Free Traffic Legal Advice

Just over a week ago, I received a Notice to Owner (NTO) for contravention code 46: “Stopped where prohibited (on a red route or clearway),” but I never received a Penalty Charge Notice (PCN) beforehand.

When I returned to my vehicle, two Civil Enforcement Officers (CEOs) were standing nearby, but there was no PCN attached to the vehicle.

As I approached, one of the CEOs attempted to stop me, saying a ticket had already been issued and that I needed to wait. Meanwhile, the other officer seemed to be quickly inputting details into her handheld device. From what I could see, no ticket had been printed at that point.

I didn’t engage and simply got in the car and drove off, as I’ve always understood that a PCN must either be fixed to the vehicle or handed to the driver for it to be considered properly served.

Their evidence shows my vehicle stationary from the front and back (3 minutes apart) without any PCN attached.

Notice to Owner linked below:

Notice to Owner

really hope someone can help?

You've deleted the PCN no. so we can't access their photos.

Pl reinstate the PCN no.

The simple analysis goes:

You returned to the car and did not find a PCN affixed to the vehicle;
You therefore dispute that one was served;
This is supported by your account AND (we hope) council photos, none of which shows a PCN having been served;

Grounds of reps: Procedural impropriety.

The burden then shifts to the council to prove that a PCN was served and to explain why, if this was the case, service has not been recorded.

I'm sorry, I thought I needed to scrub that off!

Anyway, this is it >> RG40219655

Only three pics and no PCN on van.

If they had sent you a postal PCN on the basis that you drove away before it could be served to you or the car, then you'd be struggling, but by serving a Notice to Owner, they've shot themselves in the foot. For your information, the Traffic Management Act 2004 introduced clauses to deal with drivers who drive away before a PCN can be served,

I don't recall them saying anything about how they allege a PCN was served?

So i simply select reason: "Procedural impropriety" with no need to say anything else?

Don't know why the section is headed 'applying discretion'.

If you are sure no PCN was served on the van take them to the tribunal and opt for a telephone hearing.

Adjudicators take a dim view of authorities telling porkies.

Great,

So when registering the appeal with the tribunal website, I won't be asked for anything beyond the details of the NTO?

They should indeed have come clean and admitted they served the wrong document - a postal PCN looks like it would have been correct. But they sent an NTO instead.

We see a wrongly served NTO quite often and it can come down to your word against theirs, which is why speaking to the adjudicator is vital should they contest.

I suspect in this case they've not bothered to check the CEO's notes and when they do won't contest the appeal.