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Full Version: PCN Code 12R, Camden - Inconsistent Observation Time
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acs_08
Hi everyone,

I received a PCN attached to my windscreen for a Code 12R (Parked in a residents or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge).

This is a “residents permit holders only” zone and I was parked during the zone’s prescribed hours of operation and the signs and markings are clear.

However, whilst the PCN shows an observation time of six minutes (10.30-10.36). A resident who was filming on his camera phone at the time has handed me the video file which shows the CEO present at the kerbside next to the vehicle for only 2 minutes and 47 seconds before serving the PCN. The resident who was filming has implied that the CEO was watching the vehicle from around the corner before approaching it to serve the PCN.

I made an informal appeal against the PCN for a procedural impropriety by the council for stating an inconsistent observation time via their online form and submitted screen shots of the video file (its 313mb in size) and received the following response:

“Thank you for your letter received on 31/05/2012. This Penalty Charge Notice was issued because the above vehicle was observed parked in a residents' or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge - residents' bay.
I understand from your letter you are contesting the Penalty Charge Notice, but have decided to enforce the Notice. The reasons for my decision are detailed below.
I have referred to the notes made by the Civil Enforcement Officer at the time the ticket was issued, and these confirm that the location in which you parked is reserved for resident permit holders, and the Civil Enforcement Officer noted that the vehicle was within reasonable distance from a time-plate stating these restrictions. The Civil Enforcement Officer did not note any valid documentation in your vehicle which would have allowed parking in this location and there is no grace period before a Penalty Charge Notice may be issued. I believe, therefore, that this Penalty Charge Notice was correctly served.
You have disputed this Notice on the grounds that the observation period recorded on the Penalty Charge Notice does not correlate with the video footage taken at the time the Notice was issued. However, I do not find these grounds sufficient to warrant a cancellation of this Penalty Charge Notice as the Council relies entirely on the veracity of the notes made by the Civil Enforcement Officer which state that the vehicle was observed from 10:30am and the Notice issued at 10:36am. As stated above, there is no grace period before a Penalty Charge Notice is issued to any vehicle parked in contravention.
It is the responsibility of the motorist to ensure their vehicle is parked correctly at all times.
For the reasons outlined above I am satisfied a contravention occurred. I have reset the discount charge for 14 days from the date of this letter and will accept payment of £65.00 in settlement if received during that time. After this period the charge will revert to £130.00. Payment can be made as follows:

If you have access to the Internet you may pay online at www.camden.gov.uk/pay or you can contact our 24 hour automated payment line on 020 7974 6104. Payment can also be made by cheque and sent to the address above. Please make cheques payable to Camden PT and ensure that the above CU number is written on the back of the cheque. You can also make payment in person atCamden Town Hall, Judd Street,London WC1H 9JE.
If you choose not to make payment, we will send the registered keeper of the vehicle a Notice to Owner. This statutory document explains the grounds on which the registered keeper of the vehicle can make formal representations against the issuing of the Penalty Charge Notice. I must make clear that the discount period for payment will have expired by the time a Notice to Owner is issued, and the charge will have reverted to the £130.00.
Please also be advised that if the council does reject any formal representations that are made by the registered keeper of the vehicle the registered keeper will have the option of appealing to the Parking And Traffic Appeals Service who are an independent adjudication service.

Yours sincerely”


So by stating an inconsistent observation time on the PCN, would I have any grounds to appeal to PATAS for this inconsistency against a video taken at the time, and would stating these timings be grounds to invalidate the PCN?
I have read on one other council website (Westminster) that a code 12R does not require an observation time (but a code 12S, shared use residents and pay & display does).

Any comments would be appreciated. Thanks.






SchoolRunMum
Not sure you have much of a case, personally.

All the CEO has to say is that he had the whole line of cars in sight from 10.30 - maybe even walked past each car, put your car reg number into his hand-held thingy as a 'possible' at 10.30am, then walked along the bay checking the permits one by one, stopping at yours when he was then filmed.
acs_08
QUOTE (SchoolRunMum @ Sat, 23 Jun 2012 - 19:35) *
Not sure you have much of a case, personally.

All the CEO has to say is that he had the whole line of cars in sight from 10.30 - maybe even walked past each car, put your car reg number into his hand-held thingy as a 'possible' at 10.30am, then walked along the bay checking the permits one by one, stopping at yours when he was then filmed.



Yep you could be right, as the camera is only trained on the vehicle the whole time and does not zoom down the street at any time. I thought that the CEO had to record the tax disc number into his handheld to begin the observation time, but I could be wrong. There is something between a constant observation and a casual observation where the CEO does not have to be at the vehicle side for the whole time.
The resident who filmed even said he would write me a statement as a whitness, but there are a couple of holes in this, I agree.
I have until the end of today to pay the reduced charge, which is probably what I'll do unless anyone has any further advise.
Thanks SchoolRunMum for the comments.
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