Adjudicator's Refusal on my appeal

[vilet]

Hi guys...need your help again please.....

I've had a PCN where i've appealed to the Parking and Trafic Appeals Service which has been refused.

I've been notified by post that i got a PCN to pay. I've disputed on the grounds that the ticket has not been served on the windsreen and i've requested photografic evidence from the council. The council has sent me the photos but without the the PCN attached, only the 6 min expired ticket and my car was in the photo. Yes it's true that when i got to my car there was a trafic warden taking pictures of my car but the ticket was not served on my windsreen and i just got into the car and drove off.

I don't know what to do...is there any further step that i can take or is this the end of the tunel?

I'm attaching the adjudicator's reason for the refusal.

Thanks in advance

[diskmandave]

Image too small, use Photobucket to show images.

[sequenci]

Isn't it now rthe case that a PCN does not need to be placed on your windscreen and can be sent by post if the civil enforcement officer has started the process of issuing the penalty charge notice?

[dx100uk]

yep!

 

dx

no defence! or excuse

[Jamberson]

Sounds like the end of the line, mate. I'd like to see the letter though, detailing why your appeal was refused. Can you upload it into an image hosting site such as Photobucket. Then give us the address of the page so we can go see it full size.

[cream70]

The allegation in this case is that at the time of issue of the PCN the vehicle was parked after the expiry of paid for time at a pay and display car park. Ms xxxxx disputes this, stating that as far as she knows the vehicle was parked legally with a valid ticket clearly displayed. She also says that she did not receive the PCN.

The Civil Enforcement Officer made a full record including the excise licence serial number and expiry date, which implies a close examination of the vehicle. The Enforcement Officer recorded that the PCN was attached to the vehicle.

Service of a PCN is complete once it is attached to the vehicle. Where the PCN is removed by a third party before the return of the driver this does not affect the validity of the PCN. However, in this case the Enforcement Officer recorded the return of the driver who drove away.

The Enforcement Authority have provided copies of photographs taken by the Enforcement Officer which show the pay and display ticket displayed, expiry time 11.56. The PCN bears the time of issue 12.03.

It is not unusual for the parties to disagree as to whether the PCN was properly served. In such a case I would always look for indications as to whether driver or Enforcement Officer should be believed. In this case I am satisfied that Ms xxxxx will have known she returned to her vehicle after the expiry of paid for time. As I do not accept her evidence on this point I see no reason to accept her denial that she received the PCN.

Having considered all the evidence, I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.

 

 

 

Unfortunately, it is the end of the line, as you are out of time for a review of the adjudicators decision.

To be successful in regards to 'ghost tickets' you really have to attend the parking tribunal in person with a well prepared case, as more often or not it is your word against the parking warden.

[vilet]

enlarged appeal.pdf

[vilet]

Thanks everyone for the reply

My argument will be that the only evidence that they have of the expired time is the one shown on the enforcement officer picture. Are these camera's used for evidence in court and how well calibrated are?

[green_and_mean]

If both the PCN issuing machine AND camera where wrong by over 5 mins the CEO would have issued hundreds of PCNs as obviously they would be issuing to cars with valid tickets. If your ticket was valid any normal person would stop and argue with the CEO as to why they are getting a PCN when the ticket was still valid rather than speed off. Without seeing your letter its not possible to guess why the adjudicator went against you, however trying to embelish your appeal by accusations of faulty cameras that cannot be proven rather than sticking to the facts doesn't usually help.

[Jamberson]

Thanks everyone for the reply

My argument will be that the only evidence that they have of the expired time is the one shown on the enforcement officer picture. Are these camera's used for evidence in court and how well calibrated are?

 

Unfortunately you can't argue the case any further. There's no court involvement. You will be instructed to pay now as the appeals route has been exhausted.

[lamma]

too late to argue now - unless you can afford a JR of the adjudicator's decision and that would likely fail. If you didn't get a reg 10 you may have been able to argue the case better but that time is long gone.