Thread: Given Notice to Owner without ever having got a PCN

Hi,

I hope you can help me.

I received this 'notice to owner' yesterday having never got a pcn.

When I asked my wife if she had got a ticket on this date she said that she had left when she saw the 'Civil enforcement officer' coming and he didn't serve a notice.





Can I appeal this?

Did they need to actually issue the ticket?

Kind Regards

Similar Threads:

• "Notice to owner" and no PCN
• No PCN received and Notice to Owner received after 3 months of aleged ticket
• Notice to owner received but no PCN
• Received Notice to Owner without receiving PCN...
• Notice to Owner but no PCN

Yes, on the grounds of procedural impropriety by the Council.

Either

a) a Section 9 pcn should have been affixed to the vehicle or handed to the driver, or
b)a Section 10 PCN sent to the address of the registered keeper.

It appears that neither of these happened and, further, you were therefore deprived of the opportunity to settle the matter within the discounted payment period. That is your grounds for appeal.

You have 28 days from yesterday (the date of service) in which to make your representations.

Thanks.

Can you tell me if there is a template letter for this case or should I write the letter from scratch?

Kind Regards

You don't need a template letter (in fact, you don't need a letter at all!)

Tick the box on the NtO for procedural impropriety. Write in the details box "No pcn was issued as required by Section 9 or Section 10 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007". Date, sign, name in the boxes below that.

Photocopy both sides of the NtO and then send it to the Council.

Originally Posted by patdavies

You don't need a template letter (in fact, you don't need a letter at all!)

Tick the box on the NtO for procedural impropriety. Write in the details box "No pcn was issued as required by Section 9 or Section 10 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007". Date, sign, name in the boxes below that.

Photocopy both sides of the NtO and then send it to the Council.

Thanks.

I have already scanned the document.

I will do this straight away.

You've been a great help.

Best Regards

Hi, I got a reply to this now. They claim that the ticket was handed to the driver (my wife) but she was adamant that he did not hand her or even try to hand her a pcn.

There are no regulations in the TMA about the issuing of PCNs. The TMA 2004 is an enabling act in this respect and the regulations quoted are correct and are the regulations pertaining to the issuance of PCNs.

So in that respect, the guy knows not of which he writes.

You are now reduced to appealing to the Adjudicator.

I find it most interesting that the CEO has the time to take pictures of an empty car without first placing the pcn on the windscreen, when the usual point of taking picyures is top prove theat the PCN has been placed on the vehicle. ie the usual modus operandi. I also note that the Council have not produced a copy of the PCN as some sort of proof.

I would be tempted to appeal to the adjudciator on the same grounds and force the Council to provide proof of service - at worst it will cost you an extra £50; at best £0.

ask for copies of the CEOs notebook entries. there are well known CEO [problem]s involving taking pictures before issuing. The notebook is hard to maintain correctly IF the CEO was into these.

Curious how the NtO stated the pcn was served by CEO 3023, whilst the appeal rejection letter states the PCN was handled by CEO 1229!

Also interesting how the handcrafted portion of the letter states £50/£100 payments whilst the boilerplate part states £60/£90. Despite differing initial figures thats a 100% increase vs a 50% increase.

Originally Posted by Turtle1000

Curious how the NtO stated the pcn was served by CEO 3023, whilst the appeal rejection letter states the PCN was handled by CEO 1229!

Also interesting how the handcrafted portion of the letter states £50/£100 payments whilst the boilerplate part states £60/£90. Despite differing initial figures thats a 100% increase vs a 50% increase.

Good points - although it is not a 100% increase, it's a 50% discount on the higher figure.

Yes, this should be appealed on
1) the original grounds of no PCN issued,and
2)the unreliability of the evidence as the CEO appears to change between the NtO and NoR, and
3) the further confusion with the amount due.

Slam dunk I would thing - the Council probably won't even turn up for the hearing!

Many thanks everyone.
So I just fill out the Parking Adjudicator form with these points and I don't have to bother to contact the council again?

Do I have to turn up for the hearing, or should my wife turn up (as she was the driver) ? Or do you think that we could get away without turning up at all and still win the case?

Kind Regards

Originally Posted by AbuHaneefah

Many thanks everyone.
So I just fill out the Parking Adjudicator form with these points and I don't have to bother to contact the council again?

Do I have to turn up for the hearing, or should my wife turn up (as she was the driver) ? Or do you think that we could get away without turning up at all and still win the case?

Kind Regards

It ceased to be anything to do with your wife once the NtO was issued.

You do not have to attend - you can appeal in writing only - but that way you won't have the fun of seeing the Council squirm (if they turn up that is)

Originally Posted by patdavies

It ceased to be anything to do with your wife once the NtO was issued.

You do not have to attend - you can appeal in writing only - but that way you won't have the fun of seeing the Council squirm (if they turn up that is)

Last time I went to one of these the council didn't turn up - it was in Haymarket and the adjudicator was a nice guy.

However it did take about 4 hours of my time including the traveling!

Thanks for your help.