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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
chipster
OK - I'm a lorry driver and I'm getting a little sick and tired of the stream of fines that appear on my windscreen or through the post (London borough of Enfield use CCTV and travelling spys with cameras to capture you and then post the nasty letters to your home) even when I am legally loading/unloading.

On the one in question I was parked with 2 wheels on the pavement, just short of marked bays which allow for on pavement parking. I had stopped for only a few minutes to unload. Enfield employ people to drive Smart Cars around the borough fitted out with cameras. It was one of these that "caught" me.

However -

He himself was stopped with two wheels on the pavement to take the picture (I have witnesses)

PCN states "***** Rd, London N18 - CCTV Static" (OK, car was stopped but certainly not a "static" roadside camera)

PCN states ".....operator number *** was observing real time footage from CCTV" - is the footage from the car really beamed back real time to an operator in a control room?

The road is actually listed wrong, with an additional bit on the end (i.e ***** Road EAST). Even ignoring the errorenous addition, the road in question is several miles long and in fact straddles 2 postcodes and different boroughs. Although it states "***** Rd, London N18", is vague locus applicable to PCNs?

I can post the actual PCN if required.

Many thanks for your time and anticipated help!

Chip
Teufel
vague locus is applicable - however if they have photos
an adjudicator may chose not to apply it - the case law is not clear
chipster
OK thanks - but what about the fact that the road named isn't even correct to start off with - "***** Road East" when it should just be "***** Road"?

Shall I post the PCN up? I'm also a little confused on the fact they claim it's a static camera, when in fact it's a camera fitted inside a car.....
chipster
OK, sorry to be impatient but the 14 days to pay a discounted rate (or to start the ball rolling with appeal correspondence) is almost up....

Does anyone have any advice?

Thanks

Chip
contractor
Given that if a parking attendant is attempting to issue a ticket and then the driver leaves before the ticket is put onto the vehicle or given to the driver, then there is nothing further they can do, how comes they are allowed to take photos and then send this type of pcn through the post?

How does this work when on one side of the coin they have to be "served" to you or the vehicle personally, yet on the other side they can be sent to you in the post?

OK I did a bit more digging. The RTA 1991 states:

66.—(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may—

(a) fix a penalty charge notice to the vehicle; or

(b) give such a notice to the person appearing to him to be in charge of the vehicle.

As neither of these were done, I don't see how you can be done for this.
chipster
Sounds good so far.... however, the PCN is under the London Authorities Act 2000 (as amended) as well as RTA 1991 (as amended). Does this change anything?

Also, how are yellow box PCNs and bus lane PCNs dealt with then if not given at the time?

Thanks for your help so far - please keep it coming!
contractor
OK. First get over to https://www.enfieldparking.com/index.cfm and use the informal appeal process. THis should stop the clock and buy you some more time. Can you scan, rinse, and post the pcn to the forum?

How was the notice served? Was it handed over, put on the vehicle, or did it arrive through the post?
chipster
It arrived by post. I've washed all the details off (I think) but cant seem to post it (apparently the file is too large). Any ideas?

Thanks for the link to the appeal page... will complete that in a bit

Chip
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