Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: aakash111 on November 02, 2024, 07:44:26 pm
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what about boarding and alighting in this case. when out and return to car.
Boarding and alighting who ? There is an exemption to yellow lines for boarding and alighting passengers. Where the passenger is vulnerable, (child, disabled etc) and must be accompanied to/from a safe place, then tbis is called "assisted boarding" and is also exempt. You have to prove the exemption applies.
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what about boarding and alighting in this case. when out and return to car.
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Yes, afraid so, and legal too. Observation periods are not mandated by law.
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Is it normal in PCN
Time of contravention 15:01
Observation from 15:01
Observation to 15:01
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Thanks for submitting in same post,
The PCN was issued when I left the scene. I did spoke to issuer who was still in process of taking photos, but he refused to listen so I drove away.
Regards,
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At last, you're back on the regulatory track.
Your account doesn't suggest that you have a defence against the contravention i.e. you were parked on 24/7 DYL without an exemption applying e.g. displaying a valid BB, loading/unloading/collecting/delivering goods which could not have been effected without parking where you did etc. IMO, collecting medicine/prescription from a pharmacy doesn't meet this test and there's no evidence in the photos of you returning with such a load.
In these cases IMO you have to look at procedural issues, in your case whether a PCN was being prepared when you drove off or whether all that the CEO had done was activities preparatory to creating a PCN.
You were there, we weren't, and your account is thin on this point.
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You are on a double-yellow line which means "No Waiting" 24x7, and needs no signs. Colour of car irrelevant.
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Topic re-united with original thread.
Please post a GSV link to the location.
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Couple of more photos of same PCN.
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Dear moderator/readers,
Having previously received a Charge Certificate for a PCN issued by post which was not received, on advice from this forum I waited service of the Order for Recovery. Subsequently, I submitted a Witness Statement to the Traffic Enforcement Centre citing the grounds of 'Did not receive the PCN/NTO. This happened twice so witness statement was submitted two time.
Now i finally received PCN on 22nd August. attached.
Need to do representation and need your advise.
i was parked for couple of mints to pick an item from shop.
The evidence from council shows no signage of restrictions.
Please advise further what will be next course of action.
Regards,
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Thanks HC Anderson,
never happen that I miss mail, i suspect council didn't issue PCN or not posted.
As suggested, I am in process of submitting SAR. rest is okay but don't know what to write in below fields of the form.
1. Name of council service area - "Parking" (in my opinion)
2. What type of service was used or received - ??
3. When was the service used - ??
4. Please provide any additional information which you think may help us in locating your personal information. (I want to see copies of original and latest Parking charge notice issued on my name as registered keeper of the car - Registration YD61EHW).
Regards,
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Something's odd with your mail.
After the authority received the Order, they issued a new PCN on 10 March(it states as much on the CC) and because they didn't receive reps followed up quickly with the CC.
You now have to go through the OfR loop again.
While you're waiting, I suggest you submit a Subject Access Request to the council: https://www.peterborough.gov.uk/council/council-data/subject-access-requests
You want to see copies of the original and latest PCN.
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Hi HC Anderson,
i found the letter from county court (attached), it was issued on the 28th of Feb.
please see and shed some light.
[attachment deleted by admin]
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The law is as follows:
The council must give a new NTO no later than the end of the period of 4 weeks beginning on the date the revocation order is served on them.
And that date is?
2 working days after it was issued.
So, as you've misplaced the order phone TEC and find out when it was issued.
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I ticked the first option, I didn't receive PCN/NTO, I don't have same form which I posted also misplaced the one received by court.
Hope that helps.
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Spot on.
AND which of the 4 grounds in the TE9 did you tick?
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I believe HCA is asking for you to post a copy of this document you say you received:
Court accepted the statement and advised council to issue PCN.
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hi H C Anderson,
please see attached previous TE3 form. this was received before the current cc.
would this go to again submitting witness statement that no PCN received in next stage?
Also is this normal that council send CC instead of original PCN after court direction?
Kind Regards,
[attachment deleted by admin]
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Post the Revocation Order from the Traffic Enforcement Centre.
