Author Topic: Thurrock postal PCN – EV charging bay - allegation that the vehicle drove away before service.  (Read 61 times)

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Hi all, will appreciate any advice.
I have received a postal PCN from Thurrock. The allegation is parking in an EV charging bay without charging. I spoke directly to the CEO. The PCN states the vehicle was driven away before service, but I remained at the location and subsequently connected the vehicle to the charger. The CEO photographed the vehicle at 13:15. The driver's door and boot are open, I am present at the vehicle, and shortly afterwards I connected the vehicle to the charger as shown in my photographs. Before making representations I intend to request the CEO notes and TRO. Any observations welcome.

Image PCN 1 in the Tod357's images album
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Image PCN 2 in the Tod357's images album
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Image PCN 3 in the Tod357's images album
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https://ibb.co/rKLgD07t
Image Evidence 2 in the Tod357's images album
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Image IMG 4819 in the Tod357's images album
ImgBB · ibb.co

https://ibb.co/4g5c2357

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This time there is a time on the PCN.

But if you didn't even move the car there is no reason for a postal PCN. I can't see any way you won't get this cancelled.

I wouldn't worry about asking for anything - just say the car remained in place, you spoke to the CEO and a PCN could have been served on the car or to you, so the postal PCN is a procedural impropriety and must be cancelled. 
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+1

But don't expect them to fold when they see your reps, because they are only interested in your money. You may have to go all the way, certainly to the Notice to Owner stage, anyway. It's how they game the system to get the money in.

London councils and Transport for London between them get between £600 and £700 million per annum from PCN penalties. It's an enormous scam.
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Surely the PCN acts as the NTO, hence one bite at the cherry before adjudication.


If these facts fit...I would suggest..


The council alleges that my car was in contravention at 13.10 and served a PCN by post because it claims that:

A contravention had occurred, and

The CEO......a civil enforcement officer had begun to prepare a penalty charge notice for service but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or ..


In support, the council has posted photos taken by the CEO, one of which shows my car and me (together with the CEO) in situ at 13.15 therefore fundamentally undermining the second limb of its assertion that the 'vehicle was driven away [at or immediately after 13.10] or that the CEO was 'unable to serve [the PCN]'.

It therefore follows that based upon the council's evidence alone there was no legal power to serve the PCN which must therefore be cancelled.
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Ah yes, Regulation 10 PCN, so no Notice to Owner, next step is Traffic Penalty Tribunal, I think, because Thurrock is not within London Tribunals sphere for adjudications.
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