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Messages - Justicenow

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1
It was submitted on 31 January, so it’s within the 56 days.

2
No, I’m not challenging this evidence. I remembered mistakenly that I was already in the car started to move away.
I accept my responsibility. Would the same procedure with the charge certificate and order for recovery still followed after this stage of review?

Thank you again

3
Thank you for all the advice and explanations. Very much appreciate all your help.

4
OK, understood, so it does appear that I am skating on a very thin ice here. 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. He might say that I  prevented him from giving me the PCN when he tried to put it on my moving car.  Will definitely avoid this kind of traps in future, it will be a very good lesson to learn (and potentially expensive). Thank you for the explanations.

5
Thank you for this advice. I appreciate it very much and understand that for the PCN to be considered served in person at the spot, it should have been attached on a stationary car and stay on it. But as it wasn’t the council should have posted the PCN to my address before issuing the NTO. The CEO should not throw himself on a moving vehicle risking an injury. I submit my appeal as suggested on the basis that the PCN wasn’t served properly. Let’s see what the council will respond with.

 However, @H C Andersen, in your comment you are asking if my car was parked less than 50 cm to the dropped kerb in a special enforcement area? And if it was then it’s a contravention? There are no signs there to say it’s a special enforcement area, shouldn’t it be clearly signposted? 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.

6
@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.

Thank you for looking into the details. I did see the CEO when I returned to my car, after being parked there only for a couple of minutes. I started to move the car from that spot while the officer was still preparing and printing the ticket. While I was moving the car, he tried to stick the envelope on my moving car’s windscreen but could not do that properly and I didn’t let him take a photo. I was confident that there was no contravention because there aren’t any signs there at all. I parked on the left side where there is no yellow line, but it is a dropped curb on both sides though. Previously, I spoke with other road users who had successfully appealed their parking tickets, being parked in that same spot, who shared with me that, apparently, because of the changes in the road layout and flower pot blocking it, the general rules do not apply (which might not be true). 

8
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.

@cp8759 @stamfordman
Hello again,
I’m following up on my earlier case. As you advised before, I followed the process to get to the stage of receiving the Notice to owner and want to get it right from here on. Please can you kindly advise how should I proceed further. I want to appeal the code 27 contravention as this road is not a functioning road and there are no signs or any lines/restrictions on the road and I know that other people successfully appealed this kind of contravention allegations and had the parking tickets cancelled. Please could you help further? Today, I received the NTO with the option to make an appeal. Thank you

9
Hello, following up again on my earlier post. Have finally got confirmed that debt registered, so I submitted the TE9 form. What next steps need to be followed after this? Need to make sure I don’t miss any important milestones. Thank you for advice

10
Yes, of course I will be following those steps exactly as it’s laid out in the guide. Thank you very much for this advice. I am also trying to get a good understanding whether there was a contravention in the first place, it’s seems very confusing (probably on purpose) thank you again.

11
Thank you,
The name and address are correct in the CC, however the line with the name is misaligned and printed over another line, which is the letter registration number or smth.
The car V5 is registered to myself, that’s right.
And, yes, I do wish to fight this unfair penalty. I believe that there was no contravention in the first place. The other motorists, who got a parking ticket at that same place successfully appealed on the basis that this is not an active road as it has been blocked by planters, hence the regular rules do not apply.
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?
The fact that they reduced the originally claimed amount straight away makes me think that they know it’s wrong but ask me to pay anyway, in case if I cave in to avoid the whole palaver.

Thank you very much for the info.

12
@cp8759
Hello, please can you advise kindly? I received a charge certificate from Bromley council for parking on Albemarle road, Beckenham in a part that is blocked with two flower pots,Google map location 51.40762° N, 0.00383° W. https://goo.gl/maps/b9uM5abfgGHuWSr66 Dropped pin. There are no signs or parking restrictions there. I didn’t get a PCN on my car on the day, nor a Notice to Owner through the post. The first communication about it was the charge certificate for £165 after the appeal time has passed. The supporting evidence PCN details on council website shows 2 photos of my car parked but no clear detail (block boxes not visible)and no PCN yellow ticket on the windscreen. After receiving the Charge Cert., I contacted the council through the online form and explained that I have never received no PCN nor Notice to Owner. They responded with a letter in post that I can’t appeal at this stage and have to pay, however they reduced the amount to £110 removing the charge cert surcharge (£55). The letter says I have 14 days to pay or else. I responded again to say there was no PCN, they once again sent me the same letter. I feel this is extremely unfair, first because there was no contravention, second - I have not received any comms about it before the charge certificate arrived. All the letters and photo evidence is
https://ibb.co/f9hbd77
https://ibb.co/t89FgXj
https://ibb.co/JksXfrQ
https://ibb.co/SvHrF72
https://ibb.co/5vnyqtD
https://ibb.co/rfhhqxy
https://ibb.co/BP4qJdK

Please can you advise what could I possibly do at this stage?
Thank you for your help.

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