parked in a special enforcement area adjacent to a dropped footway code 27

flyfit

Hi,this is my first post and im after some advice,my wife parked adjacent to a dropped footway about 3foot wide and she was issued with a pcn for the offence,the reason im asking is that on the pcn it states time of contravention as 17.13 then underneath observed from 17.13 then to 17.13 but when i had a look at the online photos the time on the photos is 17.16.She wants to appeal the pcn and i think she has a case regarding the times of the photos compared to the times stated on the pcn,if anyone can help her id be grateful itll save me a few quid and stop her moaning.Many thanks dave

Orford

The photos will be timed differently simply because they were taken after the PCN was issued, how else would they be able to take a photo of the windscreen with the PCN on it?

Secondly, photos are not a legal requirement, it's whats's on the ticket that matters

there's no mileage in such an appeal.

Coupon-mad

Was it a PCN put on the windscreen, or one sent in the post?

I think if it was a PCN on the windscreen then the time of the photo is not an appeal point as the CEO has to take the photos after slapping the PCN on the car, to prove service and to show the signage. But it doesn't mean you haven't got grounds to appeal so read on...

If it was a PCN issued in the post then if they are the ONLY photos then I think you have a valid point and 'the contravention did not occur'. Because the camera proof is the only proof for a postal PCN - and if there are NO photos that show the car in contravention at 17.13 then IMHO the Council have failed to show the contravention, as described, occurred.

BUT - either way - post a new topic on pepipoo forums here, including a picture of the wording, all small print, all pages, of the PCN (see their sticky 'how to post pictures'):

http://forums.pepipoo.com/index.php?showforum=30

You would be surprised how many grounds for appeal you might have. You have clutched one straw but there may be a whole handful of them and pepipoo posters will tell you. Can you also show the lines and signs at the place where the car was parked - either a daylight photo or two or a Google Streetview link?

Put it all on pepipoo and sit back and get their advice over the next few days as the main regulars there see your thread.

HTH

peter_the_piper

With CM here, there's more than one way to skin a cat. It will also be useful to look at the photo's supplied or available of the actual contravention. Was she right in front of the DK or was her bumper just over the slopey bit? Contravention only aoocurs when blocking the flat bit.