pcn for overstaying ... but valid reason under police order

tifo

Hi,

I attended a sentencing court hearing for a teenage family member who was killed in a car crash some months ago. I paid for 2 hours parking as that would have been enough. However, the hearing went over slightly and I was around 15 minutes late. There was a PCN issued and it is a council car park across the court.

As a victim family we have 2 police liaison officers who attended court with us. During the judges determination, when he went away to decide the sentence, I asked an officer if I could leave so that I can get a new parking ticket. This was about 20 mins before the first one was due to expire. He said no I can't, as the judge may come back any time, but he will go and give the car reg to the attendant so that it does not get ticketed, which he did.

Arriving back at the car I had a PCN issued. The police officers asked if he can withdraw the ticket but the attendant said he cannot do anything because it is 'in the system' and that I would have to appeal under the normal procedures.

The police officer has said I can refer to him for any information the council may require, such as to confirm I attended court and the hearing went slightly over but that he prevented me from leaving.

My brother, whose son was killed, also got a PCN. The reasons are the same.

It states £50 within 28 days or £25 within 14 days.

Any advice?

AlexisV

Sorry to hear your story. I think you just need to appeal and tell the council what you have told us.

I would mention the police officer's name and number.

esmerobbo

Sorry for your loss. I am sure if you explain the situation to the council the PCN's should be cancelled.

tifo

Thanks for the replies.

The police officer was pee'd off cos he'd asked the parking attendant not to ticket our cars because we were in the hearing. But he still did it.

It was a sentencing hearing for the driver, who survived with minor injuries but two of his teenage friends died from the accident. He got a short prison sentence.

Coblcris

The Traffic Order very probably allows this "under the direction of a Police Officer", or very similar wording.
Get the Traffic Order and find out the name/badge number of the officer as you will need to claim the exemption with some evidence.

tifo

Coblcris wrote: »

The Traffic Order very probably allows this "under the direction of a Police Officer", or very similar wording.
Get the Traffic Order and find out the name/badge number of the officer as you will need to claim the exemption with some evidence.

Thanks. I know the officer's details as he's been our family support officer for most of this year. He is happy to speak to the council himself to confirm why the stay extended and the council will be aware of the accident which resulted in this hearing. It was in their area.

muckybutt

Council "should" be understanding given the circumstances and the police officer's communication, however please be aware that they might go the other way and decline an appeal, in that case go the whole way through the appeals process as you will get it knocked on the head at an appeal....hassle you can do without im sure.

My deepest sympathy to you and your family.

patty65

I think this would be an ideal time to involve the local press.

Whenever a parking company or the council realise they are going to be pilloried in the press, they usually back down.

tifo

muckybutt wrote: »

Council "should" be understanding given the circumstances and the police officer's communication, however please be aware that they might go the other way and decline an appeal, in that case go the whole way through the appeals process as you will get it knocked on the head at an appeal....hassle you can do without im sure.

My deepest sympathy to you and your family.

Thanks for the thoughts.

The council may decline the appeal, as did the attendant. I suppose its because the police cannot interfere in lawful council activity, which is why the attendant may have have ticketed the cars even though the officer asked him not to. I don't know if there's anything such as "unless under police direction" in their guidelines.

tifo

patty65 wrote: »

I think this would be an ideal time to involve the local press.

Whenever a parking company or the council realise they are going to be pilloried in the press, they usually back down.

Would the local press be interested though? Because of the accident and subsequent proceedings being reported, they've contacted me when they've ran the story. The sentence is already being reported in press and radio.

tifo

Should I appeal for both tickets separately or as one, because the same circumstances apply, i.e. the police officer prevented us from leaving the court room so that we could move the cars, which is why he went and asked for them not to be ticketed. I don't blame him as he was trying to help which is why he was very annoyed with the tickets.