PCN - Loading

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
MrMe
Posts: 8
Joined: 01 Nov 2017 14:47

#1 PCN - Loading

Post by MrMe » 03 Jan 2018 12:13

Hi, so I received a rather ridiculous PCN back in October. They had sent me 2 pictures of a fuzzy car driving off into the distance. Then said that the owner of the vehicle had contravened a loading bay regulation. That the CEO had seen the alleged incident, not been able to issue a ticket in time, not been able to take photo evidence and was stopped from taking photo evidence due to a pedestrian blocking the camera. The car was already reasonably far down the road when the pictures were taken.

My car is owned by my ltd company so the notice came to my company. I rejected stating that I had no memory of the incident and that the evidence was 'laughable'. I didn't come here first, probably a large mistake, as the evidence was so flimsy, I didn't want to waste our time. However my representation was rejected on 22nd November and I had 28 days to make a further appeal. I had moved at that time and the mail forwarding had not been set up so I missed the letter. Today I have a Charge Certificate dated a the end of December, Code 25 Parked in Loading place during restricted hours.

Any help and thoughts will be greatly received.

User avatar
Schedule 12
Posts: 13459
Joined: 30 Jul 2012 21:23
Location: Philippines
Contact:

#2 Re: PCN - Loading

Post by Schedule 12 » 03 Jan 2018 14:20

A charge certificate is normally issued for a parking contravention with a local council.

If the photos do not give evidence the contravention occurred, then you can appeal on that ground alone. "the contravention did not occur".

You need to get the PCN number then download and complete a form TE9 to appeal. If enforcement has started then its sent to the TEC at tec@hmcts.gsi.gov.uk otherwise its given to the council. If the council gives a notice of rejection then file the TE9 at the TEC when the council has started enforcement.

There might be a better procedure, and someone on the pepipoo motoring forums might be able to give better advice. Do tread cautiously, there are trolls that hijack threads with rhetoric.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Pote Snitkin
The Watcher
Posts: 6735
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#3 Re: PCN - Loading

Post by Pote Snitkin » 03 Jan 2018 21:33

Do you know why it was rejected?

MrMe
Posts: 8
Joined: 01 Nov 2017 14:47

#4 Re: PCN - Loading

Post by MrMe » 04 Jan 2018 09:35

I imagine they rejected it out of a matter or course rather than anything specific, obviously there is zero evidence so I don't know why they'd bother pursuing it

User avatar
Pote Snitkin
The Watcher
Posts: 6735
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#5 Re: PCN - Loading

Post by Pote Snitkin » 04 Jan 2018 10:42

The council are obliged to give a reason as to why it was rejected. You say this happened on 22nd November, so I assume you have actually seen the notice of rejection.

MrMe
Posts: 8
Joined: 01 Nov 2017 14:47

#6 Re: PCN - Loading

Post by MrMe » 15 Jan 2018 11:22

Yes, I eventually received the post at my new address but missed the date. The council simply said that me having no recollection of the event wasn’t sufficient.

User avatar
Pote Snitkin
The Watcher
Posts: 6735
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#7 Re: PCN - Loading

Post by Pote Snitkin » 15 Jan 2018 12:11

I'd be making a formal complaint asking how 2 fuzzy photos of a car driving away and the EO's say-so constitutes evidence of a parking offence.

Post Reply