Parking Fine Prob

LoveMCR

Hello,

I was told something in a pub once, when discussing parking fines which sounded quite legit to me, at the time.

I was told by a courier, who is given tickets all the time, that he often jumps into the van while he's being issued a ticket and drives off as they've not had time to issue and take a photo. Seemed to make sense to me at the time and I assumed I'd not need the advice.

Well, I was wrong, not so long ago I returned to my vehicle which was in a loading bay, at the time I hadn't noticed it was a Good Vehicle loading only and I WAS actually unloading some things. I saw the traffic warden, saw I hadn't been issued a ticket, jumped in and drove off.

Then the letter came through the post from the council and I challenged and asked them to provide photographic evidence as the ticket was never issued. This morning they have replied rejecting the challenge and given me a link to 3 photos. One showing my car in the loading bay (but with no ticket attached), one of the back of my car as I drove off (which is really poor quality and can't see a registration) and thirdly a picture of the sign next to where I'd parked.

They have said I drove off with the notice affixed to the vehicle. This is simply not the case. What can I do now? The photo evidence doesn't dispute what I am saying. I got there before the ticket was issued.

Guys_Dad

Photos - from a video camera or still camera? If video, demand to see the whole sequence showing warden attaching ticket.

Ask them for photo showing ticket attached.

Not an expert on warden tickets, so don't know if attachment is obligatory.

LoveMCR

The photos look like it was a still camera. I'm assuming the wardens carry a camera to record placing tickets.

There is no photo of the ticked attached. As it never was attached. Does it need to be to be valid?

Hovite_2

I'm pretty sure councils now have the power to enforce tickets without them having to be attached to the vehicle.

peter_the_piper

What signage was there? Was it loading only? Goods vehicle loading only? Gather all this info and post on pepipoo, remove identifying details, picture of all sides of ticket. Details of how to post is in the stickies.

Coupon-mad

Hovite wrote: »

I'm pretty sure councils now have the power to enforce tickets without them having to be attached to the vehicle.

But ONLY if they send a 'Reg 10 PCN' (a particular type of postal PCN which many Councils do not have!). It is not OK if they just send a Notice to Owner pretending a PCN was served, which does happen a lot.

This OP needs to post on pepipoo with a PICTURE OF BOTH SIDES OF THE NOTICE AND REJECTION LETTER RECEIVED. DON'T POST WITHOUT PICTURES!:

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

... and should now understand that pretty much all first challenges are rejected by Councils who just make a game of dangling the carrot (bribe) of the discount again. Doesn't suddenly mean he/she doesn't have a case and IMHO is not a reason to suddenly give up and pay just because you get the first 'computer says no' template rejection.

And BTW the idea of driving away if a PCN has not been served IS still a good one and I would do it myself even though some Councils do issue Reg 10 PCNs (there was talk of Brighton & Hove Council sending these soon but I haven't seen one yet). Anyway it's much more likely that a Council will muck up the procedure if no windscreen PCN was ever served, even if they do have a template for a Reg 10 postal PCN.

LoveMCR

Hi,

I don't have copies of the letters to hand - the council rejected my first objection.

They've since sent me (well my partner) as it was her car I was driving at the time, the following;

I inserted a photo but I can't link due to being a newbie - how I do post the link?

What do I do now?

How do I re-appeal?

LoveMCR

Ok I can't upload here's what it says

Dear MiSS B ,
UNPAID Penalty Charge Notice
WARNING Your Case is to be Registered as a Debt at the County Court

Your case comes under the Traffic Management Act 2004 and The Civil Enforcement of Parking Contraventions
(England) Representations and Appeals Regulation 2007
Penalty Charge Notice: MOxxxxx
Date given: xx/O4/2013
Place given: Street xxxxxxx
Vehicle registration: Ml<___ _. .U
Outstanding Amount: £ 105.00

According to our records you have failed to pay in full the penalty charge shown above. ln accordance with statutory legislation:
a Notice to Owner/Enforcement Notice and a Charge Certificate have been served on you
If you fail to pay this charge within 7 days the Council will register the penalty charge as a debt at the County Court and the amount due will increase by a further £7.00 to include the Court fees.
A Warrant of Execution will then be issued to Bailiffs, who will undertake recovery action, which includes powers to seize your goods, including your vehicle, to recover the debt and any additional Bailiff fees. Please note for example that should a Bailiff attend your property to seize goods, you will incur further charges.
To prevent further action you have 7 DAYS from the date of this notice, after which time Debt Recovery action will commence.
NO FURTHER REMINDERS WILL BE SENT.
Yours sincerely

Graham Marsh, Parking Manager, on behalf of Manchester City Council

Coupon-mad

You need to start a thread on pepipoo as you appear to have ignored a rejection letter and a Charge Certificate (next step bailiffs, you should have applied for adjudication but you seem to have missed the chance!!):

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

that is where the experts on Council PCNs are (and you can post pics straight away on threads, too).