Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Mylifestory on September 08, 2025, 06:55:35 pm

Title: Re: Council PCN fake evidence
Post by: H C Andersen on November 25, 2025, 01:46:32 pm
Well done. Pl post what you received.
Title: Re: Council PCN fake evidence
Post by: Mylifestory on November 25, 2025, 11:42:20 am
FYI I appealed it to the adjudicator. Got a reply within a few days - cancelled and an apology!
Title: Re: Council PCN fake evidence
Post by: Mylifestory on October 15, 2025, 11:13:14 am
Thanks.

Their arrogance is matched by their ignorance. To them 'team spirit' must mean that the CEO and council must be supported whether right or wrong. So much for objectivity and compliance with the law.

Anyway, presumably you want to make formal reps and not to be seduced by their offer?

Yes. Pls enlighten me on how I can improve what I wrote last time :-)
Title: Re: Council PCN fake evidence
Post by: H C Andersen on October 14, 2025, 03:12:39 pm
Thanks.

Their arrogance is matched by their ignorance. To them 'team spirit' must mean that the CEO and council must be supported whether right or wrong. So much for objectivity and compliance with the law.

Anyway, presumably you want to make formal reps and not to be seduced by their offer?
Title: Re: Council PCN fake evidence
Post by: Mylifestory on October 14, 2025, 02:30:30 pm
This was my original reply to them :

The sign shown in the parking officer's photographic evidence is not directly relevant to where I was parked. It is relating to outside 76 Lodge Road which is almost 3 miles away / a 30 minute walk from my location. There is no signage whatsoever to cover any restrictions at the spot where I was parked, not strictly on London Road anyway as it is a layby for residents to park on and doesn't have any restrictions like London Rd itself, which is always a clearway. Note, from my photos, all the cars adjacent to mine were also ticketed. The only signs present are relating to speed limits. Please see my own photos attached. I have included photos of all the lamp posts in the vicinity, no signs present. On this bases I believe I have grounds to appeal the PCN as a procedural impropriety on behalf of the council, and is in fact malfeasance on the part of the person who issued the ticket using a photo of a sign 2 miles away!
Title: Re: Council PCN fake evidence
Post by: RichardW on October 12, 2025, 10:31:13 am
Their TRO is very specific, and if you measure off Google Maps, it covers exactly the laybay adjacent to where you parked, but not the area you parked in - so 'The contravention didn't occur' would seem appropriate.  HCA may advise differently based on the process so far....

Be nice if they accepted, but if they don't they will look pretty foolish at the tribunal!
Title: Re: Council PCN fake evidence
Post by: H C Andersen on October 11, 2025, 02:37:57 pm
Pl post your reps. Host externally and then post links as requested in the READ ME FIRST section on page 1 of the forum page. 
Title: Re: Council PCN fake evidence
Post by: Mylifestory on October 11, 2025, 01:07:07 pm
NTO received now, do i send the same thing again, and which grounds should i tick?
Thanks!

(https://i.ibb.co/5XN3BfQ7/dfb22918-3a17-427b-8b65-65f7c88461a7-1.jpg) (https://ibb.co/tw768W0d)


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(https://i.ibb.co/q3thM4CT/2318992b-545d-4764-8328-8aee62286f66.jpg) (https://ibb.co/zTyChLFq)

Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 24, 2025, 07:20:27 pm

oops. sorry its all upside down, dont know how that happened!?
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 24, 2025, 07:19:47 pm

I got this reply from them today, they're upholding it despite me sending them all the evidence of their photo being 2 miles away & malfeasance accusation!


(https://i.ibb.co/chVfHCnM/18893b01-c869-41c9-b507-0abb9ef72da4.jpg) (https://ibb.co/gZhqpPKH)



(https://i.ibb.co/fYVBNV1c/f621de3e-20cc-4ea7-9b25-dea63f70745c.jpg) (https://ibb.co/zhWj2Wnk)




(https://i.ibb.co/9HFNdFPY/9e045184-a363-43ef-8c93-a619a0909661.jpg) (https://ibb.co/VY7tk76B)
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 16, 2025, 04:17:14 pm

Thank you Dannyno, you're hilarious finding this! I will report back on any reply .....
Title: Re: Council PCN fake evidence
Post by: dannyno on September 15, 2025, 11:58:53 pm
I thought this one might prove a bit tricky, but I'm pretty sure it's this sign, just a little further up Lodge Road:

https://www.google.co.uk/maps/place/Lodge+Rd,+Writtle,+Chelmsford/@51.7267778,0.4256591,3a,85.6y,322.02h,84.7t/data=!3m7!1e1!3m5!1s8vyn922Gp6AGBoFsQNSAKw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D5.302436641924686%26panoid%3D8vyn922Gp6AGBoFsQNSAKw%26yaw%3D322.01892686194924!7i16384!8i8192!4m6!3m5!1s0x47d8eb0162fd299d:0xc4b98094ffdf5ce9!8m2!3d51.7269955!4d0.4208103!16s%2Fg%2F1tff294b?entry=ttu&g_ep=EgoyMDI1MDkxMC4wIKXMDSoASAFQAw%3D%3D

Dan
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 15, 2025, 01:09:33 pm
(https://i.ibb.co/sJmQpMHm/ex2.jpg)

I tracked this location down, it was actually taken at 76 Lodge Road:

https://maps.app.goo.gl/57gJcd1MFizV6j4t7 (2024 GSV)

According to GSV, that's about a 30 minute walk from the Indian Night restaurant.

