Notice to Owner/PCN - help please!

mellys_2

Hi everybody, just wanted to ask for advice on the legal status of something.

I have just received a notice to owner from council telling me about an PCN for an alledged parking contravention that occurred over a month ago (it was an honest mistake at the time as the area was poorly marked). However I did not get the PCN either on the vehicle (as i drove away when i realised the mistake) or in the post afterwards, and they are now requesting payment within 28 days.

What is my case? Do i have to pay or legally can I argue they did not issue a PCN and as such, the Notice, PCN and penalty charge is invalid?... I'm extremely stressed about this, so any help would be much appreciated !

thanks

McKneff

There are lots of people on here who will help but you need to post your PCN on here, back and front, blacking out all the personal details.
In the meantime the Pepipoo website is worth a browse.

mellys_2

Thanks for the heads up with the other website.

I would post the PCN on here except that I never received it, and from the other site it looks as though that may be grounds enough for a decent appeal?

McKneff

so can you post on here what you received, maybe the pcn was on the windscreen and it fell off.

1984ReturnsForReal_2

anniehanlon wrote: »

so can you post on here what you received, maybe the pcn was on the windscreen and it fell off.

I have seen kids nicking them off screens before.

mellys_2

This is the Notice to Owner I received on the 25/02/09. I did not get a PCN, as when I realised my mistake and that it was actually a metered area I drove off before the ticket was put on the car. Does anybody have any suggestions/thoughts as to whether I should appeal?

peter_the_piper

You say at the start that the area was poorly marked, in this case post up photo's of the signs, lines and along the bays showing the ends as well. Many councils cant get the painting right and gives you a way of avoiding the fine.

mellys_2

This is the area where I parked, as you can see the lines are very poor and the singage is twisted and not terribly visible.

Bong74

Hi, send back the NtO on the grounds that the traffic order is invalid and that;-

The signing and roadmarkings do not comply with the Traffic Signs Regulations and General Directions. That should be enough to get you off the PCN.

The sign itself bears no resemblance to a permitted variant of a pay and display sign. Shoddy at best.

Neil_B

Bong74 wrote: »

Hi, send back the NtO

Definitely DO NOT do that!!!!! Never return documents to the Council.

Bong74 wrote: »

on the grounds that the traffic order is invalid

Hmmmm - maybe - but has been known to not go down well with Adjudicators if just included for no reason.

Bong74 wrote: »

The signing and roadmarkings do not comply with the Traffic Signs Regulations and General Directions.

Totally agree.

Bong74 wrote: »

The sign itself bears no resemblance to a permitted variant of a pay and display sign. Shoddy at best.

Can't actually see it clearly but I suspect you are correct.

---

Additionally, there is at least one flaw on the NtO and more importantly that the NtO should not have been served- hence procedural impropriety.

i'll add when i find time later.

Bong74

Neil_B wrote: »

Definitely DO NOT do that!!!!! Never return documents to the Council.

I didn't actually mean send the actual documents back, I meant respond to the NtO on the grounds identified so that you are making formal representation against the issue of the PCN. If the markings and signing are incorrect, then the TRO is invalid and the contravention did not occur.