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is this ticket correct?


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Did you commit the contravention? Was the signage adequate? What is on the reverse of the PCN? There may be a number of reasons to mount the challenge.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Did you commit the contravention? Was the signage adequate? What is on the reverse of the PCN? There may be a number of reasons to mount the challenge.

 

loadingsignuo9.jpg

My paper work indicates that I delivered the goods aprox 9.54.It couldn't have taken more then 5 minutes because although I had to use a trolley,

the address I delivered to was no more then 20 seconds walk from the loading bay and it was signed for by the porter on the ground floor lobby.

Warden said did not see any sign of loading/unloading and then attempted to put a ticket on my windscreen.

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Surely the answer is simple then if you where actually unloading simply write in with proof and the ticket should be cancelled, what is the point of questioning the PCN or signage when the contravention clearly according to you did not take place? You only got a PCN because the PA only has to observe for 3-5 mins depending on council, then its up to the driver to provide proof of loading.

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Hi cream70

 

Ticket is incorrect does not contain the following

 

(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;

(f) the address to which payment of the penalty charge must be sent.

This may be on the back. But in this case the back is not part of the PCN as not direction is given to the back.

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Surely the answer is simple then if you where actually unloading simply write in with proof and the ticket should be cancelled, what is the point of questioning the PCN or signage when the contravention clearly according to you did not take place? You only got a PCN because the PA only has to observe for 3-5 mins depending on council, then its up to the driver to provide proof of loading.

 

I agree that this is the approach to take now, and osiibly also at NTO stage. If it goes to the adjudicator then my view is that you need to pursue all angles.

 

What I don't know is whether you can raise with the adjudicator a matter you have not previously raised with the council.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Share on other sites

Cream70, for some reasons the images are very big making it difficult to study well.

 

But I think that your best course of action is to write to the council explain that you were loading and enclose a copy (not the original) of the evidence. These would be informal representations. If they reject them they should give you a further period of time to pay at the reduced rate if you wish (and if you wrote to them within the first 14 days). They do not have to do this but it is widespread good practice.

 

Should you chose not to pay, you then have to wait until the Notice To Owner has been served on you. You have no formal right of appeal until it has. Once you have received it, tick the box "the contravention did not occur" and give reasons including a copy of the evidence.

 

If that appeal is rejected, you have the right to go to the independent adjudicator. At this point, come back here for advice. You will have nothing to lose and it will not cost more money at this stage.

 

One final point. Are you the "owner" of the vehicle? If not, I suggest you talk to the owner and/or the keeper and advise them that you have this ticket and will be appealing it. Ideally put it in writing.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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