Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Nyaz7 on September 03, 2024, 09:34:11 pm
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Observation time is only to see if there is exempt activity and if they see nothing they will often issue at once. If you'd been loading or assisting someone to board and they didn't see it these would have been exempt activities to challenge on provided they took only as long as necessary.
Collection preordered stuff could qualify.
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Thank you! Useful to know.
Unfortunately was just parked to pop into the shops so unlikely to qualify for any of the exemptions.
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A little-known council parking enforcement power in the Transport Management Act 2004 is to issue a postal PCN in cases where the driver drove off before the PCN could be served at the roadside. ALthough you say 1-2 minutes waiting time, it is probably longer.
There is no legally mandated observation period, BTW. Why were you stopped there, because there are certain exemptions that may apply ?
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Hi all,
New to the forum but seen a few helpful responses on similar cases and thought it would be worth a shot if I have grounds to appeal this.
I was stopped on a single yellow line for 1-2 minutes and drove off before a ticket was issued and thought that would be the end of it.
I've now received a Barnet PCN in the post for Contravention 01 "parking in a restricted street during prescribed hours".
Link to PCN and evidence images here - https://imgur.com/a/2SneUXo
Streetview link - https://maps.app.goo.gl/9bUoHMy1B6Z7phs5A
The notice says the CEO was prevented from affixing the notice to my vehicle. I got in my car and drove off whilst the CEO was standing there and they did not say anything to me or attempt to give me a ticket in my hand or to affix it to the car so I assumed they'd forgiven me as they hadn't started processing the ticket...
The observation period on the PCN is 20:03-20:03 and the evidence shows that by the picture stamped 20:04 my car is no longer there. I thought they had to observe for at least 3-4 minutes before being able to issue a PCN?
Any thoughts welcome!