Free Traffic Legal Advice

This time I've received a "Notice to owner" dated the 01/ 02/2024
It states : PCN ........ ( Insert number ) was served on 27/12/2023 by civil enforcement officer on the above vehicle " parked in a residents parking place or zone etc etc without displaying a permit or without payment of the parking charge.
Then the letter states: THE PENALTY CHARGE HAS NOT BEEN PAID".
Firstly does this mean a ticket was put on the windscreen ? Because there was no ticket on my windscreen.
Secondly , the letter I have received today ( 02/02/2024) is 37 days after the alleged offence. This is the first letter I have received and the first I have known about this alleged offence. I therefore not only did not know about this offence but I also haven't had the opportunity to pay the fine / charge at a reduced rate for obvious reasons.
Is this penalty charge notice now no longer valid due to the time frames?
Also I have be cer had an opportunity to pay the reduced charge as I didn't even know I had a PCN.
Please advise on my next steps.

Regards
Seasider

As per Neil B, please update your PCN so we can give full advice.

PCNs served to cars, (on the windscreen), commonly go astray, it's not a reason to cancel, I'm afraid. But your representations against the NtO need to point out that no PCN was found on the car, and therefore you have lost the opportunity to pay the discounted amount.

We need to see all pages pl.

Is there a reason why you were parked apparently in contravention?

Would you post the Partnership's photos pl.

This was outside my partner's property. She doesn't drive so no residents permit but iirc I was taking my father to see her and go to a cafe. He has a disabled blue badge which came through in the post between Christmas and New year so I can't remember if it had arrived and if I had put it on display on the dash. That's why I want to see photographic evidence of the PCN on the windscreen. There was definitely no PCN when I returned to the car.

The South Essex Parking Partnership website - which very easy to use- shows the photos. A BB was not displayed.

Pl stop referring to the missing PCN in your posts, it isn't a defence but we can agree that you would mention it in any reps. You would also request that if the authority reject these representations then I would request that the discount is re-offered because although the photos show a PCN, this was not present when I returned to my car etc.

Just to add , I have now seen the photos of the PCN. Less than half the PCN is under the end of the wiper blade which is pathetic. All the PCN should be under the wiper blade and there was 50kmh ( 31mph) wind gusts that day so it was a windy day. 

Hi I will request this. I'm presuming I have to appeal to do this ?
Also my partner is a resident but doesn't have a residents permit or parking for visitors as she doesn't drive. Also my father has been approved a blue badge and on the 18th December it was ordered for printing and delivery. He received this between 25th -30th because we used it on the 31st December, I just can't remember if it had arrived by the 27th but I guess we aren't allowed to park without displaying the blue badge even though it had been approved and printed ready for delivery. I did have my father with me , we were visiting my partner and private parking is available to the rear , I always park there but my father struggles to walk so I parked on the street in front of my partner's door. I guess none of this will be taken into consideration?
Finally , I've checked the weather for that day in that location and there was strong winds due to Storm Garrit , 31mph winds and on some areas 80-90mph and the civil enforcement officer attached the PCN so that more than half of it was not under the wiper blade. Total lack of common sense.

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Let's start with the basics:

Traffic order: https://store.traffweb.app/essex/documents/parkmap/sched/Consolidation%20order%202019%20(Basildon)%20with%20Schedules.pdf
Map tile: https://store.traffweb.app/essex/documents/parkmap/msched/TQ675%20945_rv0_1.pdf

Council photos:















Firstly you need to forget about the fact that the PCN wasn't found on the car. Sometimes they get lost due to wind, sometimes local children run off with it, none of that matters as it was validly served. There's no point in settling for the discount, there is almost no doubt that we can get the charge back down to £35 but the objective here is to get it cancelled altogether.

The vehicle does appear to be in blatant contravention and it's right next to the sign, but above you said "She doesn't drive so no residents permit but iirc I was taking my father to see her and go to a cafe".

Firstly you don't need to have a car or be a driver to get some visitor permits, as everyone is allowed to have visitors whether they drive themselves or not. It might be an idea to get some visitor permits so you don't have this problem again, as far as I can see it's either £1 or £1.50 for an all day permit.

As for getting this PCN cancelled, there might be some good mitigation but there's also the question of whether a contravention occurred at all. At what time did you arrive, and after how long did you leave to go to the cafe?