Author Topic: Electric Vehicle Oversay - Waltham Forest - - code 301  (Read 560 times)

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Electric Vehicle Oversay - Waltham Forest - - code 301
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I got a PCN for alleged over stay on electric charge bay. They say it's only 4 hours.
The picture on the PCN evidence site are only from the end time / time the PCN was issued. ie: there is no picture showing the start time/ time the council say the car was first seen. Can they rely just on anofficer statement if I went to tribunal and they only showed the pics stated on the PCN evidence site

Also returns aren't forbidden so you could have been on point, gone to pick up materials which I often do and then gone back.

Finally car didn't charge and I did notice that lunch time so hoped it would charge but didn't

Here is the PCN:



Thanks
« Last Edit: October 18, 2023, 12:23:43 am by cp8759 »

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Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #1 on: »
Quote from your PPP post
Quote
HI - I recieved a PCN for an alledged overstay on an electic charge point.
I have challenged this and it's been declined. As in other cases I have had they have only selectively addressed the points I have raised

The first point I would like a view on is what evidence to the LA need to win the case at tribunal please? I am asking as the pictures only show the car at circa 16:22 and not at 9:58 which is the time that the officer claims to have seen my car there. Should there be a picture or can the LA rely soley on the officers notes for the time s/he first saw the vehcile?



We need to see all the paperwork...
Please post both sides of the PCN, a copy of your challenge and of their letter of rejection, any council photos and a GSV link to the location.

I find using https://imgbb.com/ and uploading each image separately means you can scroll down past each image and copy each BBCcode into your post here, thus displaying them here and saving having to look at websites.

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #2 on: »
Thank you

Here is the location link https://maps.app.goo.gl/7PmRMFFSKSFxpnxJ6

Here is a link to the council response - https://ibb.co/RzZK89F

Sadly I don't have my challenge as submitted via LA website and I thought I would get a copy but didn't.
In summary I asked them I pointed out there was no picture evidence of the arrival time , pointed out I may have left and returned to the point and that the car didn't charge which is why they have the screen shot of the post. I also pointed out that it's 8p a minute to overstay on these points so unlikley anyone would do that.

Here are the council pictures and back of PCN - I hope this is ok as first time I have used it - apologies if not.

 https://ibb.co/album/SDD3k7

Thank you

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #3 on: »
Here's the rejection


And some of the Council photos











The PCN is cropped and upside down - I think you need to flatten, re-photo and repost.


Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #4 on: »
I've fixed the PCN in your opening post.

The civil enforcement officer would have made a note of the tyre valve positions, the time of this would be recorded in his hand-held device and the timings cannot be altered later.

If your car had been driven away and returned, statistically there's only something like a 1 in 124 chace that the tyre valve positions will happen to be exactly the same (or so I've heard a council claim in a tribunal hearing). The CEO would have noted that the tyre valve positions where the same when he went back, and based on that he formed the belief that the car had not moved. The tribunal routinely accepts evidence of this nature.

So, did the car move during this time, or did you actually overstay?
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: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #5 on: »
Thank you - I was just about to upload new picturs.
I actually can't remember as there ever day and very stressed with a situation where a tenant passed with no next of kin and now dealing with the flat, refurb, freeholder deadlines etc.

Re: the tyre postion then - so they don't have to show that picture in the evidence, simply have a note of it? Also maybe it's corrrect but seems unliekly that they log the tyre positions of every car they see and then return or perhaps they pick random samples. If it's the case they don't need the opening time picture I'll simply have to pay it - mainly to reduce stress. I likly overstayed anyway in total but probably not aligned with their times as car didn't charge and app supposed to altert when charged but didn't etc.

Thanks

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #6 on: »
AS CP says, the system is that a CEO patrols, notes vehicles already parked and should take note of something like valve positions that is unlikely to be repeated if vehicle moves.
Those notes are admissible and should be asked for.
Popular misconception is that photos are required, they are not.
Though lack of photos can be used to cast doubt on CEO evidence, in this sort of case, there would not normally be any.

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #7 on: »
Thanks for your response.
Sorry if I am being dim - but are you saying I should asked the LA for the officers evidence before deciding on an appeal and if so do they have to supply this or are you simply saying the the appeal should ask for them ( should I go down that route)?

Thanks again

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #8 on: »
Asking for CEO notes is pointless, I cannot recall a single case where these have been requested and have actually been provided prior to the tribunal stage. The only exception is Richmond upon Thames where there's a way of getting them from the council website if you know what you're doing.

To answer you question the short answer is no, they don't need photos of the car at the start of the observation period. You don't seem to be able to assert that you didn't overstay, which means that you probably did and an adjudicator could hardly be criticised for making a finding of fact to that effect, so it sounds like you'd be looking for a technical defence.

