PCN - Was it served?

[Lights100]

Hi

I stopped in a pay and display bay to drop off a letter and found a guy printing out a PCN. I was about to speak to the attendant who was verbally aggressive. I saw red and went to drive off and he literally threw the print out at me through my drivers window, saying 'that's served'. As it wasn't in an envelope or fixed to the windscreen do I have a case to object to paying the fine? Any comments please. Thanks

[Michael Browne]

Hi

As it wasn't in an envelope or fixed to the windscreen do I have a case to object to paying the fine?

No, 'drive-aways' are no longer valid, since even these can now be served by post

[patdavies]

No, 'drive-aways' are no longer valid, since even these can now be served by post

 

In the situation described, drive away is still possibly valid.

 

The CEO issued a s.9 PCN this must be affixed to the vehicle or given to the person appearing to be the driver. If, for any reason, a s.9 wasn't served, it is not enough to say that a PCN 'could' have been posted; a s.10 must be served via post.

 

I would argue at this time that there is no valid PCN in this case. Of course. it would have helped if the ticket had blown back out of the moving vehicle... As it is, the Council have no proof (eg photograph, etc) that a s.9 PCN was served.

[Lights100]

Thanks for the replies. I guess I have 2 choices - 1) pay it, 2) write to dispute it, and hope I get an extension of the 14 day period, which I gather isn't given by all Councils, so I risk having to pay the full fine by taking this action.

 

Does anyone know what the requirements are to serve a s.9 notice. I know some councils don't take photos, whereas the area concerned certainly do because the ceo said he had 6 of my vehicle. However, a photo of the notice attached to windscreen won't be of them!

 

Incidentally, at the time, I threw the envelope back out of the window because it hit me in the face, and only found the notice lodged in my maps in the drivers door pocket the next day. Potentially I could never have found it. No damage done, but I'm sure the ceo's manual wouldn't approve of throwing through the drivers window!

 

What would others do?

[crem]

Incidentally, at the time, I threw the envelope back out of the window because it hit me in the face,

 

shhh! Don't say that or they will be trying to add "littering" onto the list of offences!

[green_and_mean]

Giving the PCN to the driver is a legal option for the CEO its also very unlikely a driver would stand and pose for the handover photos. Trying to convince an adudicator you didn't receive the PCN soley because he didn't photograph himself giving it to you is unlikely to get far.

[Britainsworstdriver]

Hang on guys. Let me get this right. You were in a moving vehicle and a council employee threw something through the window which hit you in the face? have I got that right?

 

If so, report the parking lowlife to the policefor assault! never mind a PCN, nobody is allowed to strike you in the face with anything and to do so while you are actually in charge of a motor vehicle is a serious matter.

 

Throw the book at them. (not literally, it might hit them in the face).

[the_freedom_trail]

Yes, potentially very serious - I support this. I would write to the council and explain what happend and advise that you will be reporting the matter to the Police.

 

TFT

[Michael Browne]

Yes, potentially very serious

 

Potentially, possibly with a stretch of the imagination. In reality not in the least bit serious.

 

I would write to the council and explain what happend and advise that you will be reporting the matter to the Police.

 

I'm sure they'll drop everything to deal with this

[the_freedom_trail]

Potentially, possibly with a stretch of the imagination. In reality not in the least bit serious.

 

I'm sure they'll drop everything to deal with this

 

So, if I threw something in to the open window of a car and it hit the driver in the face and caused him to crash I should not expect a visit from the Police? This is why such behavior is potentially serious!

 

TFT

[Michael Browne]

So, if I threw something in to the open window of a car and it hit the driver in the face and caused him to crash I should not expect a visit from the Police?

Yes, but in this case the 'something' was a small plastic bag and he didn't crash (nor even intimated that he possibly might have done) If the OP wants to take it further, he's perfectly welcome to do so. In the meantime he's still got a parking ticket to deal with.

[lamma]

just has to hit the driver in the eye or make them look away from the road.

 

it is not okay to throw anything at drivers.

[Britainsworstdriver]

Is it alright for parking attendants to throw things through car windows now then? I am very sure it isn't.

 

Local newspaper job if you ask me! It doesn't take the driver to crash to make this an offence. We are talking about the law being broken. The OP parked illegally. I don't think the PA will think, never mind. So why should the OP see the PA break the law and get away with it then?

 

Can't have their cake and eat it.

 

Ring the local rag

[Britainsworstdriver]

Potentially, possibly with a stretch of the imagination. In reality not in the least bit serious.

Mmmm. Try throwing a harmless little crisp packet at the driver of the next police car you see at the lights and see if they think it is nothing too then!

 

I'm sure they'll drop everything to deal with this

 

They will when they read about it in the paper!