Free Traffic Legal Advice

PCN was issued on my vehicle. This first came to my knowledge when the NtO arrived about 35 days after the PCN was allegedly issued. Several questions have arose around the issuance of the PCN.. I'm suspicious about whether it was actually issued or not.

1) I accessed the vehicle at 10:05, and there was no PCN on the windscreen. The PCN was supposedly issued at 10:03, just 2mins prior. There's a photo of a yellow PCN sticker on my windscreen, but there was no PCN on there as I would have 100% seen it. I can't believe that someone would have removed it in those 2mins and I'm sus about whether it was actually issued or not.

Is it known for CEO's to 'pre-shoot' photos of the PCN being issued before actually issuing it? I suspect the CEO put a dummy PCN on the windscreen, took photos of it, and then went off to print the actual PCN, only to find that my car had been moved by the time it got back - so they never issued it.

2) On review of photos of the alleged contravention, the CEO took several photos of the vehicle on the SYL at 10:03. There's no photo with the yellow sign board AND my vehicle together.

At 10:10, they've taken another photo of a sign board somewhere else on the road and included this, but it doesn't include my car in the photo at all - just a close up of another signboard that clearly isn't the one near my car. If it were the signboard next to my car, then my house would have been in the background, rather than some random tree and a fence. Is this valid/allowed?

For context: I parked outside my house on a SYL as my neighbours are doing building work and had blocked access to my driveway with builders/delivery vehicles that morning. As I knew I'd be using the car shortly after 10am, I left it on the SYL for half an hour rather than asking everyone to move their cars around. I've lived here 10yrs and always park on my driveway. And for anyone wondering, the restriction is indeed 8:30am - 10:30am, and there is a valid yellow sign outside my house where I parked - it's just not captured alongside my car in the photos.

I also would have likely paid the £35 reduced fee if I'd known about it at the time, but there was no PCN, so the first time I've learnt about the PCN was when the NtO for £70 came through.

GSV here

For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up all sides of the PCN, redacting only name and address, with a GSV link to the location.

What time did you park the car?

Just updated my post for you. I was there from about 9:35am - 10:05am. Was parked outside my house as driveway wasn't accessible at the time and I knew I'd be using the car at 10:05am.

I suspect the CEO put a dummy PCN on the windscreen, took photos of it, and then went off to print the actual PCN, only to find that my car had been moved by the time it got back - so they never issued it.

Probability...<< 0.00000001% IMO.

It's not that you found an empty envelope, you didn't find one at all.
The council have photos of an envelope having been served on your* vehicle and IMO an adjudicator would find as a fact that it was served, however passionately your account is told.


For context: I parked outside my house on a SYL as my neighbours are doing building work and had blocked access to my driveway with builders/delivery vehicles that morning. As I knew I'd be using the car shortly after 10am, I left it on the SYL for half an hour rather than asking everyone to move their cars around

So was this neighbour's car also ticketed given that they were parked on a SYL while in force?

We do need to see the NTO pl.

As you seem content to pay the discounted penalty then, as it is a regular, but not prescribed, practice for authorities to re-offer the discount in the event of unsuccessful reps and absent any other grounds which we might discover on viewing the notice to owner IMO you should as a minimum endeavour to submit reps no later than 13 days after deemed service of the NTO(2 working days after posting).

I would limit your reps to facts and not what might be considered wild and baseless accusations about the CEO's actions. 

*- pl confirm that you are the registered keeper.

Managed to get a copy of the "original" PCN. PCN was not received/present on vehicle when it was moved at 10:05am on 18/06/2024 (2mins after it was said to be issued). Chased them on email last week following receipt of the NtO and my rep submission and they kindly sent it over.

NtO - received 23/07/2024. This was the first time I learnt about the PCN

NoR - received 02/08/2024. They've offered the reduced amount for 14 days and have responded to most of my points. No explanation why aa photo of the restriction at the start of the  road was taken instead of the one where the vehicle was parked. Note timestamp also 7mins after PCN was issued. There is also no photo of the car and the sign together, only the car from the pavement and the rear of the post.

GSV

It is disingenuous of them to show a photo of a sign some considerable distance from where you parked. However, if you want to take the matter further, you can take them to London Tribunals, but the full PCN penalty will be in play.

Is the sign in their photo for the same single yellow line outside your house ?