However the best angle might be compelling mitigation, can you tell us more about this tenant situation please? Timelines are be important.
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: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #9 on: »
Thanks for you reply

The tenant situaiton is that the person sadly passed away late last year with no next of kin so it's been a night mare sorting out the legal fall out of that, regianing possession, dealing with LA re public funeral, LA searching the flat for wills, assests for public funeral ( think The Sweeney! ) tring to get gas service back etc. And then, as he was a hoarder, dealing with his stuff, then the freeholders before finally staring to refubish the flat ( which has been full of stress and challenges.)

I don't think that in itself is going to be mitigation for an alledged breach. However what I do believe is that it sets a context for why I am not absolutly aserting with 100% assurtity I did/didn't overstay etc. This is because since about Feb when i got possession back I am pretty much there 6 andsometimes 7 days a week so days meld into one. However generaly if the car needs charging I charge it ( staying up the 4 hours allowed ) - then if it's in morning I sometime pop for materials, get some lunch then come back and top car up before going home or simply use visitor permits off the electric bay.  Since my last post I have checked my credit card and did visit toolstation, screwfix and ITS on the day concerned. Now sometimes I walk to the first 2 but not ITS as that's close to a mile from the flat so I wouldn't have wanted to take that much time out the day to walk there and back. Also checking the historic weather for Oct 13th it was rainy that day which seems to suggest I would have jumped in the car. However I am so stressed with this project I can't be 110% and that's why I am/was focusing on the evidence the LA have that I didn't leave the point/ did leave the point as return. This is where the car not charging element comes in ( this has happened in the past).

The officer has car there ( no pics but note book - according to LA challenge respponse ) - 9:58 am. I could have well gone round there, dirven off and picked up materials and then popped car back to try and charge. As far as I know ( and I am writing back to ask LA this ) - a return is not forbidden unless their interpration to the sign is that you are only allowed a total of 4 hours stay at anytime between the times on the signage plate. It doesn's say no retrun or no return within x hours. So in theory, although against the spirt of keeping the points accessible to others, you could drive off go round the block and straight back on. Again if this was the first time the car not charging on point had happened I would remember it what I did that day but it's happened quite a fews times on these points and sometimes on the BP points which are local to the property too.

I have written to LA asking them to confirm re: returning to the point and what specific evidence they have re: car not moving off etc and explaining about the receipts etc. I am probably be niave but surely if they have tyre positions or something of that nature they could simply tell me that as part of the evidence against me / to help me make an properly information decision whether to simply accept that I may have been so busy / stressed that day I forgot the car, relied on app alert to tell me car was charged which I didn't get and forgot or as above and most likely given material receipts moved it and come back.


Thanks again

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #10 on: »
OP, you are clutching at straws IMO. Sorry.

The CEO's notes v you not knowing when you parked = adjudicator finds that you were there as per CEO's records. This is not a marginal overstay, your car was in situ for 7 hours, nearly double the permitted time. Charging isn't relevant. It isn't a FOC parking place, it's a short supply charging point. I could not see an adjudicator having any sympathy with you in this regard.

I see no point dancing around this. The council is not under any obligation to enter into ping-pong correspondence or deal with you speculating as in what if I did A or B etc.

IMO, move on. I think time is better spent anticipating the next steps and not 'what iffing' the past.

Are you the registered keeper(with current DVLA keeper details in your own name, not a company) or is the car leased or hired?
« Last Edit: October 22, 2023, 11:41:04 am by H C Andersen »

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #11 on: »
Thanks I am the keeper
However I still don't understand why the issue of being there and returning isn't relevant

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #12 on: »
Because you didn't.

For information:

Costs [at adjudication]

13.—(1) An adjudicator must not normally make an order awarding costs and expenses.

(2) But, subject to sub-paragraph (3), an adjudicator may make an order awarding costs and expenses—

(a)against a party (including an appellant who has withdrawn an appeal or an enforcement authority which has consented to an appeal being allowed), if the adjudicator considers that—

(i)the party has acted frivolously or vexatiously, or

(ii)the party’s conduct in making, pursuing or resisting an appeal was wholly unreasonable;

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #13 on: »
Thanks - yes I had read the costs point - hence exactly why I'm trying to be sure.
Not sure why you say I didn't when I can't remember / have receipts from trips to material stores during the day. Yes sometimes walk to screwfix / tool station but not to ITS takes too long out of the day. But if in these case the balance of proof is for me to prove I did leave and return rather than the other way round I'll have to simply pay it sadly.

Re: Electric Vehicle Oversay - Waltham Forest - - code 301
« Reply #14 on: »
The burden of proof to establish on the balance of probabilities that the CEO's notes are inaccurate does indeed lie with you.

I want to get away from this issue because defending the contravention is taking far too much of your effort. There are several strands of procedure which have yet to develop and be examined before you should consider paying