Author Topic: Parked for longer than permitted, but no photo proof of length of stay  (Read 114 times)

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Hello, I just received a PCN for parking in a place where parking is free, but only for 2 hours. They claim to have observed from 13:28 to 16:01. I don’t remember exactly when I parked, but I went to check the evidence and there is only pictures taken around 16:00.

Front of PCN
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Rear of PCN
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Signage
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« Last Edit: May 30, 2026, 09:39:30 pm by jacoscar »

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They don't take pictures of cars not in contravention...

The CEO will have noted the car on initial observation and probably recorded tyre valve positions to show the car hadn't moved.

So how do I make sure the fine is fair?

Well, if you parked before 2pm it was fair...

You need better than "I don’t remember exactly when I parked" to challenge this.

Well, there is no way for me to prove that I wasn’t there before a certain time anyway. I can only prove that I was there after a certain time. And the same applies to them.

So I would imagine the burden of proof would be on them?


Yes, they have to prove it to the satisfaction of the tribunal, should it go that far.

So what would you say in an initial challenge that the contravention did not occur?


Their primary evidence is the CEO's notes and these may be supported by photos.

IMO, if the CEO's notes (an official record) say that in respect of the period of parking specified in the PCN you were observed at 13.28 and you cannot prove the contrary using the legal test of balance of probabilities, then this would be found as a fact by an adjudicator.

If you can neither credibly claim that you moved and returned during the period or that you parked and remained stationary after the time of first obs then you would not succeed on these grounds.


Initial observation at 13.28 valve positions would have been noted on CEOs hand held computer and once inputted they can not be changed, and on second observation if the valve positions are the same a pcn would be issued as in your case.
Photos are only taken of cars after the issue of a pcn .
A ceo may log in lots of observations and if they took a photo of every one the memory of their HHC would use up very quickly so that is why photos are only taken at time of issue.