notice of rejection for a ticket never issued

[soobee]

I received a NOR and am wondering whether to take it to patas.

 

In a nutshell, I was sent a ticket in the post that was never issued to me.

I came out before the traffic warden placed the ticket on my car.

 

I stood up and had a conversation with him explaining I had been confused because, on coming down the hill I the restrictions were 10am -4pm and I was going to park there, but a parking space became available directly outside the store opposite, (no sign at the spaces where I was) as I had my child and dog in the car I needed to be able to see them in the car as of course you cant take dogs in.

 

the conversation with the warden ended and he walked off with the ticket screwed up in his hand.

I thought this was the end of it until I got a ticket in the post.

 

The NOR did not explain why I wasn't issued the ticket, did not supply me with a picture of the ticket on my windscreen the ceo notes and copies of the original pcn, as requested on the appeal letter.

 

I want to take it to patas as a procedural impropriety and also the council failed to answer my points.

 

Any thoughts appreciated.

[nero12]

can you scan up the pcn , the nto and nor.

 

BTW will be good to scan up your appeal letters.

[soobee]

Hi Nero

Thanks for replying, my appeal was written in the space provided on the back of the pcn they sent me, I will however scan the NOR today.

[Jamberson]

Their letter says they have a photo of the PCN on the windscreen. If this is true, I'm afraid you don't have a real case. If your claim that the PCN was never served is your only line of defence, but they can show a photo proving it was served, this will be pretty conclusive for the adjudicator.

 

However if they do not have such a photo, this statement in their letter would probably swing it for you at PATAS. If you deny that the PCN was served and stick to your version of events, and they have clearly told an "untruth" about their photographic records, that alone would possibly settle the matter in your favour at a hearing. They will look like they are fabricating details to make you pay up.

 

A PCN is served if it's handed to the driver, so you would have to categorically deny that it ever touched your car or you. That photo should be a clincher if it exists.

[lamma]

The OP is very clear that no ticket was attached to the car so the photo seems very remote. The CEO may claim to have handed it over the PCN so a copy of the CEOs notebook should be requested.

[Jamberson]

Yep, agreed. In my experience they use a digital code (something like HTD - Handed to Driver) which becomes part of the computer record, so they may not even refer to a notebook and may use a screen dump instead.

 

This info will have a bearing, but if they deliberately lied about having a photo, and the statement in their letter is very clear on the matter, I personally would take the case forward to appeal as their evidence will be contradictory and look unreliable.

[lamma]

I concur.

[soobee]

Hi all

 

Thanks for your time, they did not supply the picture of it attched to my windscreen the ceo notes or a copy of the original pcn. The security guard saw me talking outside the store to the warden, and I certainly didnt run off. I assumed he exercised discretion as he saw my child and dog outside the store in the car, (other shops on that side further away) the difference in restriction times opposite which I explained to him, and the fact he didnt give me the ticket! Its a bit worrying as I am on benefits, and I hold my hand up to not buying a ticket but if I commited an offence give me the ticket!

[crem]

Their rejection letter clearly states "The CEO affixed the PCN to your vehicle. I have enclosed the photos which shows this"

 

If the photo does not show the PCN on the vehicle as the letter claims, then at the very least doubt is starting to be introduced into the council's evidence. Whilst I agree the PCN doesn't have to be affixed and the CEO might have handed it to the driver, their letter should have these facts right which they haven't.

 

 

edit

Just noticed Soobee says they didn't send the photo. Their letter says they did, ask them to send them urgently as they claim to have already done as you require them to assist your further appeal. (I wonder if they didn't put them in your envelope when they realised there was no PCN showing in them!)