Appealing a Council PCN for parking

[james robertson]

Hi,

Is there any duty of disclosure on the council to disclose all their evidence, so that the driver can make a sensible decision on whether to appeal or not. I have appealed on the evidence supplied, only for the council to introduce new unknown evidence after my decision to appeal.

Surely this is not fair, how can I decide to appeal or not if I'm not in possession of all the information. I know there is a duty on criminal/civil court cases but what about traffic tribunals? They are quasi-judicial.

[michael]

Re: Appealing a Council PCN for parking

Much more detail needed before anyone can give pertinent advice

[james robertson]

Re: Appealing a Council PCN for parking

The only evidence provided by the council before appeal was 7 photographs timed within 2 minutes, there was no evidence to show their contention the vehicle was parked there any longer except their claim. after appealing - to lack of evidence, they came up with different evidence to support their claim.

My point is shouldn't they have to disclose all evidence up front; otherwise how can I make a decision to appeal or not? wasting time and effort on all sides.

Does that answer your question?

[michael]

Re: Appealing a Council PCN for parking

I'm guessing this was 'Parked longer than permitted' in which case the CEO observed your car and noted the position of the wheel valves in his notebook, which were in the same postion when he returned after the permitted time., thus he issued the PCN in the belief that the vehicle had not moved.

He then took photos. CEO notes are not normally disclosed until appealing to the adjudicator.

shouldn't they have to disclose all evidence up front; otherwise how can I make a decision to appeal or not? wasting time and effort on all sides.

Only you know whether you were parked longer than permitted

[james robertson]

Re: Appealing a Council PCN for parking

So they are allowed to withhold evidence..... I never said I was over the time limit or not I just said there was no evidence, which there wasn't (disclosed)
it makes no difference to me I still have to pay the penalty and it's the same penalty as before Appealing, but it's just a waste of time and effort caused by this.

but thanks anyway.