Contravention: 01 Parked in a restricted street

[ifti12]

Hi guys,

 

I parked my car on single yellow line in an emergency for going to medical store because my wife is pregnant.

 

I went inside the shop and ask for the medicine but they said you need to consult with your midwife and I just came outside the shop.

 

This all took not more than 90 seconds and when I came outside the officer said you are late.

 

A PCN has been issued to you, at that time he was still writing PCN,

he said why you parked here and why you left your daughter unattended in the car,

 

please take this PCN and you have to pay £65,

 

when I refused to take PCN then he said ok its up-to you we have taken the pictures and we can send you by post if you like,

because I was definitely sure that the pictures can't be taken in less than 2 minutes so I asked him to send by post.

 

Today I received NTO with penalty charge of £130 without any pictures after 1 month and 3 days.

 

My questions:

1) The observation period for "01 contravention" is 5 minutes, can they issue if contravention was less than 5 minutes. how can they prove this?

2) The officer said, take this PCN and pay £65 then how that amount become £130 by post. how does it possible? On Newham website it clearly state that

 

newham.gov.uk/ParkingAndTransport/PenaltyChargeNotices%28PCNs%29/PCNLevelsJuly12007.htm

 

"A penalty charge notice level of £130 applies to all 'serious' contraventions. You can reduce the charge to £65 by paying within 14 days (if issued by a civil enforcement officer) or 21 days (if issued by a camera operator)."

3) He said he has taken the pictures, I am receiving this NTO after 1 month and 3 days without any pictures, why he lied with me?

4) there is no discount period and they are asking me to pay full £130 in 28 days.

 

Should I pay this amount or do you think I should try to go for representations for atlest reduce charge.

 

Thanks

ifti

[Jamberson]

Normally you would expect an observation time longer than 90 seconds. However CEOs can't generally falsify this. They press a button on their hand-held gardgets which logs the time - they can't change it.

 

What observation time are they claiming to have?

 

Did he hand you a PCN at the time, or attach one to the vehicle?

[ifti12]

Thanks Jamberson for your reply. Please see attached NOT. Answers to your questions

1) the time was 12:10pm but it doesn't showing any duration.

2) he asked me to take the PCN by hand or if you won't take then we will send you by post, I asked him to send by post because I was sure he hasn't taken any pictures yet and he is trying so I can accept and take the PCN.

 

Questions:

 

1. Can I ask council for picture proof or is it not required?
   
2. Do you know why there is no reduce charge period as it clearly mentioned on council website? I never received any such notice where there is no relaxation of reduce charge.
   

Your help will be appreciated.

[ATTACH=CONFIG]41632[/ATTACH]

[ifti12]

[ATTACH=CONFIG]41633[/ATTACH][ATTACH=CONFIG]41633[/ATTACH]

Adding PCN image again. Sorry not sure how to make it clearly visible.

Edited February 14, 2013 by ifti12

[ifti12]

Adding again.

[Jamberson]

Don't bother asking for proof. It's a waste of time.

 

The reason there is no discount is because this is a Notice to Owner. According to your description of what happened, the CEO did not attach a PCN to the vehicle, nor did he hand one to you. So you should heva been served with a PCN by post, rather than an NTO.

 

There are two issues to appeal on, then.

 

1. No PCN was served to you. Give your version of events and point out that you ought not to have been issued an NTO and that this constitutes impropriety,

 

2. Say that if the CEO has falsified a statement to the effect that he did serve the NTO, and they then refuse to believe what you have said, nevertheless the PCN is invalid because you are entitled to a loading exemption on yellow lines, and time to allow passengers to board the vehicle - and no observation time was given.

 

I am assuming of course that there never was a PCN attached to the vehicle. And I am assuming that these were just straight-forward yellow lines. I think you have a very good chance.

[ifti12]

thanks again for your help Jamberson. oh Ok, I think I understand now what's the difference between PCN and NTO. There was no PCN attached to the vehicle. They have given me option 1) as you mentioned but used option 2) and sent me NTO. Regarding yellow lines, I'll try to take some pics and will post here.

[Jamberson]

The key thing about the yellow lines is that there are not chevrons on the kerb, and you did not have your wheels hanging over the end into a parking bay, or something. Just straight-forward yellow lines is simple!

 

You're right. The PCN is what gets stuck to the vehicle, and there is also a postal version for people who drive off before it is served. Since you did not have one handed to you nor attached to the vehicle, nor posted to you, you've just simply not had a PCN - so they can't now send you an NTO! It's a strong line of appeal - unless the CEO has said in his notes that he did hand it to you - hence you should appeal on both grounds as I mentioned.