It relates to restrictions around a "Radio 2 In the Park" event in nearby Hylands Park:

https://writtle-pc.gov.uk/wp-content/uploads/2025/08/1_Hasmadedoc-V1.pdf

Both Lodge Road and London Road are named in that. If OP saw no signs, perhaps there were none and the enforcement officer used the one half an hour away!


Dan

Excellent work finding that location! I saw yr public notice link bt that's online, not actually out in public for ppl to read?

The car next to me also received a PCN with a completely different sign attached - any idea where this random hedge is as it was nowhere near where we were all parked, or is it too much of a tricky one? Thanks!

(https://i.ibb.co/HDsgpBtn/Whats-App-Image-2025-09-08-at-14-34-38.jpg) (https://ibb.co/3yqhY4pB)
Title: Re: Council PCN fake evidence
Post by: Incandescent on September 10, 2025, 12:10:43 am
It's certainly fake evidence, and could be construed as malfeasance.
Title: Re: Council PCN fake evidence
Post by: dannyno on September 10, 2025, 12:07:17 am
Wouldn't have thought you'd find it pasted up anywhere, no.

Dan
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 09, 2025, 11:14:56 pm
(https://i.ibb.co/sJmQpMHm/ex2.jpg)

I tracked this location down, it was actually taken at 76 Lodge Road:

https://maps.app.goo.gl/57gJcd1MFizV6j4t7 (2024 GSV)

According to GSV, that's about a 30 minute walk from the Indian Night restaurant.

It relates to restrictions around a "Radio 2 In the Park" event in nearby Hylands Park:

https://writtle-pc.gov.uk/wp-content/uploads/2025/08/1_Hasmadedoc-V1.pdf

Both Lodge Road and London Road are named in that. If OP saw no signs, perhaps there were none and the enforcement officer used the one half an hour away!


Dan

Excellent work finding that location! I saw yr public notice link bt that's online, not actually out in public for ppl to read?
Title: Re: Council PCN fake evidence
Post by: H C Andersen on September 09, 2025, 10:00:20 pm
The OP wants to include this sign, not reject it, because it supports their argument!

Title: Re: Council PCN fake evidence
Post by: dannyno on September 09, 2025, 08:08:09 pm
(https://i.ibb.co/sJmQpMHm/ex2.jpg)

I tracked this location down, it was actually taken at 76 Lodge Road:

https://maps.app.goo.gl/57gJcd1MFizV6j4t7 (2024 GSV)

According to GSV, that's about a 30 minute walk from the Indian Night restaurant.

It relates to restrictions around a "Radio 2 In the Park" event in nearby Hylands Park:

https://writtle-pc.gov.uk/wp-content/uploads/2025/08/1_Hasmadedoc-V1.pdf

Both Lodge Road and London Road are named in that. If OP saw no signs, perhaps there were none and the enforcement officer used the one half an hour away!


Dan
Title: Re: Council PCN fake evidence
Post by: Incandescent on September 09, 2025, 12:26:20 pm
+1

The "apparatchik" who reads this in their enforcement office will know absolutely nothing whatsoever about the law on red routes and clearways, so you'll inevitably get a refusal, but the reply will be even further damning making a win at adjudication a certainty. On the other hand, they may cancel !
Title: Re: Council PCN fake evidence
Post by: H C Andersen on September 09, 2025, 10:45:15 am
OP, let's park the conspiracy theories pl: as regards local government, when given the choice between c**k-up and conspiracy, put your money on c**k-up!

See this:  https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf

So, three types of clearway, only one of which applies to verges, if indeed this was your contravention.

Dear Sir,
PCN *******
My grounds of representation are that the contravention did not occur and these are borne out by the PCN and the authority's own photographic evidence.

The stated PCN contravention is 'Stopped where prohibited (on a red route or clearway).'

In order to substantiate this allegation, the CEO would have to believe that my vehicle was 'stopped', as defined and which is NOT synonymous with waiting, and was so in a length of road subject to a red route or clearway prohibition.

Of the authority's 5 photos, 4 show my car stationary and therefore prima facie 'stopped'. However, none of the other photos shows any evidence of a 'red route'. As regards whether I was 'stopped on a clearway', none of the authority's photos shows my car on a carriageway subject to a 'clearway' prohibition and as the authority should know stopping on the verge of a 'clearway' is not a contravention in any event.

I now refer to the fifth of the photos, namely a sign indicating a 'waiting' restriction whose evidential value I am at a loss to understand given that 'waiting' is not the alleged contravention and a 'no waiting sign' cannot be used to create a 'no stopping' prohibition.

