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PCN and Reg number not fully displayed on PCN, Parked in Industrial estate


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Hi Guys

 

I have been served with a PCN from Thurrock Council, I parked my truck in a Industrial estate nr Tilbury docks, not a busy industrial estate at all, I was tired and after a long day behind the wheel, I pulled up for the night.

 

At 0332 I had a PCN attached to my vehicle, thankfully it didnt rain too hard as the envelope was not sealed properly, also looking at the PCN, it does not show the full reg number

 

PCN TK00838539

Date of service 12/07/12

By civil Enforcement Officer (CEO) : TK068

 

Who had reason to believe that the following contravention had occured and that a penalty charge is now payable

 

46 Parked on a clearway where stopping is prohibited

 

Date of Contravention 12/07/12

Time of Contravention 03:32

Location Thurrock Park Way

 

Make :DAF

Vehicle registration number 07KKJ Colour Unspecified

Tax Disc 06...... Expiry 30/06?2013

Observed from From:03:32 To: 03:32

 

All there is at the Bottom is a Payment slip, looks like something has ben detached from the bottom, but I am not sure, if I can get my scanner working will scan it later

 

 

for ref the location is

https://maps.google.co.uk/maps?hl=en&ll=51.470243,0.342357&spn=0.001935,0.004823&hnear=Upton+WF9+1HU,+United+Kingdom&t=m&z=18

 

There was 3 trucks parked up, all UK trucks, all were PCN'd, BUT there were at least 2 maybe 4 polish or romanian trucks which didnt get a ticket, also there was a trailer (the back end of a Artic truck) which didnt get a ticket

 

I didnt realise it was a clearway, but the signs were small, not the usual big ones

 

Any help is appreciated

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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https://www.facebook.com/photo.php?fbid=10151282420399392&set=a.10151020651669392.544746.584139391&type=3&theater

 

There are some small signs, probably around 8 inch dia, these signs look like they are breeding with how they have been positioned on the estate

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Sounds like discrimination to me if only UK trucks got tickets. The should issue to them all or non at all. But of course I suppose it is a waste of time ticketing foreign trucks.

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

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also looking at the PCN, it does not show the full reg number

 

If the registration number is incorrect the contravention did not occur.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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If the registration number is incorrect the contravention did not occur.

 

Hi Dw190

 

The reg of the vehicle was VX07KKJ, the PCN only shows the 07KKJ and make of the truck, since its a commercial vehicle and not mine, I dont think I have no worries posting the reg, also I wont be in that truck next week lol

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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It only has to one digit out for it to be fatal to the PCN. However, is it possible that it was the way it was printed? In any event, I still question the fact that the UK trucks were wrongly ticketed as the foreign ones weren't. To me that is pure discrimination and you can bet your bottom dollar that the LA will have a non-discrimination policy.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Sent: 15 July 2012 13:59

To: [email protected]

Subject: TK00838539 12/7/2012

 

Re TK00838539 on 12th July 2012 at 0332

 

 

Dear Sir / Madam

 

I hold my hands up for not noticing that this Industrial site is

different from other Industrial sites around the UK, I arrived at this

industrial site with 28 minutes driving time left, as you should be

aware, that as a HGV driver, we have also legal requirements to abide

to, I did try and park in a occupied layby on the A1089 which I would

of been safe to park, and feel safe, as I am a female HGV driver.

Since the layby was full to bursting, and there was no way that I

would of legally been able to get to Thurrock services off the M25

within 28 minutes due to traffic conditions (rush hour/s traffic at

Dartford), that I was at a loss where that I could park legal and

safe.

Since I found Trailers parked at the uppermost end of this road, and

that there was at the time I arrived several HGV Trailers parked up, I

assumed that as like on many other industrial sites that It was

permissible to park, esp since there wasn't any Yellow line markings

on the road, and the road sign to my right of my truck was not seen,

as I had turned around (44ft trailer plus Unit) at the bottom where

the trailers are parked.

I passed a trailer which had something about being from Liverpool and

Potato's on the side and parked up where I was in the light and where

I felt that I would be safe from any incidents from road traffic and

also from any person who would wish to do me harm.

I had done a google search of the area prior to stopping to find a

more local area which to park, and the nearest would of been Thurrock

services, I must point out that there is a serious lack of safe

parking for truckers and esp for female truck drivers within your

area.

 

Therefore I am requesting that under section MC36 of your own

guidleines and any other relevent guideline which you are subject to

consider when deciding to proceed or to reject this case on its

merits, This can be found on page 25 at

http://www.thurrock.gov.uk/travel/highways/pdf/policy_civilenforcement_200910.pdf

MC36 Where motorist claims there was no legal place to park.

May Accept Representations

* Only in the most exceptional of circumstances

 

 

I base my case on the following facts

Since I had no other option to park since I only had legally 28

minutes driving allowed by law, that I would not of been able to drive

legally to Thurrock services, I had by the time I stopped done nearly

14hrs duty and was starting to feel tired and a possible risk to other

road users.

