The other question is why would it go to the court and not to POPLA or Tribunal?
Does this need to be posted as a new topic?No
Does this need to be posted as a new topic?
What is the PCN number and car reg - you've blanked them.
As it stands you are out of time to make reps as the NTO is dated 26 July and a charge certificate is probably on its way.
My other question is, if a similar situation arrives again in the future what could a common man do to stop such behaviour (will calling the police help in this situation?) where they are forcing and abusing the power which is given by the council.Basically nothing, the most you could do is ask the officer to make some notes explaining the circumstances. If you discretely film the internation on your phone (i.e. without making it obvious so the CEO isn't aware) and the CEO says he'll make notes and then he doesn't, later down the line you can undermine his credibility and you can also make a complaint would the council would really struggle to dismiss.
Issuing the notice to owner
If the penalty charge is not paid the enforcement authority may issue a notice to owner (NtO). The purpose of this is to ensure that the PCN was received by the vehicle owner and to remind the vehicle owner that the payment in full is now due and, if it is not paid within a further 28 days, it may be increased.
The NtO may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is 6 months [footnote 33] from the ‘relevant date’. There should be a very good reason for waiting that long to serve an NtO. The regulations set out the information that the NtO must [footnote 34] give.
IMO, nothing in what you've said comes near 'an emergency' within the meaning of the Act, plus of course there's no independent evidence in support. In any event you could have pulled in to the side of the road. I would not risk the discount on this point but you can put it to the council and if you do I suggest you strip out the emotion and simply concentrate on the facts. In which respect what does 'The warden did not want to listen to anything when spoken to' mean?
Did the driver speak to the CEO? Where did this take place? Did the driver show the CEO their child and try to explain? What did the CEO say? How was the PCN served e.g. by hand to the driver or on the vehicle? If this took place at the vehicle, then the CEO must have noticed the child etc..
Thank you. I have appealed so let's wait for their response.
So I have no grounds apart from paying the pcn?Well, you don't seem to have any of the statutory grounds for PCN cancellation, but that doesn't mean you shouldn't submit representations to the council. These would be based on your narrative in your first post. They will inevitably refuse these, but may make a fatal error in their response that then gives you grounds for cancellation. One of the statutory grounds is "procedural impropriety", meaning they have not followed the enforcement procedure laid down in the Act and its associated regulations.
So basically there is no courtesy from the warden's side to ask the driver to leave as the car was manned?Courtesy ? That disappeared 30 years ago when councils realised they had been given a Magic Money Tree ! Parking enforcement now concentrates 95% on getting the money in, with traffic management 5%. Back in the day, when we had Traffic Wardens who came under police control, you'd have been asked to move on, no doubt about it. The key difference then was that all parking fines went to the government, the police did not receive any of the fines money.