I think it's clear that the CEO has made a mistake as the alleged contravention did not occur the PCN must be cancelled.
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 09, 2025, 10:23:31 am
Their evidence sign was nowhere on that rd. Another person who also got a ticket went and checked today, the lamp posts are very fat and nothing like the 1 this sign is on. None of us were on the road as you can never park there, it's a major highway. This area is very raised off it and a daily parking area, pic as below. I also believe it is total nonsense as you say, just need to know how to word it

(https://i.ibb.co/Y4NhCh07/IMG-20250909-WA0014.jpg) (https://ibb.co/6cyFMFXR)
Title: Re: Council PCN fake evidence
Post by: Incandescent on September 09, 2025, 12:49:57 am
The sign has the look of a temporary parking restriction where there is normally no restriction, so needs a traffic order. It is not a parking suspension sign. So where is this sign in relation to the location of your car ? GSV links will help.
The other thing is that I'm not sure if a red-route/clearway contravention can be enforced off the carriageway. Hopefully somebody on here can say whether I'm rignt or wrong.

We seldom see non-London PCNs and the councils tend to be much more dozy even than London councils ! So I wouldn't be surprised if this PCN is total nonsense.
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 08, 2025, 10:22:08 pm
It's very green in your pic bt it's more gravelly now and the cars all park towards the big road in front. The houses you can see all park there. See my pic above that shows the back of my car.
Title: Re: Council PCN fake evidence
Post by: stamfordman on September 08, 2025, 10:04:40 pm
Here? Looks like a stretch of degraded verge.

(https://i.imgur.com/LWY35M3.png)
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 08, 2025, 09:02:49 pm
There are no red routes there. It's not a clearway either, it's a road for people who live there to park on. No signs at all. Their pic isn't a mistake, they ticketed every car along there and the next road, the car adjacent to mine was sent a completely different sigh saying no parking 8am- 6pm mon- Fri which isn't from anywhere near there either! I checked thoroughly for any signs at the time.

Just wondering how to word the response?
Title: Re: Council PCN fake evidence
Post by: stamfordman on September 08, 2025, 07:44:22 pm
The contravention is stopped on a red route or clearway - clearway looks more likely from your Maps link. Is there any signage.

The sign pic looks like they've included it by mistake.

(https://i.ibb.co/v6NYb6pV/ex1.jpg)
(https://i.ibb.co/Qj9GCdN0/ex4.jpg)
(https://i.ibb.co/B5nmw3Ht/ex3.jpg)
(https://i.ibb.co/sJmQpMHm/ex2.jpg)
Title: Re: Council PCN fake evidence
Post by: Mylifestory on September 08, 2025, 07:24:37 pm

This is the actual location, there is a white building on the left and the location rotate slightly to the right and see the row of houses in my previous photo.

https://www.google.com/local/place/fid/0x47d8ea361aa8deef:0xdddb1545110235f1/photosphere?iu=https://streetviewpixels-pa.googleapis.com/v1/thumbnail?panoid%3DweBGXkZh1k_lwBL_zCtLgw%26cb_client%3Dsearch.gws-prod.gps%26yaw%3D273.04535%26pitch%3D0%26thumbfov%3D100%26w%3D0%26h%3D0&ik=CAISFndlQkdYa1poMWtfbHdCTF96Q3RMZ3c%3D&sa=X&ved=2ahUKEwinmpa3msmPAxWTbEEAHafKGIgQpx96BAgZEBI


The location they have taken a photo of is nowhere near, I have no idea where it is. There is no more parking for miles to the right and on the left its near a roundabout so anything past that would be a different road.

Back of PCN :

(https://i.ibb.co/XmwSy3q/51a532e1-18bf-4036-b0c6-8766aefd10f1.jpg) (https://ibb.co/Gghcstq)

Title: Re: Council PCN fake evidence
Post by: John U.K. on September 08, 2025, 07:10:21 pm
For convenience:
(https://i.ibb.co/nsWYjCCr/78d2e5b9-db7f-4fad-9464-1b530fb7ef7f.jpg) (https://ibb.co/kgdwX11K)

(https://i.ibb.co/N2bN4P5X/7c16b7a3-283c-4a0e-baf1-132969402509-1.jpg) (https://ibb.co/s9z1BGnh)

(https://i.ibb.co/wFvWhWqj/Whats-App-Image-2025-09-08-at-14-03-46.jpg) (https://ibb.co/bMfB5BVD)

Please also post the back of the PCN and GSV links to the actual location and the alleged location.

(For future reference, scroll down past each image to find the BBCode, highlight and copy then paste in your post here.)
Title: Council PCN fake evidence
Post by: Mylifestory on September 08, 2025, 06:55:35 pm
Copy of PCN attached.
Also a photo of the street I was parked in.
Their photo evidence of the parking suspension isnt where I parked, its a completely different place, you can see the houses behind the sign are not the houses on the road where I parked. There was no signs at all where I parked, i checked thoroughly.
(I know a few people parked in the next road where there were no signs either and the prohibition cones were put there after to produce PCNs!)   
How do I tackle this pls?

https://ibb.co/kgdwX11K



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