Mobile camera car issued PCN (code 26) for 'parking 50cm away' after less than 2 minute observation

[kkpc0703]

Hello everyone.

I received a PCN code 26 'on the basis of a record produced by an approved device' through the post.

I stopped to pick up my elderly father from my brother's house (he could be seen boarding the car in the photo taken). My car was not stationary for more than couple of minutes partly because of a slip in the engine gear box. I never left the driving seat. There was no car behind me getting obstructed (in fact if there was a car behind me the driver would be much more considerate than this CCTV operator). There was no place available on right or left to park in a bay while picking up my father. There were no loading or unloading restrictions. Alleged contravention time is 17:38. Residential parking permit restrictions applied only till 17:30.

I note that the CCTV camera car on that street is normally used to issue tickets for 'no right turn'. But it was strange they would use it for code 26 without giving me any warning, without finding out the reason for stoppage and in less than 2 minutes. Please note contravention time is mentioned but no observation time is mentioned on the PCN (Pdf copy attached).[ATTACH=CONFIG]45451[/ATTACH]

Do I have a chance for appeal? Anything wrong with the notice itself?

I need your help.

[green_and_mean]

The PCN is defective as the back under the grounds for appeal is miss printed after the bit that says the contravention did not occur it says about you not being the owner that should be a separate bullet point and not why the contravention did not occur, I've had Dagenham PCNs cancelled on that point.

[kkpc0703]

Thank you for your response. Do you mean 'not being the owner of the vehicle' is not necessarily a sub-point of 'alleged contravention did not occur'? They are two separate issues. Good point.....

On first page where it says 'The vehicle identified above was observed at Hrs on 16/07/2013' the PCN does not mention the time of observation. Is this also a ground for appeal?

[green_and_mean]

4) The grounds referred to in paragraph (2)(b)(i) are—

(a)that the alleged contravention did not occur;

 

(b)that the recipient—

 

(i)never was the owner of the vehicle in question;

 

(ii)had ceased to be its owner before the date on which the alleged contravention occurred; or

 

(iii)became its owner after that date;

 

©that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

 

(d)that the recipient is a vehicle-hire firm and—

 

(i)the vehicle in question was at the material time hired from that firm under a hiring agreement; and

 

(ii)the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement;

 

(e)that the penalty charge exceeded the amount applicable in the circumstances of the case;

 

(f)that there has been a procedural impropriety on the part of the enforcement authority;

 

(g)that the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part VI of Schedule 9 to the 1984 Act(1) applies, is invalid;

 

(h)in a case where a penalty charge notice was served by post on the basis that a civil enforcement officer was prevented by some person from fixing it to the vehicle concerned or handing it to the owner or person in charge of the vehicle, that no civil enforcement officer was so prevented;

 

(i)that the notice to owner should not have been served because—

 

(i)the penalty charge had already been paid in full;

 

(ii)the penalty charge had been paid, reduced by the amount of any discount set in accordance with Schedule 9 to the 2004 Act, within the period specified in paragraph 1(h) of the Schedule to the General Regulations.

[kkpc0703]

Thanks.

I also applied to see the video, spoke to three different council staff. They all logged the request but no video link is emailed yet. I am nearly going out of 14 day period in which discount is applicable. Can this (not receiving the video evidence) also be part of my representation and appeal?

[unimatrix1066]

I received a ticket by cctv for a pay and display bay in merton, after looking up the guidlines on issuing pcn its recommended that if there is no reason that a parking warden cannot be used for a pcn due to its location cctv should not be used.

This in your case me be a point of appeal.

The council will more likely reject this and you will have to go to the parking appeals service.

However they must produce evidience to you in pictures , if they do not you need to immediatly appeal the ticket to the council in the discounted period on atleast this basis

[green_and_mean]

Thanks.

I also applied to see the video, spoke to three different council staff. They all logged the request but no video link is emailed yet. I am nearly going out of 14 day period in which discount is applicable. Can this (not receiving the video evidence) also be part of my representation and appeal?

 

Took ages when I asked them to! Don't worry about the discount or viewing the video (you were there you know what happened?). Appeal now using the defective PCN defence and 'boarding and alighting' exemption if they reject you will see the video before the next stage of the appeal.

[lamma]

See the TMA S.85 7 (b) http://www.legislation.gov.uk/ukpga/2004/18/section/85 (7) References in this section to parking include waiting, but DO NOT INCLUDE stopping where— (a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or (b) the vehicle is stopped, for no longer than is necessary, for the purpose of ALLOWING PEOPLE TO BOARD or alight from it. This may the reason the Council is so 'ham fisted' making the video available. It will show the boarding. Claim the exemption and expect the council to argue the toss until the last minute.

[green_and_mean]

See the TMA S.85 7 (b) http://www.legislation.gov.uk/ukpga/2004/18/section/85 (7) References in this section to parking include waiting, but DO NOT INCLUDE stopping where— (a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or (b) the vehicle is stopped, for no longer than is necessary, for the purpose of ALLOWING PEOPLE TO BOARD or alight from it. This may the reason the Council is so 'ham fisted' making the video available. It will show the boarding. Claim the exemption and expect the council to argue the toss until the last minute.

 

I'm surprised no one mentioned boarding or alighting before!!

[lamma]

My first look at this thread. Why didn't you mention it.

[green_and_mean]

Took ages when I asked them to! Don't worry about the discount or viewing the video (you were there you know what happened?). Appeal now using the defective PCN defence and 'boarding and alighting' exemption if they reject you will see the video before the next stage of the appeal.

 

I did!

[lamma]

My apologies. It appears that I caught up too quickly !

[kkpc0703]

Took ages when I asked them to! Don't worry about the discount or viewing the video (you were there you know what happened?). Appeal now using the defective PCN defence and 'boarding and alighting' exemption if they reject you will see the video before the next stage of the appeal.

Yes I was there. But I wanted to see the video as I knew I only stopped for less than 2 minutes to pick up my dad. I was furious as to why someone sitting in a car would do that seeing what they saw. But now I suppose there is more than just observation time to support my appeal......I guess. Thanks guys.

[kkpc0703]

Took ages when I asked them to! Don't worry about the discount or viewing the video (you were there you know what happened?). Appeal now using the defective PCN defence and 'boarding and alighting' exemption if they reject you will see the video before the next stage of the appeal.

 

They have rejected my representation and given me option to appeal to an adjudicator. They did not email me video evidence. Do I stand any chances in the appeal? I need help please.

[green_and_mean]

The video is online they do not send it to you.

[kkpc0703]

Video is not available online. You have to make request so it becomes available. I did in 14 days but they did not upload anything online.

[green_and_mean]

I would take it to PATAS the defective PCN is grounds enough for cancellation.

[lamma]

I would add the missing video as a point.