Author Topic: CEO Revenge - PCN Misconduct  (Read 1181 times)

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Re: CEO Revenge - PCN Misconduct
« Reply #15 on: »
The pictures show a PCN served on the vehicle at 2.30pm on the first day. This is at odds with your account. It's theoretically possible he served it, photographed it, removed it and then came back the next day to reattach it together with a new PCN but it sounds far fetched.

Are you 100% sure it was not there when you returned to your vehicle on 2 March?

Re: CEO Revenge - PCN Misconduct
« Reply #16 on: »
im pretty sure as I was next to the car arguing with him and he walked off.
Also my neighbour had footage at the same time and couldnt see him there at that time

How do we know his photos are trustworthy?

Re: CEO Revenge - PCN Misconduct
« Reply #17 on: »
:?
BEFORE i send this could I get some feedback on best appeal line any improvements to thisAppeal:

Dear Sir or Madam,

I write to make formal representations against the two PCNs issued to my vehicle for Code 12 (parked in a residents’ bay without clearly displaying a valid permit).

I respectfully request that both PCNs be cancelled on the grounds of procedural impropriety, improper service, duplicate enforcement, and failure to act fairly and proportionately.

**1. Failure to Properly Serve the First PCN**

At the time the first PCN is stated to have been issued, I was present at the vehicle and observed CEO 870 inspecting it. When I approached him to ask about the situation, he refused to engage in any meaningful conversation and walked away. No PCN was affixed to the vehicle and none was handed to me.

Under Regulation 9 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007, a PCN must either be fixed to the vehicle or handed to the person appearing to be in charge. Neither occurred.

If the authority asserts that the PCN was issued at that time, I require strict proof of lawful service, including CEO notes, photographs, and any body-worn camera footage.

If the PCN was not properly served, it is invalid and unenforceable.

**2. Incorrect Recorded Time of Issue**

The first PCN is recorded as having been issued at the time of my interaction with CEO 870. However, no PCN was placed on the vehicle at that time, and the officer left the location.

If records indicate that the PCN was served at that moment, this would be factually incorrect and constitutes a serious procedural defect.

**3. Two PCNs for a Continuous Contravention**

There was no ticket visible on the vehicle on the first day. The following day, two PCNs appeared.

The vehicle had not been moved. This represents a single continuous contravention. Issuing multiple PCNs for the same continuous state of affairs is excessive and contrary to established enforcement principles.

I request confirmation of the observation times for both PCNs and justification for issuing multiple penalties.

**4. Failure to Act Fairly and Proportionately**

Had I been clearly informed that a contravention was being enforced, I could have immediately moved the vehicle to my private driveway.

Instead, the officer disengaged and left without clearly advising me that a PCN was being issued. While I understand officers are not obliged to provide warnings, enforcement authorities remain under a duty to act fairly and proportionately.

This was not deliberate non-compliance. My resident permit had expired inadvertently and has since been renewed.

**5. Access Issues with Parking Account**

I have also been unable to access my online parking account. I attempted to reset my password; however, even after doing so, the system does not allow me to log in. This has caused additional difficulty in managing my permit and reviewing the PCNs.

I request that this access issue be investigated and resolved as a matter of urgency.

**6. Formal Complaint**

I have submitted a formal complaint regarding the conduct of CEO 870. I was advised by CEO 391 to include these matters within my written representations.

Given the defective service, evidential concerns, duplicate enforcement, and the technical issues accessing my account, I respectfully request that both PCNs be cancelled.

Should the authority be minded to reject these representations, please treat this letter as a formal request for:

* Full CEO notes
* All photographic evidence
* Body-worn camera footage
* Evidence of lawful service of both PCNs

I look forward to your confirmation that these PCNs have been cancelled.



Appreciate any help- thankyou!

Re: CEO Revenge - PCN Misconduct
« Reply #18 on: »
See what other more experienced members say, but I think there may be some value in appealing the 2 PCNs individually to avoid a situation where an adjudicator looks at both and decides you should pay one. My slightly amateur assessment is that the second should be a slam dunk at adjudication, so getting the Council to fold on the first one should be your initial focus.

Re: CEO Revenge - PCN Misconduct
« Reply #19 on: »
Thats a good idea.. thankyou

Re: CEO Revenge - PCN Misconduct
« Reply #20 on: »
See what other more experienced members say, but I think there may be some value in appealing the 2 PCNs individually to avoid a situation where an adjudicator looks at both and decides you should pay one. My slightly amateur assessment is that the second should be a slam dunk at adjudication, so getting the Council to fold on the first one should be your initial focus.

SO basically I use all arguments stated above on the first PCN

Then on the second PCN -
 say a pcn of the same type cannot be given when already existing

Re: CEO Revenge - PCN Misconduct
« Reply #21 on: »
I would find it useful to get all objective facts in one place so these can be reviewed.

