Parked on a single yellow, drove away before PCN was served. NTK served a couple of weeks later ... advice? *** Successful Appeal***

[dark.knight.10]

Hi,

 

on 08/09/2021, I parked my car on a single yellow at 81 Chamberlayne Rd, London NW10 3ND. I went into the shop to grab something, as I come out, the ticket inspector started taking a photo of my car, so I got in my car and drove away.

 

on 11/10/21 I was served a notice to keeper (image attached)

 

I dont think this ticket should stand because of the following:

1. They dont know that i was the driver and cant prove or make me tell them who the driver was

2. The warden has failed to wait to see if i was loading my car

3.The warden has snooped and failed to serve me with the PCN.

 

Could you please help me to figure out if the above is enforcable by law and what I should do next

 

Thank you so much in advance

 

F

 

 

 

WhatsApp Image 2021-10-23 at 18.06.55.pdf

[dx100uk]

sadly all of your 'excuses' for want of a differing word, are well tried and seen 1000's of time each year under appeal and always fail.

[dark.knight.10]

20 minutes ago, dx100uk said:

sadly all of your 'excuses' for want of a differing word, are well tried and seen 1000's of time each year under appeal and always fail.

Thanks for the above,

But there is not much evidence. All they have is one photo of the back of the car 

 

what’s my best case scenario?

[dx100uk]

They dont need anymore than the operator witnessing and the photo.

Dont think you have much to argue about.

[dark.knight.10]

Well that means every car that offloads clothes to the charity shop should be fined?

[dx100uk]

Then get proof from the charity shop

Dx

[dark.knight.10]

What should the proof say? 

[dx100uk]

urm.... that you visited the store on xxx time/date to make a items donation...???

 

[Michael Browne]

They have served you with the wrong NtO.

 

A  normal pcn served on the vehicle is  known as a regualtion 9 pcn and they have served you with a regulation 9 NtO.

 

 Where there is a driveaway before the pcn has been served, the council should serve a regulation 10 pcn by post  which also serves as an NtO and must state: (see 8.1 here

Guidance for local authorities on enforcing parking restrictions - GOV.UK

WWW.GOV.UK

 

Quote

that the PCN is being served by post because a CEO had begun to prepare a PCN for service under regulation 9 (by affixing it to the vehicle or giving it to the person in charge of the vehicle) but the vehicle was driven away from the place in which it was stationary before the CEO had finished preparing the PCN or had served it under regulation 9

Your NtO does not state this and therefore there has been a procedural impropriety by the council and the pcn must be cancelled.

 

It's quite likely the council will reject your representations but this is slam-dunk win at adjudication

 

[dark.knight.10]

@Michael Browne

Thanks for the above. I didn’t know the difference. So do I not get a paper from the store saying I was loading or do I put forward both those things?

 

[dx100uk]

question the pcn type 1st

keep proof of loading/unloading up your sleeve for now IMHO, but do still get it for if needed.

dx

 

[Michael Browne]

What exactly were you loading?

 

Previously you said

Quote

I went into the shop to grab something,

Which sounds like shopping. If you were genuinely loading something bulky and/or heavy ( which presumably would have been seen by the CEO  before you drove away), by all means include it in your reps, otherwise don't.

[Michael Browne]

I suggest you send this:

 

I am challenging PCN (no:XXXXXX) sent via post on the grounds that there has been a procedural impropriety by the enforcement authority.

 

My vehicle was driven away before the CEO was able to serve the PCN. In these circumstances the council is obliged to cancel the Regulation 9 PCN and then issue a Regulation 10 PCN. The council have failed to do so and instead have sent me a standard Notice to Owner.

 

 

The schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 provides at paragraph 2(h) that a regulation 10 PCN must state:

 

"that the penalty charge notice is being served by post for whichever of the following reasons applies—

 

(i) that the penalty charge notice is being served by post on the basis of a record produced by an approved device;

 

(ii) that it is being so served, because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person; or

 

(iii) that it is being so served because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9 or 9A, but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9 or 9A."

 

Nothing on the Notice to Owner served by the council specifies which of the three grounds above the PCN has been served by post and therefore does not comply with the regulations

 

In light of this procedural impropriety the PCN must be cancelled.

[dark.knight.10]

Thank you both!

 

I was taking thing to/from the shop but it wasnt like a fridge or anything ....

 

I really appericicate your help! I will put the above forward to them and see ....

 

But can they trun around, Cancel this and send me another PCN under Reg 10?

 

[Michael Browne]

1 hour ago, dark.knight.10 said:

But can they trun around, Cancel this and send me another PCN under Reg 10?

No.

[spaceman61]

The authority issued a notice to owner and claim that the pcn was served on you at the time.

 

As Michael Browne has rightly pointed out, if you drove away before service was effected (i.e. handed to you or affixed to the vehicle) and the CEO had begun to issue the pcn, then they must serve the pcn under regulation 10. This also doubles up as the notice to owner.

 

If this reaches the adjudicator, it will be your word against the CEO and it will be their contempraneous notes that will interest the adjudicator.

 

Photos are not required under the regulations and are of evidentiary value only. The fact they only have one, of the back of your car, strongly supports your version of events. Nor does taking photos form a part of the 'beginning to issue a pcn' process (source: London Councils).

 

I would make it clear to the authority that you intend to contest this to the tribunal if necessary. It costs them money when this happens, so they may well not contest.

Edited October 27, 2021 by spaceman61
typo

[dark.knight.10]

@Michael Browne

 

Thank you so much for your help… they have accepted the appeal (attached)

 

I don’t know how donations work on this site … how do I go about doing that?

Photo.pdf

[dx100uk]

Hey you won well done

 

hit donate...rhank you!!

 

Dx