Boxster
Wed, 6 Mar 2019 - 11:48
Hi
I received a PCN in the post for contravention code 02 ie parking or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force. There was no PCN on the car and it 'is being served by post because a Civil Enforcement Officer observed the vehicle and had begun to prepare a PCN for service by fixing it to the vehicle or by giving it to the person appearing to him to be in charge of the vehicle, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the PCN or had served it.'
I've checked photo ID on the website, and there's a photo of parking sign but no photo of the vehicle.
Can I appeal as there's no photo of the vehicle even being there? Also, what if the vehicle was only there for a couple of minutes? There's no indication anywhere on the PCN of how long the vehicle was observed being there.
Many thanks
stamfordman
Wed, 6 Mar 2019 - 11:52
Post the PCN. Obviously if you drove away the CEO wouldn't have had time to take pic and pics aren't needed anyway. No observation time is needed for loading where no loading is allowed. Boarding or alighting is allowed. What were you doing there?
Put pics on
https://imgbb.com or such like.
Boxster
Wed, 6 Mar 2019 - 12:24
It was my husband who was there. He was getting a coffee!
Sorry, what do you mean by 'Post the PCN'? Thanks
peterguk
Wed, 6 Mar 2019 - 12:25
QUOTE (Boxster @ Wed, 6 Mar 2019 - 12:24)
It was my husband who was there. He was getting a coffee!
Sorry, what do you mean by 'Post the PCN'? Thanks
Post up all sides of what you've received in the post.
spaceman
Wed, 6 Mar 2019 - 12:43
QUOTE (Boxster @ Wed, 6 Mar 2019 - 12:24)
It was my husband who was there. He was getting a coffee!
Was it a particularly large cup of coffee???
PASTMYBEST
Wed, 6 Mar 2019 - 12:47
the vehicle was at the location so the only issue is was a PCN properly served We need to see the PCn and the council photo
hcandersen
Wed, 6 Mar 2019 - 12:59
OP, can we start at the beginning pl!
My husband parked on single/double yellow lines at a time when they and a loading restriction were in force, he went in to a shop and returned while a CEO was at the car. He immediately drove away.
I am the registered keeper and subsequently I received a PCN in the post on the basis that the CEO had begun to prepare.......
Help!
What, if any, part of the above is not correct?
Boxster
Wed, 6 Mar 2019 - 16:28
This is all correct. My husband never even saw anyone writing out a ticket though. I can post everything soon.
cp8759
Wed, 6 Mar 2019 - 19:46
QUOTE (Boxster @ Wed, 6 Mar 2019 - 16:28)
This is all correct. My husband never even saw anyone writing out a ticket though. I can post everything soon.
This might help you:
http://forums.pepipoo.com/index.php?showtopic=125502
Boxster
Wed, 6 Mar 2019 - 20:14
https://ibb.co/23tQtYdI've attached the photo evidence from the website
cp8759
Wed, 6 Mar 2019 - 20:33
Write to the council:
--------------
Dear Sir or Madam,
This is NOT a representation. This is a request for information in relation to PCN number XXX
Please would you provide a copy of the log for this PCN from the CEO's hand-held device, together with any pictures taken at the time.
Again for the avoidance of doubt, this is NOT a representation.
Boxster
Wed, 6 Mar 2019 - 20:36
Thank you.
I'm uncertain though if you're saying that by stating to the council that it's not a representation whether I'm challenging it or not? If not, don't I run the risk of having to pay the full amount?
cp8759
Wed, 6 Mar 2019 - 20:52
QUOTE (Boxster @ Wed, 6 Mar 2019 - 20:36)
Thank you.
I'm uncertain though if you're saying that by stating to the council that it's not a representation whether I'm challenging it or not? If not, don't I run the risk of having to pay the full amount?
The whole point here is to get all the information upfront before going in with a challenge. If the council wrongly treat it as a representation and send you a rejection letter, that's a procedural impropriety which makes the whole process invalid, and they'll have no choice but to cancel. If they answer with the information you're asking for, the evidence might show the PCN was issued unlawfully. Worse comes to the worse, they re-offer the discount in almost all cases to dissuade you from appealing further.
Boxster
Wed, 6 Mar 2019 - 20:59
Many thanks, I really appreciate your help.
Boxster
Wed, 6 Mar 2019 - 21:36
Sorry, last question, do I use the contact details that I'd use as if I was making a representation, or do I send a general email to the council (parking department)?
Thanks
cp8759
Wed, 6 Mar 2019 - 21:37
QUOTE (Boxster @ Wed, 6 Mar 2019 - 21:36)
Sorry, last question, do I use the contact details that I'd use as if I was making a representation, or do I send a general email to the council (parking department)?
Use the email address you would use if you were making a representation.
Boxster
Wed, 6 Mar 2019 - 21:47
Great, thanks again.
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