No. PCNs at issue: 2
Dates of issue: 2nd March at 14.29 and 3rd March at 9.44am
Alleged contravention: in both cases 'failure to display etc. a VALID resident's permit...'
Are you a permit holder: yes.
Previous permit expired: ??
Are there any photos: yes.
What do they show: In respect of PCN 1(2 March), a PCN envelope served at 14.30. A sequence of 4 photos, 3 of which are of the car and taken in a 2-minute window. None shows the OP. In respect of PCN2, 3 March, there are numerous photos showing the car in what appears to be the same location as for PCN 1 but with only a single PCN envelope attached to the car. In both cases there appears to be a permit clearly displayed in the windscreen.


OP, is it vital that you let us know when your previous permit expired and when you renewed.

IMO, your draft sets the wrong tone. You are not on strong ground regarding non-service of the first PCN because there is evidence that it was served at the time stated. It is the driver's burden to have the necessary parking rights and unless you can show that the council obligates itself to notify holders then IMO your submissions on this point are unsupported by evidence and go to mitigation at best.

IMO, what is clear is that arguments regarding single contravention and issuing 2 PCNs within a 24-hour period(which are separate issues) apply in respect of PCN 2 and that, subject to when your permit expired, the 'penalty exceeds the a amount applicable ...circumstances of the case' applies to both PCNs because it's the incorrect penalty level i.e. the only penalty would be at the lower rate whereas your penalties are at the higher rate.
https://www.londoncouncils.gov.uk/sites/default/files/2025-03/Penalty%20Charge%20Notices%20Contravention%20Code%20List%202025%20%28Webpage%20Version%29%20%281%29.pdf

Re: CEO Revenge - PCN Misconduct
« Reply #22 on: »
I would find it useful to get all objective facts in one place so these can be reviewed.

No. PCNs at issue: 2
Dates of issue: 2nd March at 14.29 and 3rd March at 9.44am
Alleged contravention: in both cases 'failure to display etc. a VALID resident's permit...'
Are you a permit holder: yes.
Previous permit expired: ??
Are there any photos: yes.
What do they show: In respect of PCN 1(2 March), a PCN envelope served at 14.30. A sequence of 4 photos, 3 of which are of the car and taken in a 2-minute window. None shows the OP. In respect of PCN2, 3 March, there are numerous photos showing the car in what appears to be the same location as for PCN 1 but with only a single PCN envelope attached to the car. In both cases there appears to be a permit clearly displayed in the windscreen.


OP, is it vital that you let us know when your previous permit expired and when you renewed.

IMO, your draft sets the wrong tone. You are not on strong ground regarding non-service of the first PCN because there is evidence that it was served at the time stated. It is the driver's burden to have the necessary parking rights and unless you can show that the council obligates itself to notify holders then IMO your submissions on this point are unsupported by evidence and go to mitigation at best.

IMO, what is clear is that arguments regarding single contravention and issuing 2 PCNs within a 24-hour period(which are separate issues) apply in respect of PCN 2 and that, subject to when your permit expired, the 'penalty exceeds the a amount applicable ...circumstances of the case' applies to both PCNs because it's the incorrect penalty level i.e. the only penalty would be at the lower rate whereas your penalties are at the higher rate.
https://www.londoncouncils.gov.uk/sites/default/files/2025-03/Penalty%20Charge%20Notices%20Contravention%20Code%20List%202025%20%28Webpage%20Version%29%20%281%29.pdf

Wow good points...
In answer to your questions:
My permit was expired at time of pcns and it has been recently renewed now.

REASON:
I usually recieve a permit remninder by email. This year they switched providers and I did not And I also couldnt login to renew my permit with technical issueson their site.
I know its my responsibility to renew but this should offer something in terms of leeway I hope.

This compounds with their CEO that REFUSED to communicate with me. I couldve just moved my car and wouldnt have got any ticket but he walked off and later came back with a ticket when I wasnt looking and falsified the times (IMO).

I also have an email formal complaint on this guy and can link it in my evidence.

EDIT:
After looking at your link It seems My Pcn is for a higher charge as my physical and virtual permit were expired?
arstuwy4 Parked in a residents’ or shared use parking place or zone without a
valid virtual permit or clearly displaying a valid physical permit or
voucher or pay and display ticket issued for that place where required,
or without payment of the parking charge
Higher Code specific suffixes apply
« Last Edit: Today at 04:29:40 pm by C_H_R_I_S »

Re: CEO Revenge - PCN Misconduct
« Reply #23 on: »
Quote
OP, is it vital that you let us know when your previous permit expired and when you renewed.
Quote
My permit was expired at time of pcns and it has been recently renewed now.

You have managed to neatly avoid dealing with tincombe's point - dates please, of expiry and of renewal..