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tooter
I recently received a PCN and submitted a request for a copy of the CEO's witness statement and challenged the issuing authority (Manchester City Council) as per directions on back of ticket. My challenge was rejected but I did receive a copy of the CEO's statement and this statement appears to be incorrect.
The CEO has stated the he was issuing a ticket to another vehicle across the road from mine when I returned to my vehicle. This is not true and I can prove this by the fact that I am present at my vehicle in the CEO's photograph of the alleged offence.
The truth is that he was still in the process of issuing my PCN when I returned to my vehicle, as I was only a few feet away investigating why my route was blocked.
Is this incorrect statement grounds for an appeal or would I just be wasting my time.
I value any opinion/comments
Thanks for reading
tooter
«THÖMÅS®©™»
If what you say is correct, then the CEO has acted unlawfully as well as lying.

I cannot give you any legal advice but what I say above is not to be taken as legal advice but is advice from the way I see it.

Hope that is not confusing to you.
RxBandit
I'd start from the beginning. Post copies of the PCN, your challenge, the councils response etc (redact your name, address, VRM and PCN no.)

Explain the events in order. There's not much ppl can objectively advise on at the moment.

To answer your question - an adjudicator can only allow an appeal on one of the statutory grounds, so no - that alone isn't a ground to appeal on. However, *if* the CEOs notes can be shown to not reflect the facts it will affect the credibility of his evidence. Depending on the facts (such as why the alleged contravention) it may give an adjudicator reason to find one of the statutory grounds applies (such as the contravention did not occur)

So, docs and facts please.
tooter

Hope the above image has worked ok.
I am a licensed black cab and was heading for the taxi rank (on the right as you look at the picture). The rank has spaces for three cabs but there was two cabs already on the rank shown in black that had not moved up to allow a third cab on the back. I sounded my horn to let the cabs know that I would like them to move up and allow me on the back of the rank but they did not move. I pulled my cab to the side (as shown in red on the picture). I got out of my cab and approached the driver of the first cab to investigate what the hold up was, the driver quickly finished what he was doing (mobile phone call) and moved up the rank, the second cab followed. I then returned to my cab and discovered a traffic warden in the process of preparing a parking ticket for my cab. I explained what had happened but he chose to ignore my explanation.
The CEO's statement says that when I approached him he had moved on from my vehicle and was in the process of preparing a pcn for another vehicle on the opposite side of the road in the loading bay (green colour of approx position of CEO). This is not correct as I appear in his photo's of my vehicle
tooter
Sorry I did not put who had posted the above sequence of events.
Posted by tooter
Thanks for looking
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