Help with PCN Contravention 06

[katscratchmeow]

Hi

Need some help with PCN Contravention 06

Having parked my car on the day of the fine, I realised that I had no change for parking meter, so I left car and ran in to the shop to get change, to be able to purchase my parking ticket, when getting back to ticket machine I realised the parking warden was putting details of my car in to his machine, I challenged him about this but as it was already through the system, as he stated there was nothing he could do. I had only been gone a minute, I kept my ticket and based my appeal on this, after the owner keeper letter arrived. I had not realised that getting change is not a reason to cancel the charge. Any parking tickets I have ever got which is not many in my life time, I have always paid. But this just was ridicules, as I left the car for a minute to get change, came back to car to see traffic warden, it was 2mins after he issued the ticket, that I got my parking display ticket if I had not argued with him I would have got the ticket sooner.

Needless to say they rejected my appeal and sent rejection notice. Has anyone any help with finding any faults with the PCN /Notice to Owner/ Rejection Notice. I will try to post images.

 

Thanks for any help

 

Pictures by katscratchmeow - Photobucket

Edited August 6, 2009 by katscratchmeow
making pics bigger

[Jamberson]

I can't open the attachment.

 

Am I right in thinking that you received a Notice to Owner, then replied to it with you appeal, then received a Notice of Rejection?

 

If possible can you get a image of the documents on here, including the original PCN.

[katscratchmeow]

HI I will try to post image, but they keep coming up to small and photo bucket is down

 

Thanks

 

Hope the link works

 

http://s602.photobucket.com/albums/tt106/katscratchmeow/

Edited August 6, 2009 by katscratchmeow

[Jamberson]

The first thing I notice is that the PCN only states one minute observation time. In a Pay & Display bay, they should have given you longer.

 

The trouble is you have now made your representation, so the only recourse you have from here is adjudication. I presume that in your representation you stated that you were getting change?

 

This is where you stand: When you park in a P&D bay, you should be allowed a few minutes (I think 5 is standard) before a PCN is issued, in case you are in the process of purchasing a ticket or (if the local regulations permit) unloading, or helping a passenger who has just got out the vehicle. But NOT to go and get change.

 

My belief is that this timescale is discretionary, and not an absolute right - in which case, not being afforded that time period it isn't solid grounds for cancellation. However it would contravene best practice and undermine the local authority's case.

 

Someone else might be able to advise if this assemssment is correct.

 

You can do one of two things - speak to the local authority and ascertain whether they consider an error was made over the observation period, and appeal to their sense of fair play. This is unlikely to get you anywhere but worth a punt in my view.

 

The other course is to apply for a hearing with PATAS, who are the adjudicator. It's free but time consuming, and how strong your case is will depend on what you put in your representation. If you put in writing that you were 5 minutes, and getting change, then you've weakened your own argument about observation times. I couldn't predict how it would go, but you have nothing to lose by going for it, other than the time and effort.

 

It's also possible that the local authority might concede rather than attend the hearing.

[katscratchmeow]

Thanks for the info, I have just relised that on the PCN it states the warden observed car from 12.35 to 12.36 but on the rejection notice it states that he observed it from 12.25 to 12.36. would this mistake be of any help to me.

 

Thanks

 

Kathy:|

[green_and_mean]

What time did you buy the ticket?

[Jamberson]

Surely the rejection notice can't disagree with the PCN?

[katscratchmeow]

Yes the rejection states different from the PCN 2 different observation times.

I bought my ticket at 12.38 after arguing with the warden he put isuued ticket at 12.36.

 

Also on my my 1st appeal to council I stated that I was only gone a minute after parking as I had no change.

Edited August 9, 2009 by katscratchmeow

[Jamberson]

I guess all you can do is apply for a hearing with the adjudicator. The fact that the rejection notice appears to have false observation times on will certainly go in your favour.