Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: norbertg on July 25, 2024, 08:45:52 am
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Ok, thank you and I think I understand. However, the ticket wasn’t fixed to the vehicle.
I just believe the CEO started to issue the PCN after I departed.
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He came out and shouted and said that I need to wait because he needs to prepare the ticket. I said you didn’t serve it in time and I drove off.
You're mixing different issues.
As regards 'preparation', paras. 26 and onwards of this High Court case give you what is current application of the law. In your case, I am certain that the time of entry of info into the CEO's HHC can be discovered by the authority who would want to in response to any allegation by you that preparation had not started.
https://www.londontribunals.gov.uk/sites/default/files/keycases/R%20%28TfL%29%20v%20Parking%20Adjudicator%20Judgment.pdf
'Service' in this case is when the PCN has been affixed to the vehicle.
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Here is Ealing Council policy: https://www.ealing.gov.uk/download/downloads/id/15040/parking_code_of_practice.pdf
Does this mean I have got nothing on them?
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Also, I don’t have a permit there.
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Thank you for all your replies.
Let me address the details concern first. Here is the exact spot by the tree: https://maps.app.goo.gl/JfNGxBkE3oBYjf2o8?g_st=ic .
I don’t remember the time I arrived.
I did see the CEO after I got in and started the car. He was behind a tree. He came out and shouted and said that I need to wait because he needs to prepare the ticket. I said you didn’t serve it in time and I drove off.
I think there might be a slim chance he had started preparing it after I left.
Would that make any difference if I didn’t see him?
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For info, the Traffic Management Act 2004 introduced the "driveaway PCN", for use when a CEO had started to prepare a PCN but the driver came back and drove off before the PCN could be served. The PCN is served to the keeper of the car as per the V5.
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OP, there are 2 aspects to your question:
Substantive as regards the contravention;
Procedural.
Both may be grounds for reps.
Substantive
No idea. As per previous post you've not given any relevant facts.
Procedural
The PCN was served because the CEO had begun to prepare the PCN etc. etc - these reasons are given in full in the PCN. The times of the photos would seem to support this view. So, what happened when you returned to the car?
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Somewhere here?
https://maps.app.goo.gl/GVQCBAELnv91QyQ49
Please pinpoint thw exact spot and post the link.
You need to give us a little more detail: what time did you arrive? have you a permit? did you see the CEO? etc.
I think you'll find the 10minute rule only applies for overstaying having been parked legitimately before the time the restriction came into force.
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Hi everyone!
I have appealed many PCNs in the past, but unsuccessfully. I was really trying my luck back then. Now however, I think I have really got a case.
I was issued a PCN by an officer by post. This is because they didn’t manage to put it on my car in time. I also think the grace period is 10mins (not sure) and both pics of the car, were taken at 13:35 and the PCN was issued at 13:43.
The letter says the car was observed from 13:43 to 13:43.
Is there anything I can use to appeal this? I might have failed at appealing before due to lack of knowledge of law and good wording. Could someone help me please?
https://imgur.com/a/EtKwskv
https://maps.app.goo.gl/5CLrZ236hBVfJzQm7?g_st=com.google.maps.preview.copy
Thanks,
Norbert