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Messages - Tod

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1
Thank you @tincombe, really appreciate you taking the time to put all of this together. It makes much more sense to me now.
@stamfordman 😂 with the belt, braces, suit and shoe shine I think I'm ready for the adjudicator now!

2
Thanks, that makes sense. I'll opt for a telephone or online hearing so I can give the adjudicator my account directly.
There was certainly nothing that I did to prevent the CEO serving the PCN, so I'll make that clear at the hearing.

3
When I returned to the car the CEO was already there and we spoke face to face. I tried to reason with him rather than argue. I remember saying something along the lines of “come on, we're human beings, you saw me coming back”, because he was taking the photographs while I was standing there.
I explained that I had only gone around the corner briefly to check the Post Office opening hours. I had misunderstood the signage: I could see “Electric Vehicles Only”, and another sign referred to Mon–Fri, while this was Saturday. I genuinely thought I could park the EV there and then connect it to charge when I returned.
He explained that I needed to be actively charging. I said that I was going to charge, opened the car, got my cable out and began connecting it. He continued taking photographs while I was doing this.
I did not argue aggressively, obstruct him, prevent him approaching the vehicle, or prevent him attaching anything to the car. As far as I recall, he never offered or attempted to hand me a PCN either. He simply told me that it would be sent by post and that I could challenge it.
I remained there with the vehicle and continued connecting the cable. The CEO and his colleague then left while the car was still there. My own photographs taken at 13:17 show the car and cable connected to the charging point.

4
The Authority has now uploaded its full evidence pack to the Tribunal. The two links above are the newly provided Authority's case summary.
They have also supplied the full Traffic Regulation Order, which is a very long PDF. I haven't posted it here because of the size, but I have it and can provide any relevant pages/details if useful.
I now have 7 days to review and respond to the Authority's evidence before choosing how I want the appeal determined. I'd appreciate any thoughts on their case summary and, in particular, their position that “the circumstances encountered prevented the PCN from being served in the normal manner.

https://ibb.co/2Y359Xj1
https://ibb.co/N6CDhp8g

5
The council has now decided to contest the appeal and has uploaded its evidence. I've attached the CEO's Ticket History/notes, which I hadn't seen before.
The relevant entry says:
“The driver returned after PCN has been issued… he still didn't accept the PCN so I advised him that the PCN will be posted to him.”
Their photographs already posted earlier show the vehicle and me still there at 13:15, while the PCN gives the contravention time as 13:10.
What strikes me is that the CEO's notes don't say that I drove away. They say instead that I “didn't accept the PCN” and that the CEO advised me it would be posted.
The Notice of Rejection subsequently said the CEO was “prevented” from serving it.
I now have 7 days to respond to the authority's evidence. Does this strengthen the Regulation 10 / procedural impropriety argument, and is there anything in the CEO's notes that I should specifically address at adjudication?

https://ibb.co/FbQQCkwf
https://ibb.co/LDrr6jHx

6
I've checked the metadata on my photographs. They were taken at 13:17:43, approximately 2–3 minutes after the CEO's photographs taken at 13:15.
They show the charging cable connected between the vehicle and the charging point. I had never used that charger before, did not have the required app and was unable to start the charging session before I had to leave for a retreat.
My point is not that I completed a charging session, but that I remained at the location after speaking with the CEO. The CEO took his photographs, made no attempt to hand me a PCN, then left with his colleague. I remained there attempting to start charging before eventually leaving.
https://ibb.co/hFgGMKMp
https://ibb.co/4g5c2357

7
I've now received the Notice of Rejection. One thing I noticed is that the original postal PCN relied on the vehicle being driven away before service, whereas the rejection now simply says the CEO was 'prevented' from serving it. They still don't explain how, and they haven't supplied the CEO notes. Is that significant?


https://ibb.co/0R1BDxwS
https://ibb.co/60qBCwXj
https://ibb.co/BVRCjP35
https://ibb.co/vCcL3PVn

8
Just to update the thread, I have now submitted my appeal.
Thank you all for your help, particularly @stamfordman, @tincombe and @Incandescent.
The appeal has been accepted by London Tribunals and a Teams hearing has been listed for 1 February 2027.
I'll update the thread once the adjudicator has reached a decision.

9
Many thanks for all your help so far.
I've drafted my tribunal appeal based on your advice. Before I submit it, would you mind having a quick look to see if there's anything you would change or add?

