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Full Version: CEO Lied about issuing me with a PCN
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Dapster
Hello all - some advice would be appreciated.

A bit of background - my young son has a bladder complaint meaning when he needs to go, he gets very little warning. He is under the care of a Consultant urologist and I have all the paperwork on that subject.

Anyway, a few weeks ago when in the car, my son announced that he needed the loo, so I pulled over into a pay by phone space, and without paying, ran with him into an adjacent cafe. Just as my son emerged from the loo, I noticed a CEO writing out a ticket, so I ran back to the car with my son, we jumped in and drove off whilst the CEO was still writing out the ticket.

A few weeks later, I received the PCN in the post, with 2 pictures of my car driving off with me at the wheel - NOTE, both pictures are of the car leaving the space, NOT STATIONARY. One is clearly of the car driving into the road, and another looks like it could be of the car parked, but the day running lights are illuminated and the car is at a slight angle to the pavement. In neither photo is there a PCN attached to the car.

I contested the ticket on line, stating that a PCN had not been issued, (and therefore there was not one affixed to the car).

I received a response stating that my appeal was rejected. The notes from the CEO states that he printed the ticket and handed it to me. I then allegedly acknowledged the incident by saying "sorry" as I took the PCN. I have the option of paying the reduced PCN charge or appealing.

The facts:

- I parked in the bay without paying
- I saw the CEO typing out the details in to his device
- I did not converse with the CEO
- I certainly DID NOT take the PCN or say "sorry"
- I drove off before a PCN was attached to the vehicle
- The CEO's statement that the PCN was handed to me IS A TOTAL LIE

Question is:

1) Should I simply pursue the line that the CEO has lied and that the PCN was never issued and / or
2) Should I go into any detail about my son's medical condition meaning I had his situation to consider above paying for a ticket?

Any advice gratefully received.

Many thanks.
hcandersen
This process is governed by time but at present we don't know how much we've got.

What is the date of the NOR? Better still, pl post it, the PCN and your reps.
Incandescent
The Traffic Management Act 2004 introduced the facility for councils to issue postal PCNs if a PCN was in course of preparation by a CEO, but the driver drove off before it could be served.So no mileage there, I'm afraid. If you thought driving off got you out of the PCN, then think again. HOwever, the CEO's notes would seem to be your best bet, as you can claim the PCN was not handed to you. Whether the CEO's "terminalogical inexactitudes" will get the PCN cancelled on appeal to an adjudicator can only be tested if you go there, and this means the discount is lost.

Does their NoR re-offer the discount ?
Neil B
If they are claiming the PCN was handed to you then you probably didn't get a PCN in the post
but a Notice to Owner.

As above, show all the docs so we can unravel it.
DancingDad
I'm with Neil and suspect the postal notice was an NTO.
And that you are now at the stage of received a formal Notice of Rejection with options to pay full amount or appeal to adjudication.

Devil will be in the details so can we see some please?
Copy of the "PCN"
Challenge and rejection.

Blank personal details, dates times and location are important so leave them in.
Jo Carn
As well as the PCN, can we see the photos?
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