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I just recieved a letter telling me a pcn was issued and I must pay £100.
No PCN was issued, the enforcer was looking at my car from over the other side of the road and rather than argue I drove off. He did not even talk to me and I did not say a word to him.
The letter is false to say a PCN was issued, I guess if it was there would be a £50 grace period? Anyway I dont believe I was illegally parked but again rather than argue I drove off and no PCN was issued to the enforcer is lying if he says it was. I also have a witness.
I've heard the law has changed and they can now fine me without a PCN so what should I do???
Also just seen that "the authority may disregard any representations not made to the authority within 28 days of the PCN". The alledged PCN that was never issued was issued on the 19/4/08 according to them!
I just recieved a letter telling me a pcn was issued and I must pay £100.
No PCN was issued, the enforcer was looking at my car from over the other side of the road and rather than argue I drove off. He did not even talk to me and I did not say a word to him.
The letter is false to say a PCN was issued, I guess if it was there would be a £50 grace period? Anyway I dont believe I was illegally parked but again rather than argue I drove off and no PCN was issued to the enforcer is lying if he says it was. I also have a witness.
I've heard the law has changed and they can now fine me without a PCN so what should I do???
Also just seen that "the authority may disregard any representations not made to the authority within 28 days of the PCN". The alledged PCN that was never issued was issued on the 19/4/08 according to them!
How do you know a PCN was not issued? It obviously was or you would not have got the letter. You are getting 'issued' and 'served' confused.
Why would you consider that the CEO was going to issue a ticket to you or argue if you were legally parked and he never spoke to you?
If you post details of the contravention and the PCN maybe we can help, just trying to deny a PCN was issued will get you no where.
Well I called and according to the council on their computer it says that the warden handed it to me (so he says it was served). He is lying and I was with someone else so I can prove it. Then on his notes according to another person at the council it says "handed to a white boy"!
He was looking at my car which is why I would have considered whether to discuss it and if I did discuss it I think I would have been right; doesnt mean he wouldn't have issued a ticked anyway does it!
Nethertheless no pcn was issued to me or my car as this NTO claims.
I would be inclined to pay £50 (which it would have been if it was given to me) but only if they take action on the guy making the fraudulent statement? Then again I dont really want to pay £50 notes where there is no PCN "issued to the above vehicle" as claimed?
You will need to appeal the NTO on the grounds that no contravention occurred. Ask for proof of service, i.e. photos of pcn in situ on car etc.
What council is this? Westminster are well known for ghost PCNs.
The thing is a contravention might have occured and then I will have to dispute that. Is there a timeframe in which a PCN can be issued. They could issue one now as none has been issued couldn't they! Then I am back to square 1!
Should I ask for proof of service, I know they guy is lying?
The council have to prove a contravention occurred. They can't issue any new pcn now. The PCN has been issued but not correctly served, now you have a NTO. You must make representations against the NTO.
Ask for proof of service. Ask to see the CEO's notes. Then take it from there.
The council have to prove a contravention occurred. They can't issue any new pcn now. The PCN has been issued but not correctly served, now you have a NTO. You must make representations against the NTO.
Ask for proof of service. Ask to see the CEO's notes. Then take it from there.
They reckon they have photos of the vehicle so they could prove a contravention. But there is definately no service of the PCN.
I am willing to take a £50 hit to get the guy who lied about me but if they cant issue the PCN now by post say then thats fine and dandy!!!
Let them provide the photos. The photo should show the pcn in situ on your windscreen.
If they don't produce the notes the council will fail at the adjudicators. Get your NTO appeal in first and see what they come up with and take it from there.
The thing is a contravention might have occured and then I will have to dispute that. Is there a timeframe in which a pcn can be issued. They could issue one now as none has been issued couldn't they!
A PCN has been issued you have proof of that in front of you on the NTO, why would the Council issue another one?
A pcn has been issued you have proof of that in front of you on the NTO, why would the Council issue another one?
Green I think what the op is asking is would they issue another ticket to make up for the apparent fib.
