Penalty Charge Notice Appeal - Urgent help please

rjb66

Hello all, I'm a newbie to this forum and would like some urgent help with a penalty charge notice. A few weeks ago I received a Notice to Owner in the post which stated I had been served with a Penalty Charge Notice over a month ago and had not paid within 14 days therefore I was now required to make a full payment. I contacted the council to inform them that I had not received a penalty charge notice fixed to my vehicle and if this was the case I would have made the payment immediately. I sent numerous emails and eventually got a rejection stating that a penalty charge notice had been given to me in my hand which is a blatant lie. I have appealed against this to the tribunal, however the council and the officer are sticking to this lie :mad: stating that the officer recorded that the driver had taken the penalty charge notice and placed it into her handbag before driving away. They also state that another officer gave a witness statement who was present at the time. The other officers statement does not confirm that a penalty notice was handed to the driver because this is clearly a false statement. The other officers statement says that the officer started to log the details in his hhc after he logged it he got back into the car to wait for 5 minutes to elapse, when 5 mins where up the officer got back out the car and the witness officer states that they saw nothing else??? The statement from the council states that the vehicle was sighted by the serving officer at 21:16 on a no stopping restriction and the officer served the notice on the driver as the driver came out of a shop at 21:17. I am not disputing the fact that my vehicle may have been slightly on a white marking, I am annoyed at the lies being told and the fact that I did not receive a ticket. I'm sorry to waffle on but any advice would be greatly appreciated.

Coupon-mad

Do you mean you are about to go to adjudication? You need some help from pepipoo then to make sure you cover all bases. You should not just be relying upon an argument that say that 'no PCN was served' in a 'their word against yours' situation!

Chances are there's more in their evidence bundle that you can also say at adjudication. I do hope you haven't just asked for a postal adjudication - my guess is you'll lose if you do. In this situation you need to have a personal meeting and attend in good time, to show yourself as an honest, reliable witness whose word should be taken...

If you were waiting for a postal adjudication then it's not too late to ring up TPT or PATAS and change it to a personal one.

Post on pepipoo and get their help:

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

...you will need to start a new topic and show pics of all documents, all sides of every letter. It is worthwhile because most people win in the end on pepipoo and I am concerned you have not mentioned any other points of appeal...there could be loads...for instance you have said ' I am not disputing the fact that my vehicle may have been slightly on a white marking'...why not? If it's 'de minimis' it's a mere trifle that the law should not concern itself with and you could have pushed that point for a start, if it's minimal. What about the NTO, what about the Traffic Order, does it even create a contravention for being over a white line? The Order could be flawed and the penalty could be unenforceable, never mind if the PCN was served or not.

You won't know until you post your pics of all documents on pepipoo. Unless you have already lost at adjudication...?

rjb66

Many thanks for your response Coupon-mad. Yes, I have sent in an appeal to the adjudicator for a telephone hearing. I have until 29 August to provide further evidence to my case. I don't really know where to start, but I will post what I have on the site you recommended and take it from there. Thank you