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Hi all

 

Just joined the forum, need a bit of advice re a PCN 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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The PCN 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.

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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 PCN was on the car?

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Does he not have to have evidence that the PCN 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.

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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.

 

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!

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

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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Even now, if a CEO drops the PCN 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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If thats the case what happens if the driver snatches the PCN and runs off with it?

 

CEO prevented from serving?

LA has to prove that it was the driver of the car in question.

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

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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