 

I am totally unaware of legal parking around Tilbury, since I am based

out of Gloucester, and I do not come to Tilbury very often, this is my

first time in many years.

 

I did everything within my power, i.e Used a web service to try and

find local and safe parking.

 

I am a female lorry driver, I needed a place where I could feel safe,

secure and not at risk of personal attack or worse.

 

If ever I come back to Tilbury, I am now aware that I cannot park on

that estate, and if you are able to provide me with a list of safe

areas for HGV drivers to park, I will ensure that I use that guidance

on any future visits to Thurrock council area.

 

This was a one off, and I do not and will never make a habit in

parking illegally, Usually I do and will park where I am able to have

at least a wash and proper shower, but obviously I couldn't do this on

this occasion, which I had to wait until a visit to a service station

on the M4 on the way back to Gloucestershire.

 

If you need further info, such as proof that I am truly a female truck

driver, or other relevant info, such as the parked up trailer/s, I

have photographic evidence which I will gladly supply

 

Yours Sincerely

Regards

Sophie

 

Thank you

 

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Received this reply this morning

 

[email protected] [email protected]

14:05 (20 minutes ago)

 

to me

Thank you for your email

 

 

Please ensure that you have included the following details as the council will not be able to respond to your parking challenge via email:

 

 

Your Address & Postcode

Vehicle Registration Mark

 

 

Regards,

 

 

 

Richard Maclean, Team Manager

 

 

I sent this as a reply

 

to Parking.pcn

Dear Sir

 

Re my address and the Vehicle reg mark, I dont provide my address

until official proceedings are on going

Re vehicle reg mark, Your CEO should be aware of what that was, it

wasnt covered up

 

Sincerely

 

 

Now to wait for another responce

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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My latest reply from them

 

[email protected]

15:21 (11 minutes ago)

 

to me

Thank you for your email However,

Please ensure that you have included the following details as the council will not be able to respond to your parking challenge via email:

 

* Your Name

* Your Address & Postcode

* PCN reference Number

* The Vehicle Registration Mark

 

Regards,

 

 

my response to Thurrock Council

 

 

 

to Parking.pcn

ACTION WILL PROCEED

 

Dear Sir/Madam

 

In response to your email

 

My name is Mrs S ********

My address is NOT GIVEN (Unless Legal proccedings are to proceed)

PCN Ref is as Subject line TK00838539

Vehicle Reg Mark is as per PCN 07KKJ

 

Now if you cannot proceed to respond to my parking challenge against

Thurrock Council, I am certain that Consumer Action groups, The Press

and maybe the Police.

 

The police I am sure will be interested if you proceed to go ahead and

make the ticket payable, as thus you will be aiding and abetting

illegal activities (making a HGV driver exceed legal limits on Limits

set in law)

 

I will not respond further unless you respond positively, if you

continue to send out asking for my address details and also the FULL

registration of the vehicle I was driving, I will have NO other option

apart from contacting the Consumer action groups and also the press,

If you decide to carry on and proceed to insist that payment is

received, then I will have no option than to contact the police, the

press and consumer action groups

 

Yours sincerely

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Personally I wouldn't of sent that last reply... I think it's a tad over the top. If they had got your VRM wrong, you will hear no more about it anyway. Just sit tight now and wait to see if you get an NTO.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Personally I wouldn't of sent that last reply... I think it's a tad over the top. If they had got your VRM wrong, you will hear no more about it anyway. Just sit tight now and wait to see if you get an NTO.

 

Please Note

 

Ty Sailor Sam, please excuse my ignorance, but whats a NTO? Non Ticket order ?

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Notice To Owner. If you do not pay or appeal the original PCN an NTO is issued to the registered keeper (RK). If the incorrect VRM was recorded then it would not be possible for that to happen. Even if they did manage to issue an NTO to the RK, the PCN is dead without the correct VRM because the contravention could not of occurred.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Why you say that? Is that because of they probably have mucked up due to reg mark?

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Why you say that? Is that because of they probably have mucked up due to reg mark?

 

Yes, it is a statutory requirement for a PCN to be enforceable that it must state the correct VRN. You say that the VRN is stated as 07KKJ which is only partially correct. Therefore the PCN is not enforceable and the council cannot re-issue a corrected one.

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Thanks for that, Its what I thought anyways, but I wasnt absolutely sure

 

Yes the VRN only shows 07KKJ which is the last part after the 1st 2 initial letters

 

Maybe why they insist on VRN and addy details when replying to emails and letters, since I have provided no VRN and addy details, I can chill knowing that the PCN is unenforceable

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Thanks for that, Its what I thought anyways, but I wasnt absolutely sure

 

Yes the VRN only shows 07KKJ which is the last part after the 1st 2 initial letters

 

Maybe why they insist on VRN and addy details when replying to emails and letters, since I have provided no VRN and addy details, I can chill knowing that the PCN is unenforceable

 

As I said before do not part with it.

 

Enforcers have been known to do anything to push up their numbers. If the CEO's notes have the correct reg they may chance their luck with a NtO. Keeping the PCN is essential. Dont send anymore emails.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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