Not an unreasonable question under these circumstances. The op is questioning the honesty of the LA to which it appears he has no confidence, I dont blame him.
The council have to prove a contravention occurred. They can't issue any new pcn now. The PCN has been issued but not correctly served, now you have a NTO. You must make representations against the NTO.
Ask for proof of service. Ask to see the CEO's notes. Then take it from there.
This is sound advice, could I also suggest obtaining under the freedom of information,the error rate of the attendant and details of pcn's subsequently cancelled due to inacurate(false) information in the last 6 years to help with your representations to the tribunal. Also what about scanning the nto to check for mistakes , you never know.
I cannot see what the CEO would have to gain by lying about service bearing in mind PCNs can be served by post but I guess if thats what is supposed to have happened.....who knows??
I cannot see what the CEO would have to gain by lying about service bearing in mind PCNs can be served by post but I guess if thats what is supposed to have happened.....who knows??
Green previously the issuing of ghost tickets was common place, the first you knew was the nto ive seen this twice personally. Thats what got me interested in this subject.
Dont ask me why, some attendants do this. They maybe compulsive liars or just having a bad day. Who knows, however it does happen sadly more often than not.
Green previously the issuing of ghost tickets was common place, the first you knew was the nto ive seen this twice personally. Thats what got me interested in this subject.
Dont ask me why, some attendants do this. They maybe compulsive liars or just having a bad day. Who knows, however it does happen sadly more often than not.
Exactly 'previously' it did happen but now you may as well just say the driver drove off, which obviously they did, and post it?
Exactly 'previously' it did happen but now you may as well just say the driver drove off, which obviously they did, and post it?
I know the rules (and goal posts have changed) it now seem to be in the favour of the la, if they are dishonest they now have the legal tools and the means with which to dispense with their dishonesty almost without redress. The attendant on this post seems to think he can falsify information, without forums like this what help would the op get.
Nothing it seems.?
I know the rules (and goal posts have changed) it now seem to be in the favour of the la, if they are dishonest they now have the legal tools and the means with which to dispense with their dishonesty almost without redress. The attendant on this post seems to think he can falsify information, without forums like this what help would the op get.
Nothing it seems.?
The reason that the CEO lies is often because the LA he works for does not use the pcn by post procedure. Therefore, like the original poster, the CEO knows that if he hasn't finished the PCN paperwork and you get in the car and drive away he has lost. Therefore he lies in his record and states that he handed it to driver. Because he has your tax disc number the adjudicator will tend towards preferring his account rather than yours. I am fighting this at present - it is my belief that a penalty that can be issued without proof is ultimately one challengeable in the highest court. This is why some LAs already use handheld cameras and before long they all will. In my appeal I have suggested that the use of cameras by LAs protects both the driver and the CEO, so for the LA not to use cameras is reckless. Don't hold much hope but see how I get on.
The reason that the CEO lies is often because the LA he works for does not use the pcn by post procedure. Therefore, like the original poster, the CEO knows that if he hasn't finished the PCN paperwork and you get in the car and drive away he has lost. Therefore he lies in his record and states that he handed it to driver. Because he has your tax disc number the adjudicator will tend towards preferring his account rather than yours. I am fighting this at present - it is my belief that a penalty that can be issued without proof is ultimately one challengeable in the highest court. This is why some LAs already use handheld cameras and before long they all will. In my appeal I have suggested that the use of cameras by LAs protects both the driver and the CEO, so for the LA not to use cameras is reckless. Don't hold much hope but see how I get on.
Can't see the point in dragging up an ancient thread but since you have....what use are cameras if the PCN is handed to the driver I doubt if the driver is going to pose for a photo as the PCN is being handed over? Good luck if you intend to take it to the High Court I hope you have deep pockets.
Have found a adjudicator's decsion where in circumstances almost identical to mine and the poster's the adjudicator allowed the appeal on the basis that he found the appellant credible and consistent.
I added to thread as it is one of only a very few dealing with this topic. Considering judicial review but no, unless having holes in them counts, pockets not deep.
PCN but no PCN issued
was issued and I must pay £100.
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Originally Posted by peter123
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