London PCN

[CYNthesys]

Hi
I need some advice for a friend please

He received a PCN dated 31st May for unauthorised parking in Borough High Street, Southwark on23 April. His vehicle had a puncture, so he had no option but to pull in and change the wheel. He was obviously picked up on CCTV and received the fine via post over 5 weeks after the alleged offence. Shouldnt such a notice be issued within 28 days. On receipt he telephoned the enforcement authority, but they insisted that a 14 day notice would have been fixed to the windscreen, but my friend never left the vehicle, he just changed the wheel then carried on with his journey

Whats the best way for him to appeal this. Also his name has been misspelt to such a degree that I doubt there is anyone on this planet with that name, would this make any difference

[michael]

Re: London PCN

If the PCN is one issued by CCTV it will say so, something along the lines 'produced by an approved device' along with still photos and that would mean it couldn't possibly be fixed to the windscreen by a CEO.


Yes, it does have to be issued within 28 days (assuming he hasn't moved address recently and not informed DVLA)

Appeal on the grounds that the PCN has been served after 28 days and the flat tyre.

[CYNthesys]

Re: London PCN

Just noticed that the PCN says that the alleged offence was observed by a traffic enforcement officer, not CCTV as I originally believed. Would the same rules apply re issue of notice to be served within 28 days

[labman]

Re: London PCN

http://www.legalbeagles.info/forums/...rking-Offences

Have a read - the stat dec should do the trick.

[CYNthesys]

Re: London PCN

Forgot to mention that on receipt of the PCN my friend phoned the authority querying the issue of the ticket after 28 days. He was informed by the operative that a 14 day notice was issued at the roadside, and attached to the vans windscreen. This is untrue, my friend wasnt approached byanyone, he remained with the vehicle at all times, changed the wheel then went on his way.

I am drafting him a letter of appeal on the grounds of procedural impropriety, and wonder in the light of the above if I ought to include a "prove it" sentence, or keep that up my sleeve for later, and just go for the 28 day issue and the puncture

[michael]

Re: London PCN

Just noticed that the PCN says that the alleged offence was observed by a traffic enforcement officer, not CCTV as I originally believed. Would the same rules apply re issue of notice to be served within 28 days

When you say PCN are you sure you don't mean Notice to Owner. This would make more sense since the NTO cannot be sent till after 28days.

[CYNthesys]

Re: London PCN

help
Just phoned my friend, and asked him to read from the notice, it says Notice to Owner, not PCN, whats the difference please?

[labman]

Re: London PCN

A Notice to Owner is a document produced after the Council has contacted the DVLA to confirm the identity of the registered keeper of the vehicle. The NTO will then be sent to the registered keeper and confirm that the money is still owed. The registered keeper can then pay the amount owed, or they have the right to make formal representations contesting the Penalty Charge Notice. Details explaining how to make formal representations are supplied with the NTO.

http://www.patas.gov.uk/tmaadjudicat...icetoowner.htm

[michael]

Re: London PCN

Make formal representations as per instructions on the NTO.

The vehicle was prevented from moving by circumstances beyond the driver’s control due to the flat tyre. The wheel was changed and the vehicle was moved immediately this was completed. The vehicle was not left unattended at any time. At no time was the driver aware of a CEO and no PCN was found attached to the vehicle.

It would be useful if he could provide evidence that the tyre had been repaired or a new tyre purchased.

[CYNthesys]

Re: London PCN

The following day he took the punctured tyre to be repaired only to find that a nail was still embedded near the rim and was therefore irrepairable. He had to buy a new tyre and has the receipt as proof.

[CYNthesys]

Re: London PCN

Labman
On the link you provided it says that a notice to owner will be sent following the issue of a PCN, but there wasnt a PCN in the first place

[michael]

Re: London PCN

On the link you provided it says that a notice to owner will be sent following the issue of a PCN, but there wasnt a PCN in the first place

As far as the council are concerned a PCN was issued. No payment or representations were received and therefore after 28 days an NTO was issued.

I wouldn't get too fixated as to whether the PCN was issued a the time or not, the main thing is you have good grounds for exemption and documentary evidence to back up your version.