'?

Failure to forward you evidence on which they are relying is also contentious.


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

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