Ground of Appeal: Procedural Impropriety

I rely on the following grounds.

1. The PCN does not state the time of contravention.

The PCN states the date of the alleged contravention but does not state the time of contravention as a mandatory item on the notice itself.

In its Notice of Rejection, the authority contends that the timestamp shown on the accompanying photograph satisfies this requirement. I do not agree.

A photograph is not a mandatory component of a Penalty Charge Notice and cannot be used to supply information which the legislation requires the PCN itself to state. The authority has therefore failed to comply with the statutory requirements.

2. The authority has failed properly to address the issue of service.

I explained in my representations that I returned to my vehicle, had a conversation with the Civil Enforcement Officer and that at no stage did the CEO attempt to serve a PCN on me or affix one to my vehicle.

The Notice of Rejection merely repeats the statutory wording that the vehicle was driven away before service could be effected. It does not address my account or explain how I prevented service.

I respectfully submit that the authority has failed properly to consider my representations on this point.

3. Signage (if appropriate).

If the authority relies upon the particular signing of this bay, I invite it to produce the relevant Traffic Management Order and any authorisation relied upon in support of the signage, as questions have been raised regarding whether the bay is correctly signed and authorised.

For the above reasons I respectfully ask the Adjudicator to allow the appeal.

10
These were my representations:

"I am challenging the PCN on two grounds.

1. Procedural impropriety - the PCN is not compliant as it does not state the time of contravention, only the date. The time is a mandatory item under the legislation.

2. Procedural impropriety - at no point did I prevent service of the PCN either to me or on my car. I had a conversation with the CEO in which I said I had just completed a drop-off as an Uber driver and he advised me it would be better to wait on yellow lines.

I request that the PCN be cancelled."

11
I've now received the Notice of Rejection.

They state that the timestamp on the photograph forms part of the PCN, so they consider the time of contravention to be shown.

They also maintain that the CEO had begun preparing the PCN and that the vehicle was driven away before it could be served.

I've attached the Notice of Rejection. I'd be grateful for your views on whether it's worth taking this to the tribunal.

https://ibb.co/4n0w549k
https://ibb.co/93ndPK7H
https://ibb.co/R4jrKfgQ
https://ibb.co/prb4v8vZ
https://ibb.co/YBJ6mLTz
https://ibb.co/zHRBRbB3
https://ibb.co/CpXTzwKm

12
Hi all, will appreciate any advice.
I have received a postal PCN from Thurrock. The allegation is parking in an EV charging bay without charging. I spoke directly to the CEO. The PCN states the vehicle was driven away before service, but I remained at the location and subsequently connected the vehicle to the charger. The CEO photographed the vehicle at 13:15. The driver's door and boot are open, I am present at the vehicle, and shortly afterwards I connected the vehicle to the charger as shown in my photographs. Before making representations I intend to request the CEO notes and TRO. Any observations welcome.

https://ibb.co/WS0F8mV
https://ibb.co/wrQ95pwp
https://ibb.co/rKLgD07t
https://ibb.co/rKLgD07t
https://ibb.co/4wDhHK5m
https://ibb.co/hFgGMKMp
https://ibb.co/4g5c2357

13
Thank you. I found the evidence tab and can now see the photographs.

There are seven photos in total. One is timestamped 18:26 and the remaining six are timestamped 18:27.

What would you suggest as the next step?

14
As far as I can see, the PCN itself only states the date of the alleged contravention (05/06/2026).

I cannot see any field on the PCN stating the time of contravention.

The only time I can find is the timestamp shown on the photograph, For some reason I can't see any photographs at all on the City of London portal, either in Chrome or Safari. How are you able to see the seven photos and their timestamps? Is there a link or section of the portal that I'm missing?

15
Thank you @stamfordman.

I certainly did not make any attempt to evade service of a PCN.

As I explained above, when I returned to the vehicle the CEO was already there taking photographs. I explained that I had just completed a drop-off and had only been away from the vehicle for around 30 seconds.

I also asked him if he had seen my hazard lights on, which he confirmed. He said I could have stopped on the yellow line instead. I replied, "Thanks, next time I will know", and that was the extent of the conversation.

There was no argument, no confrontation and no attempt whatsoever to hand me a PCN or place one on the vehicle. I then continued with my work and left.

To be honest, I was quite surprised when the postal PCN arrived.

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