Help with PCN Contravention 06

[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.

[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.

[Jamberson]

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

[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.