Free Traffic Legal Advice

I am the Registered Keeper of the vehicle.

The last email from BANES, on the 19th August 2025, clearly states and I quote: "The case will remain on hold until we are able to provide a response. No further action is required on your part until you have received our reply."

To date I have not received any reply.

^ Thanks.

IIRC, the NTO must be issued within six months from the date the PCN was issued.

I'm at a loss as to why the Council cannot provide proof of the time my vehicle was first observed. Maybe they can't, which if it goes to adjudication will be their word against mine. I accept that if this was the case, I would most likely lose on the balance of probability. As the Council has repeatedly ignored my request for proof, I think I would have a strong case for paying the reduced amount of £25.

All of which is of course hypothetical at this strange.

I find it an interesting case though, as why should it be accepted that the CEO is correct without evidence to prove it.

Yes, the statutory period has lapsed, but using their discretion, BANES have, as they said in the email: "The case will remain on hold until we are able to provide a response. No further action is required on your part until you have received our reply."

I objected on the grounds that I did not believe my vehicle was first observed at the time stated on the PCN. To date BANES have ignored this objection.

Had BANES met my objection, I would have paid the reduced penalty and that would have been the end of the matter. If BANES do not provide any evidence, which I find unlikely but you never know, either before or at adjudication and the decision goes against me then yes, I do believe I have a strong case for only paying the reduced penalty amount of £25. As it would have only been the fault of BANES in not meeting my clear objection that this case would have ended in adjudication.

Whilst this is a civil matter, not a criminal offence and my knowledge of the law is rusty, I can't believe that as BANES are seeking a financial penalty then some fundamental rights would still apply. Most probably under the UN’s Universal Declaration of Human Rights. As the onus in on BANES to prove the offence occurred. So far, I only have proof (date/time stamped photographs) of the where the vehicle was parked at the time the PCN was issued.

^ Thanks.

My understanding is that Councils in England and Wales (I’m unsure about Scotland) must provide details and contravention photographs if you challenge the PCN within 28 days, allowing you to view them before making your informal challenge.

In this case, I am ask for details to verify the time my vehicle was first observed.

Why not just pursue this matter through the enforcement and appeal procedures and test your theories where it counts, at adjudication?

Quote from: LT on September 10, 2025, 12:19:39 am

^ Thanks.

My understanding is that Councils in England and Wales (I’m unsure about Scotland) must provide details and contravention photographs if you challenge the PCN within 28 days, allowing you to view them before making your informal challenge.

In this case, I am ask for details to verify the time my vehicle was first observed.

. . . and the source of your understanding is . .

From posts on PePiPoo.

A speedy search on Google also came up with this:
https://www.southampton.gov.uk/travel-transport/fines-and-charges/parking-fines/challenge-parking-fine/

I’d be interested to see the legislation which states Councils in England and Wales do not have to provide any details or photographs to support the issuing of a PCN. 👍

 I have asked BANES for evidence to support their claim.
That evidence could, for example, be a screenshot from the CEO’s HHC.

I don’t think that’s an unreasonable expectation.

7(1)(b).

https://www.legislation.gov.uk/uksi/2022/71/regulation/7

You have seen evidence of the contravention with BANES, it's online in the form of photos taken when the PCN was issued i.e. when the contravention occurred...

With respect, this is where you are missing the point. The alleged contravention is a Code:30 - parked for longer than permitted in a limited waiting bay.

As I have said "ad nauseum", I have, so far at least, only received confirmation of when the PCN was issued, NOT when my car was first observed.

As such I don't have evidence to prove that the a Code:30 contravention occurred. Other than a time printed on the PCN.

I'm not inclined to jump to the beat of the council's drum and pay them a financial penalty without evidence to support their claim.