Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default PCN Help - No pictures

    Hi all

    Just joined the forum, need a bit of advice re a pcnicon that was issued to me today.

    I was grabbing some money at a cashpoint, and parked with my back wheel on double yellows just after a corner.. i was out of the car for no more than a minute or two, and was only about ten feet away from my car but unfortunately was not in sight of it.

    I came back and was about to get in my car when i noticed a warden walking towards me from the passenger side of the car with a PCN in his hand.

    I protested that i was only there a minute, he said it was an instant fine. i refused to argue so i got in my car at which point he slapped it on my windscreen and then walked away to get back on his scooter.

    My question is this : is the PCN valid? there was no evidence taken of the PCN attached - and it was not handed to me. I am not sure if pictures were taken of the car before i came back but there was definately no picture of the PCN on my car - he didnt even attempt it - and there is nothing on the website as yet. Surely the fact that my engine was running when he slapped it on means I wasnt parked? and are they able to enforce the ticket when it was not correctly served, and there is no evidence of this??

    thanks in advance.



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  2. #2
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    Default Re: PCN Help - No pictures

    The pcnicon was correctly served as it was handed to you and then fixed to the vehicle after you refused to take it. Photographs are not required neither is proof of service. A running engine has no significance in any parking contravention.


  3. #3
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    Default Re: PCN Help - No pictures

    I was not handed to me, or attempted to be in any way. he kept it in his hand when i was protesting to him - he only put it on the car when i got in it.

    Does he not have to have evidence that the pcnicon was on the car?


  4. #4
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    Default Re: PCN Help - No pictures

    Quote Originally Posted by nickynack View Post
    Does he not have to have evidence that the pcnicon was on the car?
    No. You can deny getting it and ignore it but you will still be in the same situation when you get the Notice To Owner. If you appeal before the NTO it will be in the Councils favour as proof it was served since you must have got the PCN to appeal.


  5. #5
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    Default Re: PCN Help - No pictures

    so i should wait until i get the NTO?


  6. #6
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    Default Re: PCN Help - No pictures

    Quote Originally Posted by green_and_mean View Post
    No. You can deny getting it and ignore it but you will still be in the same situation when you get the Notice To Owner. If you appeal before the NTO it will be in the Councils favour as proof it was served since you must have got the pcnicon to appeal.
    While it may be true in this case it is not necessarily so.

    Under the old regime in a "drive away" a PA threw a PCN through an open window and it was not properly served.

    Even now, if a CEO drops the PCN and the driver picks it up off the floor it has not been properly served.

    Now in a drive away it is irrelevant as the PCN will just be mailed!


  7. #7
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    Default Re: PCN Help - No pictures

    Quote Originally Posted by Bernie_the_Bolt View Post
    Even now, if a CEO drops the pcnicon and the driver picks it up off the floor it has not been properly served.
    If thats the case what happens if the driver snatches the PCN and runs off with it?


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    Default Re: PCN Help - No pictures

    i believe that they must have a photo of the car, showing registration, but not of the ticket on the car as used to be the case, but as usual stand to be corrected

    LF53

  9. #9
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    Default Re: PCN Help - No pictures

    Quote Originally Posted by green_and_mean View Post
    If thats the case what happens if the driver snatches the pcnicon and runs off with it?
    CEO prevented from serving?
    LA has to prove that it was the driver of the car in question.



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