URGENT ADVICE re:Notice to Owner (NtO) letter received for Phantom PCN

Coupon-mad

As you can't post full links yet, here's the full link to make things easier:

http://i35.tinypic.com/2ex3qyt.jpg

Maybe others with relevant knowledge may be able to add any comments? I am not sure at what stage you could ask for a copy of the PCN (hopefully others could advise)?

Neil_B

Half on the yellow lines and half an NtO ! LOL

I'm still gobsmacked at the 'why penalised stance' and you clearly have no case there.

You are, however, entitled to know what happened to the original PCN and to ask for confirmation it was served on the vehicle. Request any pics that may have been taken and CEO notes.

Reggie_Rebel

monsteraf wrote: »

After stepping out of the car I noticed the rear tyre was just touching the yellow line. I recall someone once saying ALL of the tyre must be on the yellow line for it to be an offence, and so just in case - I took a photo of car on my iphone.

Let's be fair, the only bit touching the line was the bit on the ground, the rest of the tyre wasn't touching.

Neil_B

Reggie_Rebel wrote: »

Let's be fair, the only bit touching the line was the bit on the ground, the rest of the tyre wasn't touching.

Not a great fan of many of your posts but that ---- was quality!

monsteraf

Crikes !! So many Comedians in one spot :rotfl:- yet no one managed to give any valuable "ADVICE" other than "Coupon-Mad".
But seriously guys - is it not the case that 50% of vehicle has to be over yellow lines inorder to warrant a ligit PCN. I have asked a few people same question and it seems there is a general confusion over the matter.

Crabman

monsteraf wrote: »

Crikes !! So many Comedians in one spot :rotfl:- yet no one managed to give any valuable "ADVICE" other than "Coupon-Mad".
But seriously guys - is it not the case that 50% of vehicle has to be over yellow lines inorder to warrant a ligit PCN. I have asked a few people same question and it seems there is a general confusion over the matter.

Neil's already said there's no case regarding being 'just' on the line so as much as you feel hard done by if you want any real chance of appealing this successfully you need to listen to the advice of people who know how these things work.

Here is Neil's post again for you:

Neil_B wrote: »

I'm still gobsmacked at the 'why penalised stance' and you clearly have no case there.

You are, however, entitled to know what happened to the original PCN and to ask for confirmation it was served on the vehicle. Request any pics that may have been taken and CEO notes.

Coblcris

monsteraf wrote: »

Crikes !! So many Comedians in one spot :rotfl:- yet no one managed to give any valuable "ADVICE" other than "Coupon-Mad".
But seriously guys - is it not the case that 50% of vehicle has to be over yellow lines inorder to warrant a ligit PCN. I have asked a few people same question and it seems there is a general confusion over the matter.

It is not the case. Any part of the vehicle over(hanging) the yellow lines can result in a PCN. Obvious de minimis arguments could be made for a fractional overhang, whatever 'fractional' is.

monsteraf

well like I said, I always thought that the whole or 50% of vehicle needed to be over the lines. Asked several traffic wardens the same and they say u can write in your appeal that it was genuine mistake and they may let you off. I wrote in my appeal that I wish to be given the same opportunity to pay the reduced fee as I neva received the original PCN.

Coupon-mad

monsteraf wrote: »

well like I said, I always thought that the whole or 50% of vehicle needed to be over the lines. Asked several traffic wardens the same and they say u can write in your appeal that it was genuine mistake and they may let you off. I wrote in my appeal that I wish to be given the same opportunity to pay the reduced fee as I neva received the original PCN.

Traffic wardens often just say 'why don't you appeal' as it gets motorists off their back.

I don't know why you don't just follow Neil's advice, you may not end up having to pay the penalty at all if you are lucky. This advice was given several posts back:


QUOTE
'You are, however, entitled to know what happened to the original PCN and to ask for confirmation it was served on the vehicle. Request any pics that may have been taken and CEO notes.'
QUOTE


AFAIK if the Council cannot produce a copy of the PCN and/or a pic of the PCN attached to your vehicle in situ then you could possibly argue 'procedural impropriety' in not serving a PCN first. Please correct me if I am wrong anyone, I am still learning through reading this board and the pepipoo forum!

As Neil says, you are entitled to request a copy of the CEO's notes too, from the Council's responses to your requests you can then judge whether to pursue it to adjudication.