What are my grounds for appeal?

[diveboy]

Hi

 

I wonder if anyone can help me. I received an NTO from Westminster claiming that I had stopped on a single yellow line. They have rejected my informal appeal so I am only left with the option of making an appeal to the tribunal.

 

There are two reasons that I can see for making the appeal:

 

1. I was unloading - I had delivered to the laundarette on the opposite side of the road. Unfortunately I have no receipt or proof of delivery - I have asked the laundarette and they say they don't keep records.

Westminster claim that the PA did not observe any loading activity, however the whole process took less than 3 minutes.

Would I have grounds to claim that the PA did not observe the vehicle for a sufficient period of time to ascertain that loading had occurred?

 

2. I did not receive the PCN. Westminster state that the PA handed the PCN to me. This is simply untrue - I would like to find a way to disprove it.

Can a PA claim that they hand me the PCN - I thought they had to issue it onto the vehicle?

When I returned to my car, the PA saw me, turned and walked away without issuing the PCN.

 

I had a passenger with me who stayed in the car, and she is more than happy to provide a witness statement to concurr. However as she is a friend, she's not exactly an independent witness.

 

Any thoughts on the best way to approach this would be great.

 

Mark

[Michael Browne]

i suppose it all hinges on what you were delivering. Was it goods/supplies to the laundrette or your laundry?

 

However as she is a friend, she's not exactly an independent witness.

No but she is still a witness to the events ie what you were delivering and the fact that the PA neither handed you the ticket or attached it to the vehicle.

[diveboy]

No, I was a customer delivering a large bag of washing. I thought it would still count as unloading as there was a commercial transaction, and the size of it meant that I needed to park nearby.

[Michael Browne]

Forget the loading/unloading then, simply won't wash (couldn't resist that!!)

 

However you could pursue the 'drive away', ie the ticket wasn't served correctly.

[diveboy]

Yes, very witty. I have been told by other PAs that Westinster allow 20 mins for commercial vehicles and five minutes for private loading/unloading on single yellow. Would it not be covered by that, or do I have to show that I was representing a business?

 

In terms of the 'drive away', it was actually the PA who 'walked away' as he could see I was returning to the car. The issue of proof is going to be the problem I suppose.

 

I also noticed that the yellow lines to not end in T's where they meet the double white lines marking a parking meter - does this make them invalid?

[robin9342]

I also noticed that the yellow lines to not end in T's where they meet the double white lines marking a parking meter - does this make them invalid?

Yes, they may well be invalid. It would be a good idea to take a photo of the lines.

 

Can a PA claim that they hand me the PCN - I thought they had to issue it onto the vehicle?

No, the PA can also hand the PCN to the driver, but as you have said, he didn't hand it to you, just walked off. Unfortunately PAs soon will no longer have to attach to the car: no more driving away while the pcn is still being written

[pin1onu]

Yes, they may well be invalid. It would be a good idea to take a photo of the lines.

 

 

No, the PA can also hand the PCN to the driver, but as you have said, he didn't hand it to you, just walked off. Unfortunately PAs soon will no longer have to attach to the car: no more driving away while the pcn is still being written

That drive away non-service law isn't due to come into effect until the end of March so you can still claim the PCN wasn't served.

 

Don't be scared to use your passenger as a witness. You can't always pick who your witness is. The council maybe prejudiced but an adjudicator won't be. If you look at the NPAS website it makes the point that anyone who makes a false declaration at any stage of the PCN process can be convicted and fined.

 

A written statement attached to your informal representation may be enough to get the PCN cancelled. If not it will almost certainly give you a good crack at the adjudication. The PA may claim it was correctly served. If you can catch them in a lie it will not look good at adjudication.

[diveboy]

Thanks for the advice.

I would love to prove that the PA lied, as this is the second time that they've done that to me in Westimster - sadly it appears to be common practice. Although not impartial, my passenger/witness is very reliable and would really like to attend the adjuciation because she is so incensed that the PA lied.