Author Topic: PCN - Moved location, and footage - Informal challenge refused - Valve Position (North Essex Parking Partnership)  (Read 1018 times)

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nigelbb

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Surely the evidence from the CEO confirms that the car had moved? They have noted front as 11 on first observation then 12 on second observation.

volavola

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Surely the evidence from the CEO confirms that the car had moved? They have noted front as 11 on first observation then 12 on second observation.

I guess they're putting that down to "it's close enough".

Honestly, I'm pretty shocked it's got the stage it has, there has been incompetency the entire way through, with now 3 different individuals involved:

- CEO either hasn't been trained that there is no zonal restriction and the three sets of bays have different TRO's, or he forgot that the car was in a different location before and the tyre valves were "close enough" to decide it hadn't moved.

- They failed to even view the video at informal appeal.

- They failed to see a time/date stamp in the formal appeal, despite it being clearly displayed in the bottom left of the video.

It's simply a waste of time, effort and money. Not just for me, but for the local tax payers, over something that should never have got this far. Very frustrated with it all.

cp8759

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@volavola well it's tribunal time, I'll drop you a PM in case you'd like to be represented.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

volavola

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Just a quick update, I've given North Essex Parking Partnership a call this morning just to highlight to them their error of missing the time and date stamp -  prior to submitting for tribunal.

After realising the error and subsequently speaking with a manager, they have cancelled the PCN.

I will also put in a complaint about how this was handled prior to this.

Many thanks to everyone who helped

John U.K.

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Well done! but get it confirmed in writing....
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cp8759

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Well done! but get it confirmed in writing....
Indeed you must get written confirmation, it wouldn't be unheard of for someone to get an assurance on the phone and then get a charge certificate in the post.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order