CCTV PCN challenge?

[Sergei]

Hello,

 

I've received a PCN from Newham Council related to an parking violation that allegedly took place on July 25.

 

The PCN is dated 28/08/2009. Obviously I've received the letter nearly a week later.

 

Also (although in this country I guess that is not a good case for defence) I'm inclined to think that the driver did not leave the car (so in the normal language "it wasn't really a parking).

 

The incident was opposite to the busy station, I cannot tell exactly as it was quite a while ago, but I think a passenger got into my car after perhaps a couple of minutes waiting or so).

[green_and_mean]

PCN is out of time served outside 28 days.

[crem]

Is the car correctly registered to your address ans was so prior to the PCN being issued? I believe the 28 day rule can only be stretched if the council can demonstrate that your details were not accurate through the DVLA at the time.

[green_and_mean]

Newham have issues with this they have sent countless PCNs out of time for some reason, although I don't know why.

[Sergei]

Is the car correctly registered to your address ans was so prior to the PCN being issued? I believe the 28 day rule can only be stretched if the council can demonstrate that your details were not accurate through the DVLA at the time.

 

Well I did buy the car this summer. However, I received DVLA registration form in the first week of July. So there should be at least 3 weeks between my vehicle certificate issue and the alleged time of the PCN.

 

What's more, I cannot even get on their phone line! I want to request additional photos of the parking so I can at least remember the case, but I'm unable to do so

 

Alternatively, I can request them by post, but that is going to take a lot of time with the council, and I have just 12 days left until my £50 period ends...

 

What is my best strategy now? Just launch an appeal based on 28 days expiry?

[crem]

Well I did buy the car this summer. However, I received DVLA registration form in the first week of July. So there should be at least 3 weeks between my vehicle certificate issue and the alleged time of the PCN.

 

 

 

What is my best strategy now? Just launch an appeal based on 28 days expiry?

 

Double check the date on your V5 which is at the bottom of the page under Section 8. If this date is clearly before the PCN was issued, then I would go with G&Ms option and challenge on "procedural impropriatey" in that the PCN has been issued outside the allowable time of 28 days prescribed by law.

[Sergei]

Double check the date on your V5 which is at the bottom of the page under Section 8. If this date is clearly before the PCN was issued, then I would go with G&Ms option and challenge on "procedural impropriatey" in that the PCN has been issued outside the allowable time of 28 days prescribed by law.

 

Thanks, I'll try that. Section 8 indicates a time nearly 3 weeks before the event. 07 07 09 to be exact.

 

Also, I've finally got in touch over the phone with the official from the Newham Council.

 

It seems that their allowance time is TWO minutes. Are they short on money or something??? Remember that the driver did not leave the vehicle...

 

Also, there's another problem, I'm a registered owner of the vehicle, however there is one other driver... Even though the council is going to send me additional photos, apparently they didn't take a single photo of a driver or a passenger(s). So at the moment we are completely lost who must pay it, unless we can avoid paying altogether

[crem]

Thanks, I'll try that. Section 8 indicates a time nearly 3 weeks before the event. 07 07 09 to be exact.

 

Also, I've finally got in touch over the phone with the official from the Newham Council.

 

It seems that their allowance time is TWO minutes. Are they short on money or something??? Remember that the driver did not leave the vehicle...

 

Also, there's another problem, I'm a registered owner of the vehicle, however there is one other driver... Even though the council is going to send me additional photos, apparently they didn't take a single photo of a driver or a passenger(s). So at the moment we are completely lost who must pay it, unless we can avoid paying altogether

 

For council PCNs the Registered Keeper is liable, so whoever was driving on the day is irrelevant.

 

Again, their allowance time is irrelevant as you are not challenging the the detail ofthe PCN at this time.

 

Stick with the fact that they have broken the rules regarding WHEN it needed to be issued to you and it doesn't matter whether you agree on WHY it was issued or not.

[lamma]

The person appearing to be the owner is liable. They just plump for the RK as being the most likely.

[green_and_mean]

Parking has nothing to do with leaving the vehicle, a vehicle can still be parked if the driver remains inside.