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Dear All,
Having previously received an order of recovery letter from council for a PCN issued by post which was not received, on advice from this forum I waited service of the Order for Recovery. Subsequently, I submitted a Witness Statement to the Traffic Enforcement Centre citing the grounds of 'Did not receive the PCN/NTO. Court accepted the statement and advised council to issue PCN.
Now the council sent me again a charge certificate but not the PCN/NTO (attached).
What do I do? please advise
Thanks
[attachment deleted by admin]
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Why don't you just take this step by step pl.
Do not contact the council.
.....why not present your next post something like this?
Having previously received a Charge Certificate for a PCN issued by post which was not received, on advice from this forum I waited service of the Order for Recovery. Subsequently, I submitted a Witness Statement to the Traffic Enforcement Centre citing the grounds of 'Did not receive the PCN/NTO ....
I then received a Revocation Order from TEC dated ******.
Subsequently, the authority sent me a CC in respect of this PCN.
What do I do?
........
Fill in the blanks above and post the Revocation Order. Do not remove PCN numbers and dates, leave everything in except your name and address.
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Hi All,
need advise as council sent me charge certificate (11/04/25) to pay £105 and mentioned in CC that a PCN was issued on 10/03/2025 (never received PCN)
What should be course of action. why council is not sending me original PCN so i can make representation.
CC attached.
Thanks
note:- they send CC after witness statement submitted that PCN not received.
[attachment deleted by admin]
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+1.
so what should i do now, wait for them to register PCN with TEC?
As I posted earlier, I suggest you contact the council, confirm your address for correspondence and ask when the PCN will be registered by them.
Have you read the procedure posted a few days ago?
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No reasons are needed on an in-time Witness Statement submission, just the box ticking for 'PCN not received'
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We will request the council to send original PCN as not received.
No, this is not an option for them.
They must register the PCN with the Traffic Enforcement Centre and then they may issue an Order for Recovery which encloses the Witness Statement.
And what's with 'we'. Only the registered keeper may act in this matter. Are you the RK?
yes i am the registred keeper.
address on V5C is my current address. how I miss two letter, might be delivered to wrong address but will fill this on witness statement.
so what should i do now, wait for them to register PCN with TEC?
Regards,
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We will request the council to send original PCN as not received.
No, this is not an option for them.
They must register the PCN with the Traffic Enforcement Centre and then they may issue an Order for Recovery which encloses the Witness Statement.
And what's with 'we'. Only the registered keeper may act in this matter. Are you the RK?
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Colour of car is irrelevant, it is not a mandatory item of information on the PCN.
All statutory documents are sent by 1st Class post and the regulations do not demand any other postal option. PCNs and CCs do go astray, but it is unusual to miss two of them.
Is the address on their letter correct and the same as the one on the V5C for your car ?
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Obs period is not a grace period.
You parked, obs started when CEO arrived which it's reasonable to assume was after you parked otherwise you'd have seen them therefore trying to deduce the obs period from times of photos is pointless IMO.
When you returned you did not explain or communicate with the CEO but instead drove away, hence the photos.
If you are the registered keeper then once the penalty is registered at the Traffic Enforcement Centre (as referred to in the letter) you would be entitled to submit a witness statement to them on the grounds that you did not receive the NTO. The matter would then be reset to the PCN stage.
Only you know whether this notice was received and whether you could legitimately sign a statement of truth to this effect. But this decision is yours alone.
I suggest you contact the council, confirm your address for correspondence and ask when the PCN will be registered by them.
We will request the council to send original PCN as not received.
We request CEO to not issue Notice as moving car and was there for a minute but he took his device to start printing PCN and we drove away.
Our car colour was stated wrong, can this be raised in any way?
I will submit Statement of witness, the letter I received was not recorded delivery or sign for, possibility PCN/CC to lost in post.
Thanks
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I suppose you'll only see what evidence the council have omitted if the case goes to tribunal. there's been several cases on here (PPP) that have been won on the fact the council didn't supply evidence (photo) of the signage.
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Obs period is not a grace period.
You parked, obs started when CEO arrived which it's reasonable to assume was after you parked otherwise you'd have seen them therefore trying to deduce the obs period from times of photos is pointless IMO.
