broken down in loading bay, received pcn by cctv

[lekbo]

I was driving in the Grove Stratford E15 and pulled over in loading bay, for a short time as the temp guage had shot up so wanted to cool down. I didnt leave the car and drove off less than ten mins later. I later received a London borough of Newham pcn in the post taken by cctv stating i was in the loading bay for 7 mins and no loading was observed, Im wrote back explaining what happened, they said the pcn was still valid because no loading was observed and i sent no evidence to show i had broken down.

I was left with the option to appeal further to the adjudicator, however i can still pay the reduced fee of £65 within 21 days before it is doubled.

 

Now have i got grounds to appeal to the adjudicator? Are you allowed to cancell a pcn if you can show you had broken down? I clearly have no documentary evidence that my car had over heated? So how on earth can i show what had happened? i found out later the radiator was low. would the adjudicator accept my version of events without evidence, that i simply can not prove?

 

Would welcome any advice

[fkofilee]

Well think of it this way if no "Loading" was observed, dont you think they could see you fiddling with motor beneath the bonnet?

Or am i being to stupid?

[lekbo]

i did not get out of the car and simply waited for needle to go down and engine to cool. I can not prove what happened, so is it worth appealing?

[Consumer dude]

i did not get out of the car and simply waited for needle to go down and engine to cool. I can not prove what happened, so is it worth appealing?

 

I would appeal on the grounds that they prove it..

[green_and_mean]

'Breaking down' is not grounds for cancelling a PCN, 'parked for reasons beyond the drivers control' is generally an exemption. Not having sufficient coolant in the radiator is not grounds to cancel as its your responsibility to maintain the car properly. Personally I'd suggest paying the discount and in future take more care of your car.

[ray55gduk]

i did not get out of the car and simply waited for needle to go down and engine to cool. I can not prove what happened, so is it worth appealing?

I would appeal it to the adjudicator. They tend to take a common sense view of these things and an overheating engine can happen to anyone, believe me.

Even if you lose at the adjudication you won't have to pay more than the original charge, I believe, so it's probably worth a punt.

[green_and_mean]

I would appeal it to the adjudicator. They tend to take a common sense view of these things and an overheating engine can happen to anyone, believe me.

Even if you lose at the adjudication you won't have to pay more than the original charge, I believe, so it's probably worth a punt.

 

 

He is still at the discount so going to PATAS will cost him £65, if you think its such a good idea will you pay the extra £65 if he loses? Adjudicators can only decide on the law, failing to put water in your radiator is not grounds to cancel a PCN.

[lekbo]

hold on, Newham local authoritiy said i have 21 days to pay it at the reduced charge. But i can appeal to the adjudicator. If i go to them and lose, do i pay the reduced charge or the double rate? This was not made clear in the letter. Anyone knows what really happens?

 

Final point, if someone temporarily stops in a loading bay, ie to avoid a vehicle, or they had a clutch problem and could not engage correct gear, as well as a over heat situation like mine, would the adjudicator, rule in your favour?

[Michael Browne]

By the time you appeal to the adjudicator, the discounted penalty will have been forfieted and you will owe the full penalty of £130. If you lose at adjudication, you will still owe £130

[lekbo]

well after the original pcn in the post and the letter i wrote to the local authority it had already exceeded the initial period, but they still extended the discount time

[2ltr16valve]

Go to appeal. I would suspect you have a slow leak in your cooling system that when hot and in a pressurised state, leaked some coolant causing the car too overheat. Outside the drivers control. Being a sealed system there is little need to check this often, no more than once every 6 months max !

[Michael Browne]

Yes, if you appeal within the discounted period but the council reject your appeal, the vast majority of councils will extend that discount.

[Jamberson]

You can't go to adjudication at this stage. You would need to wait for the discount offer to expire, then be issued a Notice to Owner at the full rate - then appeal that and have your appeal rejected. Then you could go to adjudication, but the full rate is applicable by then.

[sailor sam]

Some silly advice here.

 

You may of stood a chance IF you had proof you had broken down (like a job sheet from a breakdown garage or something) but that would of been for the LA to have decided upon. If you choose to take it to the adjudicator, it will be looked at in black and white and almost certainly rejected. There was probably an alternative spot for you to stop at for example (even yellow lines would of probably been more exceptable).

 

I agree with G&M, I would pay the discounted rate while you can.

 

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