Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aubama on September 18, 2023, 07:17:32 am
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I can't see any obvious grounds, I can only suggest that you write to the council explaining that you didn't find the PCN on the car, and asking them to reinstate the discount. If you're really lucky they might mess up the response.
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Here is the rest of the NTO, thanks
(https://i.ibb.co/pWWwpTK/Whats-App-Image-2023-09-27-at-22-25-08.jpg) (https://ibb.co/HNN4QyP)
(https://i.ibb.co/Lx369BQ/Whats-App-Image-2023-09-27-at-22-25-19.jpg) (https://ibb.co/T4sRPJK)
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If the PCN was on the car, it doesn't matter whether you found it or not (otherwise everyone could just claim they never found the PCN on the car). The only exception would be if the CEO himself removed it after taking the photos, but you'd need concrete proof like video footage (and we have no reason to suspect the CEO of removing the PCN).
I suggest you post the remaining pages of the NTO so that we can have a look. One thing is obvious: you might as well challenge the notice because at this point as long as no deadlines are missed the penalty amount can only go down, it cannot go up, so there would be no point in paying now.
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Have you posted all of the NtO, because I don't see the statutory grounds for an appeal on there ? Getting this wrong has won quite a few cases recently
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Yes you're correct..there are photos of the car with yellow envelope. Although this wasn't the case when getting back to the car.
I have never parked there before, but because it was late evening, single yellow line and other cars were parked there I had assumed it would be fine.
What should I be doing to launch an appeal?
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Although photos are not a legal requirement, most councils get their CEOs to take them to back up the evidence in the CEO's notes. So you should look in their website quoting the PCN Number to see if there are any. I would expect to see a photo of the yellow envelope containing the PCN on the car windscreen.
By not finding the PCN on the car, you have, essentially, been denied the opportunity to pay the discounted amount, so any reps you send in should mention this. CP8759 may come up with something else. If their response reinstates the discount you have a decision to take; pay-up at the discount, or risk the full PC penalty at the adjudicators.
BTW, the restriction used to end at 6.30 pm. See GSV view of November 2020
https://maps.app.goo.gl/58tiDaUSsja29fZ69
Did you used to park there then, and just assumed the times were the same today ?
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Hi, there was no pcn on the car..it was just the letter that I received so there has been no challenge. It was a single yellow line and a few hours past 6, so I assumed it would be fine.
I live a fair distance from the location, would it be ok if I try finding the sinage on google maps?
But agree, please could I get assistance with the appeal?
Thank you in advance
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Well we know the back of the sign is there:
(https://i.imgur.com/B7JmJPC.png)
Did you find the PCN on your car and if so, did you challenge it?
Did you simply assume that it was late and parking was allowed?
The only real angle is if you could go check the front of the sign to confirm the restricted hours are still the same and are clearly visible. On the other hand the PCN is at the full rate so there's no point in paying now, we might as well challenge with something.
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apologies, it was a mistake..the time is 21:19
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So here is the entrance to Horseleydown Lane from the direction you entered: -
https://www.google.com/maps/@51.5027646,-0.0767925,3a,75y,8h,87.78t/data=!3m6!1e1!3m4!1sM5OGwKqyXiSVrppSVCrGzw!2e0!7i16384!8i8192?authuser=0&entry=ttu
Presumably you failed to notice the CPZ sign. The hours on it are the single-yellow line restricted times. However, you've blanked-out the contravention time on the PCN, so we cannot compare it to the CPZ times. So why did you do this ?
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the pcn number is: JK10593711, reg plate: VE70VWD. We came from the A200 end.
Thank you
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Give us the PCN number and the number plate please. Also please tell us exactly what route you took to get onto Horselydown Lane, either from Tower Bridge Road or from the A200.
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Hi there,
I have just received a ticket for an alleged contravention on Horselydown Lane. The alleged contravention is for 21:19 and for parking on a single yellow line. If there is any other information needed please let me know, I would like to appeal this allegation.
Thanks in advance
(https://i.ibb.co/R4f1VzS/Whats-App-Image-2023-09-14-at-19-22-44.jpg) (http://"https://ibb.co/Z153kWJ")
(https://i.ibb.co/JvD0LM7/Whats-App-Image-2023-09-14-at-19-22-55.jpg) (http://"https://ibb.co/y6HGTby")