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drpsg
My wife received a PCN for parking in bay during no loading/waiting hours, which we paid up as all the markings were correct etc. However, we've now received another PCN through the post from a CCTV camera for the same offence, dated 4 min earlier than the PCN put on by the CEO.
I seem to think that you can't be given 2 tickets for the same offence, but would like clarification - what's the best way of defendin this.
TIA
Teufel
i think they are both invalid for duplicity - the council cannot make 2 demands
for the one contravention - this unlawful and a procedural impropriety
which invalidates the whole process

appeal both on this basis
drpsg
Thanks, unfortunately the 1st one has already been paid, so there's not much we can do about that now.
Glacier2
The second one is easily winable.

Let me guess, is this Enfield?
drpsg
Yes, it is Enfield. So just contest it on other grounds, then just say ticket for the same offence already issued and give the PCN of it. Does anyone know specific law that says this that I can quote at them or any other legal jargon.
Glacier2
Procedural impropriety.

Also what are the council doing having CCTV enforcement in areas that have CEO patrols?

Enfield are dangerous for this sort of thing. I know of one case where a person appealed an invalid CEO reg 9 PCN issued by Enfield. Enfield then begrudgingly cancelled the PCN but as a parting shot in the notice of acceptance they said that they had CCTV evidence of the contravention and that they would issue another PCN. Sure enough they did on the 27th day after the contravention. Enfield had reviewed old footage so they could reissue for the same contravention. This PCN was only cancelled after they failed to submit evidence to PATAS.
Neil B
QUOTE (Glacier2 @ Thu, 2 Jul 2009 - 11:19) *
Procedural impropriety.

Also what are the council doing having CCTV enforcement in areas that have CEO patrols?

Enfield are dangerous for this sort of thing. I know of one case where a person appealed an invalid CEO reg 9 PCN issued by Enfield. Enfield then begrudgingly cancelled the PCN but as a parting shot in the notice of acceptance they said that they had CCTV evidence of the contravention and that they would issue another PCN. Sure enough they did on the 27th day after the contravention. Enfield had reviewed old footage so they could reissue for the same contravention. This PCN was only cancelled after they failed to submit evidence to PATAS.


I'm not sure if we are thinking of the same one but for the one I recall the appellant bottled it and paid, being a vulnerable older lady. Disgusting behaviour by Enfield/NCP.




For the paid one i suggest you formally write to PATAS to see if they will consider it in the circumstances. Failing that, you may be able to make a claim in small claims Court?

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