Author Topic: Charging scheme PCN??  (Read 806 times)

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Charging scheme PCN??
« on: »
Hi, please could someone help me appeal if possible.

I got a PCN for which the reason was "the use of a vehicle on a road in the charging area for which a charging scheme applies without payment of the appropriate charge"

My car was parked in the business permit only bay and I was inside the car. No traffic warden nothing TFL just sent a picture of my car on the road.


Any way I can appeal this? Pretty sure there has to be a ticket on windscreen and not via camera

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Re: Charging scheme PCN??
« Reply #1 on: »
Please read this and update your post accordingly
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Quote
Any way I can appeal this? Pretty sure there has to be a ticket on windscreen and not via camera
Yes, there is a statutory appeal process. No there doesn't have to be a PCN served to your car. All moving traffic and low-emissions zone contraventions are enforced using CCTV and postal PCNs. It has been like this for many years.


Re: Charging scheme PCN??
« Reply #2 on: »
It wasnt a low emission zone contravention it was for being in a business permit only bay.

The below is from transport management act:


Enforcement using Approved Devices
8.9

"Penalty charge notices must not be served by post on the basis of evidence from an approved device other than when vehicles are parked on:

a bus lane;
a bus stop clearway or bus stand clearway;
a Keep Clear zig-zag area outside a school; or
a red route."


I was in a business permit bay none of the above...

Re: Charging scheme PCN??
« Reply #3 on: »
Until we see the paerwork and a GSV link to the location we're working in the dark. Please follow Incandescent's advice.

Re: Charging scheme PCN??
« Reply #4 on: »
Until we see the paerwork and a GSV link to the location we're working in the dark. Please follow Incandescent's advice.
+1
You need to be much more forthcoming if you want meaningful advice.

Re: Charging scheme PCN??
« Reply #5 on: »
It wasnt a low emission zone contravention it was for being in a business permit only bay.

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I was in a business permit bay none of the above...
Please post up the postal Penalty Charge Notice that you received. The only certainty that we have at the moment is that this has nothing to do with a business permit only bay.

Instructions for posting documents can be found in the Read This First - sticky post at the to of this forum. Easy once you've done one document.
« Last Edit: June 26, 2024, 02:30:34 am by Enceladus »

Re: Charging scheme PCN??
« Reply #6 on: »
The below is from transport management act:
The legislation applicable to your pcn will be stated at the top of the first page and it is not the Traffic Management Act.

As others, this is nothing to do with where you parked.

Re: Charging scheme PCN??
« Reply #7 on: »
It wasnt a low emission zone contravention it was for being in a business permit only bay.
But you've also said that the PCN is for "the use of a vehicle on a road in the charging area for which a charging scheme applies without payment of the appropriate charge", which has nothing to do with permit bays. This is exactly the reason why we need to see the paperwork.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order