Parking notice not issued **appeal was upheld.**

[green_and_mean]

Hi everyone

 

They have sent me 7 photohraphs and not one of them shows the ticket on my car or the ticket having been issued. Surley if the officer had issued me with the ticket at least one of the 7 photos would have shown this!!

 

 

You said in your first post that the ticket was being printed out as you returned so you drove off as he 'franticlally' took pictures of your car. What did he do with the PCN that he had just printed out and how did he get 7 photos if you drove off?

[walter100]

He had some photos of my car before i arrived back, 2 of me sat in my car ready to go and 2 of the back of the car once I had drove off. I can only assume he binned the ticket once he had finished issuing it

 

Could I request they view the CCTV Cameras that are on the street as this would prove conclusivley that I was NOT served with the PCN?

[green_and_mean]

It seems a bit odd if he already had photos of the car he would then decide to not bother serving the PCN he has printed out but he would instead get his camera out and take a few more photos but I guess that is a matter for the adjudicator to decide on.Even if you did get access to the cctv, having seen a lot of cctv footage from town centre cameras I doubt if it would show anything even if it was pointing in the direction of your car at the time besides most cctv is only kept for a month or so.

[Jamberson]

I have to agree. While your account might be true, the adjudicator will be sceptical that the PCN was not served. As G&M says, that would be his priority, especially once you were inside the car, rather than taking yet more photos. The image of you in the car proves you encountered one another - it's only logical he would at least try and stick the PCN under the wiper.

 

Anyway, it's by the by - you can only do your best to argue your side.

 

If you could get CCTV footage (do you know who has some?) it may help if it shows the exact chain of events, but it's a long shot. You'd need a good definition image of your car throughout, and even then you'd need to get hold of it and have the adjudicator agree to look. You can try though - nothing to lose.

[my-spirit-soars-free]

Blue badge spaces are supposed to be wider than average - which is very important when you use a wheelchair.

 

So yes, if someone is in the blue badge space, even if "normal" spaces are free, I have a problem - I can either go across the lines of a "normal" space, and risk a PCN.... or I sit and wait until the person concerned decides to shift their car.

[walter100]

Just to let you all know my appeal was upheld.

The adjudicator agreed that the council had not followed procedure and as such agreed with my appeal.

Nothing to pay....

 

Thanks for all your advice

 

Cheers

[honeybee13]

Brilliant news! Well done you and the people who helped you.

 

My best, HB

[cerberusalert]

Thread title udated.

[walter100]

The key I think was that the council agreed that if the ticket had not been issued at the scene then they couldn't have posted it because their guy had said he had issued it to me at the scene.

The adjudicator was comfortable that with 7 photographs...at least 1 should have shown the ticket being/having been issued. The adjudicator concluded it was likely (given the evidence or lack of it) that the ticket was NOT issued at the scene.

 

I know I hit a cord when I said "I feel it is important for people like me to appeal and succeed, otherwise it could open the floodgates for any dishonest traffic wardens to issue bogus tickets and just say "it was issued at the scene" ...surely because of this it is up to the council to prove the ticket was issued correctly. Otherwise how can we possibly have transparent and fair appeal hearings"

 

The adjudicator did ask me if I was prepared to pay the 50% discount today to which I replied "no, purely because the ticket by default has to be invalid and thus no payment should be expected"

 

The adjudicator told me afterwards that had I said yes ..... they would have asked the council if they wanted to accept my offer of 50% ......so beware.....do not offer to pay 50% at the appeal hearing if you truly feel the ticket is invalid!!

[honeybee13]

I think you 'done really good' at the hearing. I don't think I could have stayed as cool, could well have offered the 50% if it had been me.

 

My best, HB

[Zamzara]

The adjudicator offered to allow you to pay 50%? This is beyond their powers as far as I'm aware. They do have a power to recommend that that council cancel the penalty on a discretionary basis, but only after it has been established that the penalty is valid. In a case where the penalty has been wrongly issued, as is the case here, the adjudicator 'shall allow the appeal' (regulation 7(2) of the appeals regs).

[Jamberson]

This has come up before - I've seen a 50% deal struck at more than one hearing. It does go on, even if it shouldn't.

[Tony P]

Congratulations to you.

 

Maybe the 'mediating' offer to both sides to accept the 50% relieves the Adjudicator of having to work harder to arrive at a proper Adjudication which will not be scrutinised and protested by the parties.