Help - Search - Members - Calendar
Full Version: PCN in Leicestershire
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Just got a PCN. I overstayed my time within a 2 hour limit by 10 minutes. I have a code 30 on the pnc.

Any advice to fight this?
Sorry guys forgot to upload ticket.

Further info about is is the car was parked on the side of the road and there was signage saying 2 hour period.

Wont let me upload.
Good stuff.

just need the other side now.
Yep good idea. Apolgise for that.

NW Leicestershire gave this reply when asked about their CEO uniform.

The Council's logo is used on left hand breast area of shirts, jumpers, hi-viz vests, fleece jackets and waterproof jackets. This logo can be viewed on the Council's website (left hand upper corner of home page). The written information that accompanies the logo is 'Civil Enforcement Officer'. The words 'Civil Enforcement Officer' also appear on the back of the waterproof jacket. Epaulettes are also worn and these display the officers identification number and the written word 'parking'. The hat displays the Council's logo (as indicated above). Officers are not required to wear the hat at all times.

Considering the above you can include all the text below in any appeal (You should also demand to see the evidence that indicates that you parked for longer than permitted).

Leicestershire County Council (LCC) is the enforcement authority according to the PCN issued. However, it has come to my attention that the uniform worn by the on street CEO did not display the name of LCC. This failure is a procedural impropriety.

Section 76(3) TMA 2004 requires all CEO’s to wear a uniform that accords with guidelines. These guidelines are to be found in paragraph 42 of the Secretary of State’s statutory guidance. One of the requirements is that the uniform displays the name of the local authority (or authorities) on whose behalf the CEO is acting. It is section 76(1) TMA 2004 that indicates on whose behalf a CEO is acting.

76(1)A local authority may provide for the enforcement of road traffic contraventions for which it is the enforcement authority by individuals to be known as civil enforcement officers.

It is clear that under the TMA 2004 a CEO is enforcing road traffic contraventions on behalf of the enforcement authority as no other authority is authorised to provide for the enforcement of road traffic contraventions by individuals known as CEO’s. The TMA 2004 does allow for an enforcement authority to either directly employ a CEO or to use CEO’s employed by a contractor. In this case North West Leicestershire DC (NWLDC) is the contractor. Such a contract does not transfer enforcement authority status from LCC to NWLDC. This is a fact confirmed by the PCN. The PCN confirms that LCC is the enforcement authority and that NWLDC acts as a contractual agent. An agent acts on behalf of their client; they do not act for or represent themselves. The TMA 2004 does not allow for anyone other than the enforcement authority to provide for the enforcement of road traffic contraventions by CEO’s and as such any CEO is acting on behalf of LCC and not NWLDC. Therefore the uniform worn by the CEO was required to display the name of LCC. It did not and thus a procedural impropriety occurred as section 76(3) TMA 2004 was not adhered to.
Wow, this is some technicality.

I will use this and let you know what they come back with. Nice one chap.
Hi guys.

Right made a mistake. I appealed against the ticket for another reason that was rejected. I claimed I moved the car away from the area and returned 10 minutes early. That I actually did as I do live close by and had to go home. Anyway the actual sign sadi "No return for 4 hours". So basically that nullified my appeal. Genuine mistake.

So now I have ot wait for the NTO to come through so I can use the advice you guys gave me. I should have done that before but there you go.
How about posting your challenge, their response, the location and the time period during which you were observed while we're all waiting for the NTO?

This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2020 Invision Power Services, Inc.