3. Penalty Charge Notice (Local Council)
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Penalty Charge Notice (Local Council)
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Hi, I am new to the group.

Recently I was parked up on a restricted street during prescribed hours. I came out and the warden was at my car, but no ticket had been printed or issued. So I quickly got in and drove off as the warden said nothing. When I was driving off he started to take pictures, so though nothing of it until I received a PCN through the post telling me to pay £35 within 14 days. I wanted to know where I stand with this and can I appeal?

Thanks.
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Re: Penalty Charge Notice (Local Council)
« Reply #1 on: »
Post up the PCN and whatever photos the authority have plus a streetview location.

Difficult to comment without full information but one reason that a postal PCN can be served is for drive aways... which seems to be what you got.
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Re: Penalty Charge Notice (Local Council)
« Reply #2 on: »
FYI



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Re: Penalty Charge Notice (Local Council)
« Reply #3 on: »
Reinstate the details you've obscured.
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Re: Penalty Charge Notice (Local Council)
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Thanks but people will want the other pages too.
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Re: Penalty Charge Notice (Local Council)
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The Traffic Management Act 2004 introduced the facility for councils to send a postal PCN in cases where the CEO was preparing a PCN, but hadn't yet printed it off to attach to the car, or hand to the driver, who  drove off before it could be served.  There are probably photos on the Manchester website, but these are not a legal requirement. If it came to adjudication, the adjudicator will decide, using the civil law test of "on the balance of probabilities" whether the offence occurred or not.

You can of course, submit representations (not appeal) to the council who are likely to reject them. YOu can also take them to the adjudicators for a final decision, but the full PCN penalty of £70 will be in play if you do.
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Re: Penalty Charge Notice (Local Council)
« Reply #7 on: »
SO where do I exactly stand with this? Is there any way of getting away with it or do I just have to pay for it?
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Re: Penalty Charge Notice (Local Council)
« Reply #8 on: »
Quote from: Supremo on September 21, 2023, 10:37:30 pm
SO where do I exactly stand with this? Is there any way of getting away with it or do I just have to pay for it?
From what you have told us so far, you accept you were parked in contravention, so if it were me, I'd pay the discount. You thought that by quickly driving off on seeing a CEO you'd avoid a penalty, but that option was closed off as I told you, by the Traffic Management Act 2004.
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Re: Penalty Charge Notice (Local Council)
« Reply #9 on: »
Thanks for your help. Basically the councils can do what they like? They can now issue you with tickets without even printing them out, very harsh to say the least. Just another money making scheme.
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Re: Penalty Charge Notice (Local Council)
« Reply #10 on: »
Well, much as I dislike council parking departments, in your case they have acted correctly.They have issued you with a ticket under the procedure; a postal PCN.
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Re: Penalty Charge Notice (Local Council)
« Reply #11 on: »
Quote from: Supremo on September 21, 2023, 10:37:30 pm
SO where do I exactly stand with this? Is there any way of getting away with it or do I just have to pay for it?
Well before we can give a reliable answer on that, we need:

1) All pages of the PCN in full, only your postal address needs to be redacted, and
2) Why did you stop your car there in the first place, and for how long?

One possible angle is given by the key events log on the council website:



Given you drove off before 4 pm, this suggests that when you drove off the CEO had not yet started to prepare the PCN, in which case service of a postal PCN would be a procedural impropriety. We've won on this point before, for instance see Jack Sterling v London Borough of Haringey (2230251780, 03 July 2023)

I have also requested the traffic order for this location, which is here: https://maps.app.goo.gl/nCrRpm1iL1MNMnoK9
« Last Edit: September 23, 2023, 12:27:22 pm by cp8759 »
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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 or 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 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Penalty Charge Notice (Local Council)
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FYI.

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FYI

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FYI

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