Given PCN after officer said I could park there

KLB

Hi all,
I have appealed my PCN based on what happened below. I would just like your input as to whether I have a case. This is what happened...
I drove to the post office to pick up a parcel, parked in what looked like a parking spot which was right outside the post office but on the pavement. I couldn't see any signs that said 'no parking'. Anyway I was being served but saw a parking officer approach my car. I dashed out, told him I would be 1 min and he said 'ok that's fine'. I came straight out after being served (took just 1 min) and he was still there. I thanked him for letting me park there, said goodbye, he acknowledged me, didn't give me a ticket or anything.
Now I've just received a PCN in the post for this. It says I can make representations if the officer was not prevented from giving me a ticket, which he had every opportunity to do so. I have replied with a description of what happened but is it just my word against his? Are they likely to refuse my objection?
Any advice welcomed, I've never received a pcn before!
Kel

jwruk

Firstly, were you parked on the pavement or did you park in a marked parking area that was on a section of pavement?

Secondly, the title of your post contradicts what you've said, 'officer said I could park there' then changes to 'ok that's fine'. You don't say that the parking officer stated you were allowed to park there, it sounds more like he acknowldeged you when you said you'd only be 1 minute.

KLB

Hi,
It was a car park space on a section of the pavement, you drive over the pavement to get on it. It wasn't marked. There were no signs that said no parking but also no signs that said customer parking.
Yes sorry the title does contradict, I just tried to put something short that summed up my thread... when I ran out and said 'sorry i'll just be one minute is that ok?' he said, 'ok that's fine'.
thanks.

KLB

Basically he had every opportunity to give me the notice and the PCN states that I can object if the officer wasn't prevented from giving it to me or putting it on the car.

jwruk

What's the offence code/description on the PCN?

KLB

Its 62 - Parked with one or more wheels on or over a footpath or any part of the road other than the carriageway.

scheming_gypsy

he said it's fine, he didn't say that it was fine for you to park there without getting a ticket. What he probably meant was "it's fine, you go and get your parcel and i'll write your ticket" - which is why he was still there.

jwruk

So you drove over the pavement (contravention), parked your vehicle on the pavement (contravention) in an area that wasn't designated for car parking (contravention) and it wasn't marked out as a parking space and you're questioning this?

KLB

Well it was a car park spot, there was no signage to say I couldn't park there and I thought I could. If the officer had told me that I couldn't park there and given me the pcn, then fine.
What I am questioning is that it says I can object if the officer wasn't prevented from either handing the pcn to me or affixing it to my car.

scheming_gypsy

Your own argument could go against you.

The fact you were in and out in one minute prevented him from giving you the ticket as you drove off before he completed it. Therefore they had to send it by post.

KLB

Well that's possible, but I didn't just drive off, I came out, said thank you several times which he acknowledged and I had to put two large parcels in the boot of the car...