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safepark

Broken down vehicle- PCN Challenge Advice

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Hi,

 

I have just had a letter of 'Notice to Owner' with regards to an unpaid PCN.

 

The details are correct with regards to Vehicle details but I do want to challenge as i think that they are wrong in issuing, for several reasons.

 

Firstly the vehicle was loaned to a Family member as bigger room for transporting goods.

 

There was never a ticket attached to the vehicle, hence it not being paid or brought to light that there was indeed a PCN!

 

The vehicle was parked in an unrestricted area from 8pm until 9am the next morning, which was within the restrictions.

 

The vehicle is a vintage vehicle that had developed an electrical fault, which was discovered in the late evening. All of the headlights and side lights were not working upon return to the vehicle. making it unsafe to drive.

As such, the decision was made to leave the vehicle in situ and return in the morning to move it then. When the driver returned the ticketing officer was ticketing other cars parked there which clearly had tickets attached to the windowscreen. He never approached the vehicle, or spoke to the driver or appeared to be taking any interest in that vehicle.

The ticket was issued at 9.10am.

Parking was allowed for an hour from 8am.

Driver was with the vehicle by 9am and this was obviously within the restrictions.

 

Unusual situation, but what do you think are my chances of appeal?

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Hi,

 

I have just had a letter of 'Notice to Owner' with regards to an unpaid PCN.

 

The details are correct with regards to Vehicle details but I do want to challenge as i think that they are wrong in issuing, for several reasons.

 

Firstly the vehicle was loaned to a Family member as bigger room for transporting goods.

 

There was never a ticket attached to the vehicle, hence it not being paid or brought to light that there was indeed a PCN!

 

The vehicle was parked in an unrestricted area from 8pm until 9am the next morning, which was within the restrictions.

 

The vehicle is a vintage vehicle that had developed an electrical fault, which was discovered in the late evening. All of the headlights and side lights were not working upon return to the vehicle. making it unsafe to drive.

As such, the decision was made to leave the vehicle in situ and return in the morning to move it then. When the driver returned the ticketing officer was ticketing other cars parked there which clearly had tickets attached to the windowscreen. He never approached the vehicle, or spoke to the driver or appeared to be taking any interest in that vehicle.

The ticket was issued at 9.10am.

Parking was allowed for an hour from 8am.

Driver was with the vehicle by 9am and this was obviously within the restrictions.

 

Unusual situation, but what do you think are my chances of appeal?

 

I'm confused, if the vehicle was moved by 9am when you say the restriction starts why was the CEO giving out PCNs at the time it was moved ie before 9am?

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I'm confused, if the vehicle was moved by 9am when you say the restriction starts why was the CEO giving out PCNs at the time it was moved ie before 9am?

 

That's not what I read the OP as saying. I read the OP as saying that the driver was only with the vehicle by 9am. I infer that the vehicle was moved later and had been observed more than an hour earlier.

 

I think that the CEO is treating this as a "driveaway" having started to prepare a ticket.

 

OP does not give the date but unless it was in winter time the car could have been moved prior to 9am, unless the driver needed some time to rectify the electrical fault to get the car started!


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

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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To clear up any confusion, the restrictions started at 8am, but allowed for an hour parking. This meant that parking was within restrictions up until 9am.

 

I disagree that we were driving away because there was never any interest from the ticket officer whilst we were with the vehicle. The area i notice is CCTv'ed and we actually had a wheel cover stolen from the vehicle at some point during its 'laid up' period.

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Just to clarify matters can you state...

 

a) what the PCN was actually for

b) what the restriction is

 

if possible scan and post the NTO.

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The PCN was issued code 30 for being parked longer than was permitted.

The restriction was an hour parking from 8am-5pm. So they claim it was issued at 9.10. The driver was actually with the vehicle adressing the electrical fault and /or setting off from that car park. No ticket was attached to the vehicle. The ticketing officer never made any contact with the driver, nor tried to attach a ticket, nor even gave any interest whilst the driver was insitu.

No scanner-sorry

If a car has broken down and its being addressed, can they still give tickets?

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The PCN was issued code 30 for being parked longer than was permitted.

The restriction was an hour parking from 8am-5pm. So they claim it was issued at 9.10. The driver was actually with the vehicle adressing the electrical fault and /or setting off from that car park. No ticket was attached to the vehicle. The ticketing officer never made any contact with the driver, nor tried to attach a ticket, nor even gave any interest whilst the driver was insitu.

No scanner-sorry

If a car has broken down and its being addressed, can they still give tickets?

 

OK much clearer now so basically they are saying you parked from 8.00 to 9.10 ie ten mins too long. I wouldn't hold much chance of the 'broken down' excuse since you subsequently drove off and had since the previous evening to fix it. I would ask for evidence the PCN was served and the CEOs notes recording your stay ie his observations at 8.00 am and 9.10am.

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Maybe i should not have used the perminology of being 'broken down'. With no headlights, side lights, hazards or flashers working it would have been unsafe and unroadworthy for him to have driven. Not mechnics though and couldnt get anyone to give attention to first thjing the next morning.

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there is an online system for disputes but you have to give all of your evidence first. I cannot do this as i will be requesting info from them first. So i write to the PO Box processing centre of to the Council? Do I write at this stage that i am disputing the ticket?

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Ok, forget timings. You were parked at 9.10, whereas the limit was 9.

 

Is the previous night relevant? I can see your issue if it was winter, and you had to move the car but needed lights to do so, fair enough.

 

But the issue is that it was daylight, 9am and you didn't move the car because you had no indicators or lights? I don't see how this would have prevented you moving the car to an area where you could park? You don't need lights and could use hand signals for indication.

 

Not being unsympathetic, just saying how the council/adjudicator will see it.

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I believe that lights on a car are obligatory, that is, they have to be present, and working.

 

For a motorcycle, lights need not be present, but have to be operational if present.

 

Sam


All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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