When you returned you did not explain or communicate with the CEO but instead drove away, hence the photos.
If you are the registered keeper then once the penalty is registered at the Traffic Enforcement Centre (as referred to in the letter) you would be entitled to submit a witness statement to them on the grounds that you did not receive the NTO. The matter would then be reset to the PCN stage.
Only you know whether this notice was received and whether you could legitimately sign a statement of truth to this effect. But this decision is yours alone.
I suggest you contact the council, confirm your address for correspondence and ask when the PCN will be registered by them.
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Address on V5 is correct,
PCN and CC is not received as not sign for or registered mail.
Peterborough council say for contravention 01, waiting time is 5 minutes, time stamps on photo show, enforcement agent wait less than 5 minutes,
PCN was issued when car was moved away.
Can I request original PCN from council now?
Or
Appeal to mention above?
The car colour is wrong mentioned?
What will be course of action plz.
Regards
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It's a pity they don't show a photo of the sign on the post. :) if you get my gist.
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You have only posted the enforcement agent documents. W
No, it's a letter from the council warning of debt registration.
Yes, you're right, I seem to be making too many mistakes tonight !
Only thing is the OP tells us the PCN and the CC were not received, so we have the statutory documents not received, where name and address is sourced from DVLA records for the V5C, yet this non-statutory letter has been received. Puzzling !
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You have only posted the enforcement agent documents. W
No, it's a letter from the council warning of debt registration.
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You have only posted the enforcement agent documents. What are missing are: -
- Penalty Charge Notice. - If you drove off before the CEO you saw could serve it to you or the car, you would have
been sent a postal PCN to the address on the V5C Registration Certificate for the car
- Charge Certificate - sent if there is no response to the PCN (payment or representations)
- Order for Recovery - sent after there has been no response to the Charge Certificate, and when the council register
the debt at the Traffic Enforcement Centre
All the above documents are sent to the name and address on the V5C Registration Certificate for the car.
So the main question is - is the address on your V5C correct ? As Stamfordman says, the last update of your V5C was in May 2019, over five years ago.
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Are the name and address on the letter you have correct?
You are missing two letters - a PCN (probable if you drove away and a PCN not served), and a charge certificate.
Date of last logbook change is 2 May 2019 so address not changed for some time.
Any problems with post?
Not getting the PCN/NTO gives an automatic way to get this reset.
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Hope below will be working now,
(https://i.imgur.com/JRfVfWh.jpeg)
(https://i.imgur.com/qRQo8b5.jpeg)
(https://i.imgur.com/Tf39gMS.jpeg)
Thanks
https://imgur.com/GLDAZ4A
https://imgur.com/f8oeain
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Your dropbox links don't work. The photo appears then disappears and I get an error screen.
Error
Something went wrong. Don’t worry, your files are still safe and the Dropbox team has been notified. Check our Status Page to see if there is a known incident, our help centre and forums for help, or go back to home.
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Location address
https://maps.app.goo.gl/zEKuDmia9GURgDEc9
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Dear Moderators,
Received below PCN for parking on Double yellow line (only for a minute).
short story, was picking medicine and parked for a minute and when saw someone looking into my car, I returned back and removed car. PCN was issued when I moved out so not stick to windscreen, Even photos where taken when I was moving,
1. Received letter that NTO and CC already issued, while i received nothing.
2. Checked PCN on provided link from council where car colour is mentioned "BROWN" instead of RED.
Haven't contacted Council yet.
Could you please shed some light on below?
let me know if links not working or any questions please.
Regards,
https://www.dropbox.com/scl/fi/2tq0kteekv0rfvqohx4br/PCN-1.jpg?rlkey=vpkpaijn2th8gkxhybbpi82wk&st=hmwmocqi&dl=0
https://www.dropbox.com/scl/fi/nkqjea7t0sb1mg3ygnrpo/PCN-2.jpg?rlkey=w50vvz4u5lxjpzvbzxn4xxaf1&st=dyys4kkr&dl=0
https://www.dropbox.com/scl/fi/k7iwd31wga4kdrzfcindv/PCN-3-edit.jpg?rlkey=zzrbxix9e5pkm7cojtm4l1905&st=fbttca2t&dl=0