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Notice to owner but no PCN on widscreen

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Notice to owner but no PCN on widscreen
on:
#1
Hi,

Thank you in advance for any help. I just received a NTO but when I logged in there is a photo of my car without any PCN on the car. I never received one otherwise I would have definitely appealed or paid straight away.

Can I just appeal on this basis or do I need to get more technical?

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Re: Notice to owner but no PCN on widscreen
Reply #1 on:
#2
The NTO please and all the council's photos.

Some adjudicators accept that proof of service is not established when there are photos, none of which show the PCN having been served.

But on the other hand, the driver might have driven away before a PCN could be served, but we'll find out when we see the NTO i.e. if it's a 'drive-away' PCN it'll say so.
Re: Notice to owner but no PCN on widscreen
Reply #5 on:
#6
Thanks.

A routine NTO.


So, we need to look at substantive issues as regards the contravention and procedural matters e.g. was a PCN served? A single photo without the PCN or traffic sign seems a tad odd.

So, from your first post I take it that you were you the driver and that the car was parked without payment of the parking charge (because you said you would have paid had you found a PCN).

So, pl set out the circumstances and give us a link to the actual location so that we can see the relevant sign.

You have until 11 June to make formal reps, so no rush.

Re: Notice to owner but no PCN on widscreen
Reply #7 on:
#8
OP, we do need to know exactly where the car was parked on High Road, Woodford Green, so please post-up a GSV view telling us exactly where.

You have shown a record of payment being made and the end-of-session time is well after the PCN time stated on the NtO. The location on the PbP app is the same as on the NtO. So where is the problem ? Well, is the reg number for the vehicle correctly entered. (a 'O' letter, instead of a 0 zero for instance).
Re: Notice to owner but no PCN on widscreen
Reply #8 on:
#9
It was parked here. I have checked everything. Number plate was correct, time was correct. There doesnt seem to be an issue.

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Re: Notice to owner but no PCN on widscreen
Reply #9 on:
#10
It was parked here. I have checked everything. Number plate was correct, time was correct. There doesnt seem to be an issue.
Indeed there doesn't, so you now need to submit reps on the basis that payment was made to park from <time> to <time>, and include a copy of the PbP app receipt for payment. Post up their response when you get it. CEOs do make mistakes even though the council will never admit it !
Re: Notice to owner but no PCN on widscreen
Reply #10 on:
#11
@Nick325i as per the guidance here, please re-post the NTO without redacting the number plate or PCN number, also please post up your pay by phone screenshot. You never know we might spot something that explains these somewhat odd circumstances.

We also need to look up the council photos because for all we know, there might be no case to answer.
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
Re: Notice to owner but no PCN on widscreen
Reply #12 on:
#13
Thanks. I have already appealed this one.
No you haven't, you've made a representation. If that representation is rejected we will need to see all the documents, we can't give advice if we're flying blind.
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