PCM Operator Ticket/Photos - Castor Lane London E14 0BY - while in my car

[shadow8131]

I was waiting for my other half in my car for about ten minutes, they took pictures of my car(by phone or camera) and said I need to pay £60 as they manage the road I was on, with my engine running  sitting waiting for my partner to come out of work and then I get this letter...

Any help appreciated

 

Thanks

[honeybee13]

Hi.

Could you show us the letter please? Pdf is best and you need to cover up your name, address and any reference numbers to keep this anonymous for you.

HB

[shadow8131]

Hope this is ok

Thanks

parking.pdf

[honeybee13]

Well I think you've done the edits you needed to but the left hand side is too blurred for me to read and part of it is missing.

HB

[dx100uk]

please complete this:

 

[shadow8131]

I'm bad at this

How this is ok

park 2.pdf

[honeybee13]

It's more readable, yes.

As dx says, if you could post up the answers from that link it would also help.

HB
 

 

[dx100uk]

we need BOTHSIDES of the letter and the FULL PAGES please not part

we must be able to read ALL the words CLEARLY 

[shadow8131]

Just to say I have no physical ticket

It's camera(mobile) or normal camera

I'll answer those questions now

I looked through that list and nothing applies to me 

I have a letter

Not ticket

Just their pics of me on the road with my lights on waiting for 7 minutes

[dx100uk]

copy and paste the windscreen Q&A here and answer what you know.

post up the letter you have BOTHSIDES to ONE PDF please

thread title updated.

dx

 

[shadow8131]

1st page only

 

2024-01-16 PCN for incident 2023-01-12.pdf

[dx100uk]

need side two and the Q&A doing please..

this is getting like pulling teeth...

[shadow8131]

It's because I don't know what to do

All new about internet I'm great as that's my job but I'm trying 

 

People are getting vexed with me because I can't get pdf of both photos, I'm on my mobile and it's hard... So I thank you all for your advice/help...

I'm just not going to pay because trying to get the info I need is as stressful as not paying...

When  I said the answers to the template I was told to fill out when none of it was  relevant to me...

Thank you 

For your assistance

[dx100uk]

well everyone else that comes here manages it.

just ignore everything inc powerless DCA's they are NOT BAILIFFS on ANY debt.

if you ever get a letter of claim

comeback here as you must reply in the correct manner NOT using their forms.

 

dx

 

[lookinforinfo]

I take it that you were parked in castor lane e14?

Your defence could be that you weren't parked in Castor Lane, Paignton, TQ4 since the PCN has failed to specify the address you were stopped on.

There are at least four Coston Lanes in the UK so just to put Coston Lane without a post code fails to specify the requirements of the Protection of Freedoms Act 2012 which governs private parking.

I cannot see/read the times on the photographs. The PCN has to specify the parking period which is particularly difficult for them to do as you were waiting in the car and engine running not actually parked. So two matters here

1] the Judge in Jopson v Homeguard gave this definition of parking

20 Neither party was able to direct the court to any authority on the meaning of the word “park”. However, the Shorter Oxford Dictionary has the following: “To leave a vehicle in a carpark or other reserved space” and “To leave in a suitable place until required.”

The concept of parking, as opposed to stopping, is that of leaving a car for some duration of time beyond that needed for getting in or out of it, loading or unloading it, and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture.

Merely to stop a vehicle cannot be to park it; otherwise traffic jams would consist of lines of parked cars. Delivery vans, whether for post, newspapers, groceries, or anything else, would not be accommodated on an interpretation which included vehicles stopping for a few moment for these purposes. [

[2] what are the times on the photographs? I would presume a few minutes but I will come back to that when you quote the times on the photos as there are non on the PCN wording which in itself may mean the PVN is not compliant.

The PCN does not comply with Schedule 4 Section 9 [2][e] as it does not ask the keeper to pass the PCN to the driver. And fails to comply again on Schedule 4 s9 [2]f ] as it misses out these words in parentheses -" (if all the applicable conditions under this Schedule are met)"

In addition the PCN carries on to say that charges for recovery action will be added "IN ACCORDANCE WITH SCHEDULE FOUR". This is a barefaced lie. There is no mention of recovery action in the Act . Inded all that can be charged is the amount features on the signage, nothing else.

[dx100uk]

14 minutes ago, lookinforinfo said:

4 Coston Lanes in the UK

its Castor Lane London E14 0BY though yes the PCN states no Postcode.

i also notice its castor Ln on all maps not Lane.

but theres only one... look on google earth right down the end is the exact spot but thats from 2022.

there is one timing on the PCN in its text of 21:54

 

[lookinforinfo]

I looked and found another castor lane near Torquay and possibly a second in the West country as well as maybe a further on in London N7. But as they didn't specify E14 that would be a fail.

[shadow8131]

Thank you all for your help

Greatly appreciated 

@lookinforinfo

Total of 3 minutes observation 

[lookinforinfo]

Thanks for the timings Shadow.

The PCN does not comply with the Protection of Freedoms Act 2012 for several reasons.

1]Under Schedule 4 section 9 [2][a] of the Act  the PCN must ]

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

They have failed to specify the land since there are at least two other castor roads in the UK at least and they have not mentioned the period of parking on the PCN. [I am  assuming that they did manage to get the make, model and colour of your car correct?  can be a dangerous assumption ].

2] under Schedule 4 S9 [2] [e] they have failed to state that the PCN should be handed to the driver

3] under Schedul4 s9[2][f]  they failed to include the wording in brackets  (if all the applicable conditions under this Schedule are met) .

4] They state "This is inclusive of recovery action and is in accordance with Schedule 4 of the Act." This is totally untrue and absolutely wrong. There is no mention of recovery action in the Act . Indeed the Act states that the amount to be paid is the amount on the signage -therefore no more than £100.

5] the times on the photos indicate the car was stationary for three minutes which is well within the Consideration period. The car was not parked anyway as the driver was waiting for their passenger with the engine running and the driver remained in the car. [See definition of  parking by Judge in Jopson  v Homeguard case]

There may be another failure as to the reason for the PCN -"parked within a restricted area". It is not a common regulation with the parking rogues but we  know how valid it is until we see the signs and  possibly the contract.

All in all it's a pretty useless PCN and means that the keeper is not responsible to pay the charge though the driver is still liable.

That seems a bit harsh when so many things are wrong with the PCN.

However that chances of them being able to prove who was driving will be difficult unless you appeal and inadvertently reveal who was driving. 

Many people are legally able to drive your car and Courts do not accept that the keeper and the driver are the same person.

 

 

[shadow8131]

Thank you very much...

You're a great help I appreciate it..

[lookinforinfo]

Well that's what you get when you have the guts not to pay than have the gumption to come here to fight.