Author Topic: PCN Code 47 - Essex County Council - Fyfield Road, Ongar  (Read 745 times)

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PCN Code 47 - Essex County Council - Fyfield Road, Ongar
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This PCN was received for 'stopping in a bus stop'

The vehicle never stopped but slowly drove through in order to park in a marked bay outside some shops.

Its a very grainy video filmed from a camera van which drove past at some speed. Each frame of the video appears to show the vehicle moving through the bus stop.

Representation has been made pointing out the fact that the vehicle was in fact moving as the video shows. This representation was rejected by the council so think the case needs to go to adjudication.

Any helpful defence comments gratefully received! Thank you.

Details here:

https://imgur.com/a/3kFOrX8

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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #1 on: »
We need to see the video to give better advice but to start paragraph 6 of page two has no basis in law and is prejudicial to you rights. No time is stipulated for asking to view the video or have stills sent to your address. It might be you want to do this after a representation before you consider an appeal to the tribunal and the law would allow that

Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #2 on: »
Thanks Pastmybest. Interesting to know.

Please click on the link for the incredibly dubious 'evidence'

https://imgur.com/a/2rn8YMT

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« Last Edit: September 06, 2023, 01:57:23 pm by dan-75 »

Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #3 on: »
Ridiculous. Can we see the representation and rejection. You are right this should be taken to adjudication 
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #4 on: »
https://goo.gl/maps/U8onYYQZjMmP5KjH9

As I said on Pepipoo they have used the wrong legislation --the 2007 Regs are defunct. Secondly, I have reservations that drive-by footage is acceptable. If the van is facing the camera car and according to the OP in motion then how is a "stopping" contravention established?

(Does the video show the driver?)

Mike
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #5 on: »
As said, wrong legislation and a prejudicial time limit on viewing the video.
They cannot enforce against legislation that does not exist.
While viewing online is fine and will often be accepted by adjudicators as an acceptable alternative to the viewing at an office of your choice, the imperative of must within 14 days is adding time limits not legislated.

Those two points alone should be enough to win at adjudication.
When you add in a particularly bad drive by video that totally fails to establish that the vehicle was stopped and it is difficult to see how you can lose.

Can we see the reps and Notice of Rejection please

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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #6 on: »

OP, the vehicle is commercial, Topiary Hire (hire as in greenery, not vehicle hire), and therefore the PCN is addressed to the company(even though we cannot see this).

We need to establish your status in this because only the company, effectively an authorised person on their behalf, may make reps and appeal to the adjudicator. But it cannot be you in your name, always the company's.

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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #7 on: »
Yes, I am the Authorised person.
The PCN is addressed to my company.

I cannot find my written representation, but basically I said:

"The PCN should be cancelled as the vehicle pulled over to slowly drive into a free parking space outside a row of shops. It is quite obvious the vehicle can be seen moving in the video, against a fixed street scene. It also shows the driver in the vehicle.

As this is not the first time your organisation has attempted to blatantly defraud our company of funds, an invoice will be sent directly to your offices for our time. Additionally, your head of Parking Mr ****** and the operator of the camera vehicle will be reported to the Police for investigation of the charge of Misfeasance in Public Office, and breach of the Fraud Act"

As I have had enough of tickets without any merit whatsoever, they have been sent an invoice. Its time to make a stand. A simple County court claim can follow on that one if they fail to pay. Pay dont pay, it doesnt bother me, but If everyone did the same it would collapse their extortion racket through sheer weight of paperwork.

Their retarded response appears in the link below.

https://imgur.com/a/hYQPo8E
« Last Edit: September 08, 2023, 12:29:35 pm by dan-75 »

Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #8 on: »
That made me laugh, would you like me to draft an appeal for you

Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #9 on: »
Ye gawds !!
The NOR wording is enough to win it for you.

They do not say you were stopped but that what you were doing was likely to include a stop.
In other words, we are penalising because we think you stopped but cannot show the stop.

I would be including exactly what they say and that likely to stop does not mean stopped.
I would also be considering costs.... continuing enforcement on a whim, likely to stop, is simply having a laff.... or wholly unreasonable and frivolous to use the proper vocablary
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #10 on: »
That made me laugh, would you like me to draft an appeal for you

Yes please ! If you could, much appreciated.

I believe all LA's are at this point, so skint or almost bankrupt, (morally and financially), they will stop at nothing to extort as much as possible.
When their actual job is to serve the people, in a transparent and legal manner.
« Last Edit: September 08, 2023, 09:36:51 pm by dan-75 »

Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #11 on: »
That made me laugh, would you like me to draft an appeal for you

Yes please ! If you could, much appreciated.

I believe all LA's are at this point, so skint or almost bankrupt, (morally and financially), they will stop at nothing to extort as much as possible.
When their actual job is to serve the people, in a transparent and legal manner.

Dan it would be better if i deal with the whole appeal for you including the telephone hearing, this is because the second part of the appeal is technical regarding breaches of regulations if you are happy for me to do so let me know
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #12 on: »
That made me laugh, would you like me to draft an appeal for you

Yes please ! If you could, much appreciated.

I believe all LA's are at this point, so skint or almost bankrupt, (morally and financially), they will stop at nothing to extort as much as possible.
When their actual job is to serve the people, in a transparent and legal manner.

Dan it would be better if i deal with the whole appeal for you including the telephone hearing, this is because the second part of the appeal is technical regarding breaches of regulations if you are happy for me to do so let me know

I am seeing this in three parts.....
Dan's credibility in that he is adamant he did not stop
The evidence or rather lack of it plus their wording in the NOR that effectively says we are guessing you stopped.
The technical bits, wrong legislation and prejudicial time limit plus any others PMB may have up his sleeve.

TBH, I think That is the order and Dan's credibility with the second is key.
Technical matters may not even be ruled on.
But, if Dan does not speak at the hearing, the first becomes simply repeating a statement and looses worth.
Just some food for thought on tactics.

Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #13 on: »
Totally up to Dan I will write an appeal and post it here anyway for Dan to use or not as he sees fit I personally am not concerned about dans credibility in this because first off the council have to prove a contravention and their video does not do that but the tribunal can be given Dans number and if the adjudicator want to talk to him make himself available
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #14 on: »

According to the OP the vehicle was driving through the bus stop therefore driving on the wrong side of the road which is illegal. There is no evidence that the vehicle had crossed traffic lanes to enter a parking place.

So, 'Sir, whereas the driver was clearly not driving as they should by driving through the bus stop on that side of the road, I submit that in itself this admission and the authority's lack of evidence to the contrary show that the contravention did not occur...

OP, pl let an experienced poster handle this in total.


Also, to whom is the NOR addressed, you via the company or the company? If the company, then IMO proof of your authority should be presented to the adjudicator, just as whoever represents you will need the company's authority, even if this is signed by you.