Contravention: 01 parked in a restricted st during prescribed hours

[boblit]

Hi all,

 

industrial area with no restrictions in parking bays (no residents or pay and display) although, there are single yellows. i had to park on a single yellow while i queried inside when i could drive into the premises i was there for. 50 yds from the entrance. i saw Parking Warden donig his thing so ran over to stop him. He said that it was too late and it was already "in the system". Cynically i doubted him and said i was going and started the car. He then tells me that to do so is a further offence and won't alter issuance of the ticket. So i wait for the ticket (it took at least 3 minutes and on the ticket it states i was observed for 3 minutes) and he advises me to appeal and state:

-that i was there on a private (non business) matter

-that it was fleeting

 

he also offered the info that he hadn't taken a photo.

 

My question is, does it seem likely to succeed if I appeal on the basis that:

i was on a personal errand and i also dispute that no evidence has been provided of the offence (assuming no photo exists)

 

thx in advance

[lamma]

He said that it was too late and it was already "in the system" he lied, it has to be issued - given to the driver or stuck on the car when its a real PCN. But was this a council ticket or a PPC 'load-of-rubbish-PCN' ?

[green_and_mean]

He said that it was too late and it was already "in the system" he lied, it has to be issued - given to the driver or stuck on the car when its a real PCN.

 

No it doesn't as long as the PCN has been started it can be sent in the post.

[lamma]

But that wouldn't be the PCN he had started. he starts a reg 9 and has to send a reg 10 by post. the reg 9 PCN ( 'it' ) cannot be sent by post. you can drive away. the CEO also lied about "He then tells me that to do so is a further offence and won't alter issuance of the ticket." it is not an offence to drive away. you know this G&M.

[green_and_mean]

But that wouldn't be the PCN he had started. he starts a reg 9 and has to send a reg 10 by post. the reg 9 PCN ( 'it' ) cannot be sent by post. you can drive away. the CEO also lied about "He then tells me that to do so is a further offence and won't alter issuance of the ticket." it is not an offence to drive away. you know this G&M.

 

I never said it was an offence. The CEO does not however type up a reg 10 at the roadside and pop it in the post when he gets to a post box. The reg 9 is issued and then cancelled and a new reg 10 sent so if he has started it is too late. Whilst he may be incorrect on the offence point he was correct in that it would be pointless to drive off other than to cost the LA the price of a stamp.

[lamma]

The CEO did say it was an offence - he lied. he also lied about it being too late, it wasn't. you can drive off any time before the PCN is issued. you know it, I know it and the CEO should know it - if he didn't then he shouldnl' have been out on the street. There is no reason why the cEO should bot have just shrugged his shoulders and carried on to the reg 10 PCN Maybe the CEO was too incented by the fact that the reg 9 would have to be cancelled and that the number of cancelled PCNs are are a KPI.The number of cases we see were the car is driven off no Reg 10 is issued and the next thing is an NTO arrives indicates a widespread systemic problem on the part of LAs/CEOs. And it can not be bcause all those CEOs want to save the council a stamp especially at the cost of jeopardising the case. Or maybe this CEO works for a council that doesn't issues reg 10s at all, I seem to recall there are one or two. how far he has gotten in entering it into his machine is irrelevant, its service that counts. you know it and I know it.

[green_and_mean]

The CEO did say it was an offence - he lied. he also lied about it being too late, it wasn't. you can drive off any time before the PCN is issued. you know it, I know it and the CEO should know it - if he didn't then he shouldnl' have been out on the street.

 

The CEO actually said it was too late to alter the issuing of the ticket which was true if he had started as seems to be the case. You obviously don't have a clue what you are talking about a cancelled reg 9 that was then posted would not affect any KPI figures it is the same PCN.

[TheBogsDollocks]

It's true that many Councils do not issue reg 10 PCN's or do so seldomly. It is mainly the district councils.

 

The reason is that the backoffice staff can barely get their heads around the wording and processing of a reg 9 PCN and reg 10's are seen as a bit of a legal minefield and not worth the effort.

[boblit]

Thanks for taking the time to consider this everyone. I am going to ask the Council to consider cancelling the PCN on the basis that i was on a personal errand and would also ask them to provide evidence of the alleged contravention. The PCN only names the street and says "OPP MUSIC SCHOOL", this doesn't seem to me like a very specific or clear description.

 

Thanks again,

will update when i get a response

 

(Also on the PCN it states that you can appeal online, yet when you go to the address it tells you that the service is not currently available. Could this possibly render the PCN void as it contains incorrect information which would mean appealing on the final day allowed (14th day) would be impossible as it would then be too late to post etc)

[lamma]

The CEO actually said it was too late to alter the issuing of the ticket which was true if he had started as seems to be the case. You obviously don't have a clue what you are talking about a cancelled reg 9 that was then posted would not affect any KPI figures it is the same PCN.

 

No he cannot post a reg 9 PCN ! You know it and I know it, the Regs are very clear. All the CEO has to do is hand in the cancelled PCN and fill out a Witness Statement and a reg 10 can be sent. The OP is very clear that the ticket was not issued when the CEO started his tirade of lies. Now lets get back on track and see the PCN and start finding ways to beat it if there are any, after all thats why we post on here.

[boblit]

Will get it copied tomorrow and post.

thx