No ticket on windscreen, is it legal?

[smileyculture]

Had a good morning winning a parking ticket for poor signage and arrived home to another. This one states, the CEO was preparing a PCN but the vehicle was driven away before the CEO had finished preparing the PCN or had served it in accordance with regulation 9.


It appears they can give out tickets in Westminster without having to prepare a ticket or place it on the vehicle.


Is this correct?

[mystery1]

Re: No ticket on windscreen, is it legal?

I believe so although i know very little about council parking tickets. With them it usually signage and small print that's key to evading them. Hopefully others might know something but you'd no doubt need scans of the ticket and pics of the parking/signs in order to help.

M1

[michael]

Re: No ticket on windscreen, is it legal?

Yes, drive-aways can be served by post. These are called Reg 10 PCN's.

[wales01man]

Re: No ticket on windscreen, is it legal?

Smiley how come you get these tickets or are you acting for others?

[teaboy2]

Re: No ticket on windscreen, is it legal?

wonder if they have proof that you drove away while the ticket was being made - Wouldn't put it past the Traffic warden (Or whatever they call them nowadays) to have wrote you car details in a note book prior to coming back to see if your car was there - only to fill in the ticket and claiming you drove away. Just so they can get their bonus for the tickets they issue.

[smileyculture]

Re: No ticket on windscreen, is it legal?

In reply to wales, I had the most wanted van in Westminster a few years back. My business was emergency plumbing and drainage, I followed the rules but there was and still is a culture of give tickets out and let the motorist contest them. They are playing a numbers game and we are the losers.


This PCN says regulation 9, so 10 cannot apply. The actual rules say that if a CEO issued it they have to place on screen, I think that if it were a police officer or a traffic warden, it might be different. I have sent it back as No PCN issued. With this one, it states they were preparing one, so I cannot see how that is anywhere near legal. These type of tickets should be illegal.




And for the record, as up till today, 100% win rate. If I ever get a legal ticket, its paid.

[smileyculture]

Re: No ticket on windscreen, is it legal?

Smiley how come you get these tickets or are you acting for others?

This is mine, I have helped others if I thought they were in the right. Todays one was in Hackney, this one is Westminster, which is in the top 3 worst boroughs for hitting the motorist.

[michael]

Re: No ticket on windscreen, is it legal?

This PCN says regulation 9, so 10 cannot apply. The actual rules say that if a CEO issued it they have to place on screen, I think that if it were a police officer or a traffic warden, it might be different. I have sent it back as No PCN issued. With this one, it states they were preparing one, so I cannot see how that is anywhere near legal. These type of tickets should be illegal.

A reg 9 PCN is one placed on the vehicle or handed to the driver:
9. Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—
(a)by fixing it to the vehicle; or
(b)giving it to the person appearing to him to be in charge of the vehicle.

A reg 10 is one served by post:
10.—(1) An enforcement authority may serve a penalty charge notice by post where—
(a)on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;
(b)a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or
(c)a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,

http://www.legislation.gov.uk/uksi/2...lation/10/made

They have lawfully served the PCN as per 10(c).

Be interested in their reply.

[smileyculture]

Re: No ticket on windscreen, is it legal?

Thanks Michael, interesting rule as they have not included that on PCN, so it should fail there straightaway?

[michael]

Re: No ticket on windscreen, is it legal?

Thanks Michael, interesting rule as they have not included that on PCN, so it should fail there straightaway?

Except that previously you said they had, which is pretty much 10c verbatim

This one states, the CEO was preparing a PCN but the vehicle was driven away before the CEO had finished preparing the PCN or had served it in accordance with regulation 9.

[smileyculture]

Re: No ticket on windscreen, is it legal?

exactly, it should have been served under regulation 10, which it clearly was not. the thing with a ticket like this , is it leaves it open to argue in many ways. I can only see this as another win.