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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Lesley C
I was issued with a PCN for parking next to a drop kerb opposite where I live. My bumper was just on the white line. I challenged on the basis that the photographic evidence did not show me contravening the charge. I have received a notice of decline and my question is should I just pay or should I challenge further? any advice would be welcome.
I have attached the photos taken on the night in question and the notice form the council.
many thanks for any comments.

https://www.dropbox.com/s/kli80lqc0cqe33n/P...f%20decline.pdf

http://i1299.photobucket.com/albums/ag79/C...zps118d7863.jpg

http://i1299.photobucket.com/albums/ag79/C...zps4ebc1b87.jpg

http://i1299.photobucket.com/albums/ag79/C...zps84a0d0f7.jpg

http://i1299.photobucket.com/albums/ag79/C...zpse743448e.jpg

http://i1299.photobucket.com/albums/ag79/C...zps0427234e.jpg

Gan
Are CEOs specially trained to take such bad as well as useless fauxtographs ?
As far as I can see he hasn't taken a single picture that shows where the car was parked

Regardless of the white line, were you parked over the DROPPED kerb or the sloping part ?

We need to see the original PCN, every page, as well as your appeal

When the NTO arrives, appeal on the grounds that the contravention did not occur and if the PCN isn't cancelled you will take it to adjudication.

You could also have a dig and suggest that the CEO should be trained in the proper operation of his camera
hcandersen
Obviously, the contravention did not occur, indeed it's impossible for anyone to park in contravention of s14 of the London Local Authorities etc. Act 2003, it's been repealed.

There's a virtually equivalent provision within the Traffic Management Act 2004, but that's not the point.

I suggest you write back to this effect:

Dear ****,
PCN No. ************* ; Vehicle Reg. No. *************

I refer to your letter dated ******* titled Notice of Decline of Challenge.

I am making a further challenge under new grounds as follows:

1. Regulation 4(b) of the General Regulations 2008 provides that a PCN may only be served in the following circumstances:

Imposition of penalty charges

4. Subject to the provisions of these Regulations a penalty charge is payable with respect to a vehicle where there has been committed in relation to that vehicle—

(b)a parking contravention within paragraph 3 of that Schedule (other parking contraventions in Greater London) in a civil enforcement area in Greater London


2. Part 1 of Schedule 7 to the Traffic Management Act 2004 makes provision for parking contraventions in Greater London which are subject to civil enforcement.
3. Section 14 of the London Local Authorities and Transport for London Act 2003 (which is the Act which your letter states is the legal basis both for serving the PCN and rejecting my challenge) is not included in Part 1 and consequently is not grounds for serving a PCN.

It therefore follows that the council have acted unlawfully in serving a PCN in these circumstances, irrespective of the other facts in the matter, and therefore I respectfully suggest that the PCN is cancelled forthwith.

Hugs
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