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Challenge? PCN 12r resident bay without permit, but photo shows disable parking sign?


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Hello! :oops:

 

I've got a Notice To Owner and I came across this website which is awesome and I'm hoping you knowledgeable guys can give me some advice :-)

 

I've done a bit of research before this post but its all a bit confusing and so I need some help.

 

Here are the details of the contravention:

Date of contravention: 10/06/2012

Time of contravention: 14:46

Location: Little Newport Street [G1] - (Westminster, London)

Contravention code: 12r Contravention description: Parked in a residents` or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge - residents` bay

 

 

So the situation:

I needed to pick up something from a friend and I couldn't find any free P&D bays and so I thought I would take the risk and park in a resident bay (looking back it was really stupid).

 

I got my girlfirend to sit in the driver's seat as a decoy and I hurried to find my friend. 10 secs later the CEO comes and tells my girlfriend to move on. She calls me but only got through after a few attempts. 3mins later I am back.

 

As I'm ready to drive off the CEO said 'You can either have the PCN or go' so I said 'Thanks! bye!'

 

One month later no PCN received...YAY!.... but through the post comes a Notice To Owner on 14/07/12. >.

 

 

Now I know I was 'in the wrong' but who likes fines? so what do you guys think?

I have attached some photos for your reference.

 

 

  1. Do I not have to recieve a PCN through the post before I get the Notice To Owner?
  2. The CEO took a picture of a disable parking bay sign rather than the resident bay sign
  3. Therefore the photos taken by the CEO don't show any evidence that I was in a resident bay (although, if you knew the street well, from looking at shop fronts and lines, you could work out its a resident bay.)
  4. The CEO says 'you can either have the PCN or go'

Point 2 seems my strongest arguement, do I have a case to challenge? And from the 'how to challenge' document that I attached, would I use the points:

 

'the traffic order which is alleged to have been contravened is invalid'

'there has been procedural impropriety on the part of the enforcement authority'

and 'a CEO was not prevented from serving the original PCN''

 

Also, just out of interest, can a CEO take pictures and then put in details into his machine after you have driven off?

 

Thank you very much for your advice!

 

Ken

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Sorry, I don't think you can read the document but I'm sure you guys are familar with the 'how to challenge points'

 

 

This is called a ghoster , silly CEO.

 

The way round this is to send something similar to this adding whatever else you need to go with it

 

 

 

 

Dear Sir / Madam,

 

 

 

I write to inform you that until I received this Notice to Owner I wasunaware that a Penalty Charge Notice had been issued to the vehicle for which Iam the Registered Keeper.

 

A Penalty Charge Notice was never handed to me ,attached to the vehicle or sent through the post and is therefore a procedural impropriety.

 

then your bit regarding the contravntion and signage

and the CEO was not prevented

 

Should you decide to pursue the Penalty Charge then I wish to put you onnotice that I will require the following:

 

Any photographicevidence that the PCN was attached to the vehicle

 

Confirmation that the Parking Attendant recorded the tax disc detailsfrom the vehicle

 

 

Copies of the entry in the Parking Attendant's Notebook detailing the issue of the PCN

 

 

 

The traffic order for the area concerned.

 

and documentation that confirms the estriction you alleged I contravened has been legally enabled by regulations 6 to18 of the 1996 Traffic order procedures andevidence that a Notice of Proposal waspublished, that the statutory bodies such as the three emergency services wereconsulted, that those affected by living and working in the vicinity werenotified, that the draft order was made available for public inspection andthat a Notice of Making was also published.

 

 

I also wish to put you on notice that I require the attendance of theCEO in question

 

at the adjudication hearing inaccordance with Section 6 of the Road Traffic (Parking Adjudicator)

Edited by nero12
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  • 3 weeks later...

Thank you for your help nero12!!!

 

I just remembered about the PCN and asked if there was a letter from the council and yes we got one and its been cancelled! :)

 

The letter said the PCN was cancelled due to a procedural error that had occurred at the time the PCN was issued.

 

Thanks again and I hope this gives confidence to others!

 

This is called a ghoster , silly CEO.

 

The way round this is to send something similar to this adding whatever else you need to go with it

 

 

 

 

Dear Sir / Madam,

 

 

 

I write to inform you that until I received this Notice to Owner I wasunaware that a Penalty Charge Notice had been issued to the vehicle for which Iam the Registered Keeper.

 

A Penalty Charge Notice was never handed to me ,attached to the vehicle or sent through the post and is therefore a procedural impropriety.

 

then your bit regarding the contravntion and signage

and the CEO was not prevented

 

Should you decide to pursue the Penalty Charge then I wish to put you onnotice that I will require the following:

 

Any photographicevidence that the PCN was attached to the vehicle

 

Confirmation that the Parking Attendant recorded the tax disc detailsfrom the vehicle

 

 

Copies of the entry in the Parking Attendant's Notebook detailing the issue of the PCN

 

 

 

The traffic order for the area concerned.

 

and documentation that confirms the estriction you alleged I contravened has been legally enabled by regulations 6 to18 of the 1996 Traffic order procedures andevidence that a Notice of Proposal waspublished, that the statutory bodies such as the three emergency services wereconsulted, that those affected by living and working in the vicinity werenotified, that the draft order was made available for public inspection andthat a Notice of Making was also published.

 

 

I also wish to put you on notice that I require the attendance of theCEO in question

 

at the adjudication hearing inaccordance with Section 6 of the Road Traffic (Parking Adjudicator)

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