Would the same procedure with the charge certificate and order for recovery still followed after this stage of review?No it does not, the council has 56 days to serve a response and if the response is a notice of rejection, you then have 28 days to pay the full penalty or appeal to the tribunal.
The CEO might have put in the notes that the PCN was served, as it says exactly that in the NTO letter that I received recently.
That part of the road is not a functioning carriageway anymore, at least in that little bit of the island, since they blocked it, would this regulation still apply here? Just curious to know. Thank you very much once again.As far as I'm aware any vehicle that isn't mechanically propelled (i.e. a bicycle, pedestrian operated vehicle) and any animal (horses, ponies) can still use that carriageway, and I'm sure an exempt motor vehicle can as well (such as a police motorcyclist). If it isn't a carriageway at all then you'd commit a different contravention of being parked on a part of a road other than a carriageway, which is also a statutory contravention.
No, that's not my point. Rather, the issue for me is that IMO you were clearly in contravention of one of two mutually exclusive statutory prohibitions i.e. if you were >50cm then this is a contravention in itself, and if you weren't then this is being 'parked adjacent to'.
If the matter is raised it is for the council to prove that the PCN was served, it is not for the motorist to prove that it wasn't, the standard of evidence is the balance of probabilities. At this stage I'm simply trying to establish what evidence Justicenow can give us.@Justicenow did you see the CEO? Or did you come back to your car and not see anything untoward at all?But photos of any kind are not a legal requirement, so the absence of a PCN yellow envelope is not definite proof of non-service.
If the matter is raised it is for the council to prove that the PCN was served, it is not for the motorist to prove that it wasn't, the standard of evidence is the balance of probabilities. At this stage I'm simply trying to establish what evidence Justicenow can give us.@Justicenow did you see the CEO? Or did you come back to your car and not see anything untoward at all?But photos of any kind are not a legal requirement, so the absence of a PCN yellow envelope is not definite proof of non-service.
Please to post up all sides of the NtO, redacting only yr name & address.
You can do nothing at all to fight the PCN until you have got the process reverted to the Notice to Owner stage. So from this point on you need to be proactive as per the info in the link posted by cp8759.
I never received the Notice to Owner, which I should have received before the CC, if I haven’t gotten the PCN. Is it fair to request the proof of issuing either of those?You can ask whatever you want, but you'd be wasting your time. If you want to fight this PCN, please follow the instructions in the guide. I wouldn't ask you to follow those steps if I thought there were an easier or quicker way to do this.
Please can you advise what could I possibly do at this stage?@Justicenow please read the guide here: https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/