Hi all,
I submitted the challenge below for a PCN we recieved but the council has rejected it. Was walking away from the car while trying to use the Ringo app but phone battery died. So immediately turned back but found pcn issued.
Please could someone advise if it's worth fighting or paying the discounted rate offered?
Here is the PCN:
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Here is the council rejection letter:
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And here is the challenge we had submitted:
I am challenging this PCN on the grounds of procedural impropriety and that the contravention did not occur.
1. Lack of Required Observation Period:
The PCN itself records an observation time of 16:13 to 16:13. This is a zero-minute observation. For a Code 11u contravention in a bay where mobile phone payment is required and loading/unloading is permitted, a zero-minute observation is a breach of standard enforcement procedure.
2. Evidence of Instant Enforcement:
Your own photographic evidence confirms this premature issuance. The first photo was taken at 16:13:36 and the final photo at 16:14:20. This total duration of 44 seconds is grossly insufficient to allow a driver to exit the vehicle, consult the signage, and initiate a RingGo session.
3. Failure to Account for Exemptions:
As this bay allows for the exemption of loading/unloading, the CEO is required to observe the vehicle for a sufficient period (typically 5 minutes) to ensure no such activity is taking place. By issuing the PCN in under a minute, the CEO failed to establish that a contravention was actually occurring.
Under the Secretary of State’s Statutory Guidance, enforcement must be fair and proportionate. 'Instant' enforcement in a parking bay is considered predatory. I request that this PCN be cancelled immediately due to these procedural defects.
