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Notice to Owner, No PCN


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Hi all

 

Im new and this is my first post, so any advice will be greatly appreciated. Sorry if it's long winded.

 

I dropped my son off at football practice on a sunday in a local park. On that specific road there are no restrictions on a sunday apart from when there is an Arsenal match on (there was'nt). Also the road is quite narrow and there was some building work taking place that extended into the road making it single file traffic for a large bit of the road, hence you could'nt park on the available single yellows or bays.

 

As my son was getting out of the car I noticed a car pull up behind me, almost in the centre of the road (see attached picture) and a traffic warden get out. I tried to reverse but couldnt because I was being blocked. He then took a picture of my car as I was reversing and shouted 'you have a ticket'. I didnt pay him no mind as I thought it was an absolute joke how they went about it. I was there all of 30 seconds!!

 

That was in june. Two days ago I recieved a notice to owner, wanting £130.

 

My car is a lease car, so the notice to owner would have been sent to them. However would just like some advice on how I go about appealing seeing as I did not recieve a pcn.

 

I have attached a photo that they sent me. I was sitting in the car at the time and you can see their vehicle behind me blocking me in.

parking3 copy.jpg

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it's balance of probabilities. Two differing views of same event and whose likely to be truer. CEO claim to had "served" while Driver claim of no PCN. I'll get permission to publish the case number but this is from few months back that I helped to contest.

The Appellant's nominated ground of Appeal calls into question the validity of the procedural steps undertaken by the Enforcement Authority; this does not reflect the Appellant's contention which is, rather, that the Penalty Charge Notice is not valid and enforceable since it was not issued as prescribed by the governing legislation.

 

There is no dispute as to the whereabouts of vehicle KFXXYYY, at the time, on the material date; namely at a location subject to a restriction denoted by a single yellow kerb delineation. The Enforcement Authority assert that the said vehicle was so parked during the operative period of the restriction; the Appellant denies liability for the ensuing Penalty Charge Notice on the basis of the prevailing circumstances as detailed in the written representation supported by two witness letters.

 

The evidence upon which the Enforcement Authority rely comprises the certified copy Penalty Charge Notice, computer-generated and contemporaneous manuscript notes made by the Civil Enforcement Officer together with photographic evidence: one still frames revealing the said vehicle in situ, and the applicable kerb line notifying motorists of the restriction.

 

The handwritten note suggests a conversation with the returning driver who removed the Penalty Charge Notice from the said vehicle, however this evidence is contradicted by two witnesses.

 

On balance I accept that the Penalty Charge Notice was neither affixed to the said vehicle nor handed to the person appearing to be in charge of the said vehicle. Accordingly I find that the Penalty Charge Notice was not issued as prescribed by the governing legislation and is therefore invalid and unenforceable; this Appeal is allowed.

 

@OP: did CEO printed and attach/handed PCN? or you managed to drive away?

 

Can someone clarify when serving regulation 10 PCN, is it the original copy of PCN or NTO that you receive?

Edited by starfarer
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It can be printed off because the driver can leave at any point before service even after printing.

 

yes but my question was what will one receive if served by post? PCN or NTO? Is normal NTO a Reg 10 PCN if CEO was unable to serve by reg 9 method? Do council need to have special order or authorisation etc to enforce reg 10 PCN?

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  • 2 weeks later...

Hi guys

 

Thanks for all your help. I appealed, stating that I dropped my son off and was still siting in the car when the photo was taken etc, just recieved a letter in the post this morning saying ' Having looked into the matter further, I am not satisfied with the evidence available at this time and therefore the charge will be cancelled'

 

I feel so relieved :-)

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