PCN with Contravention code 01

Jibri_sarkar

Hi Everyone,

This is my first post so apologise if this has been asked before, I have received PCN from Barnet council under Contravention Code 1 Parked in restricted street during prescribed hours. The timing showing is 20:38 to 20:38 which is not even 1 minute and yes car was stationary and unattended for hardly a minute, no PCN was issued at point and just received it by post.
According to NIDirect I can see following:
'Contravention code 01 shall be used for non-goods vehicles (cars, motorbikes, and so on) seen to be parked in contravention on double or single yellow lines. A five-minute observation period will be applied to non-goods vehicles'
In my case observation period was not followed, is it worth doing appeal please? Also I am going out country for a month on Tuesday should I ask them to hold decision for month I have substantial evidence to prove I am going away. Thanks for all your help

Redx

as this is a council pcn, register over on pepipoo forums using a gmail address and post it in their special section for council pcn`s

this forum tends to deal with private pcn,s

Umkomaas

You should read Mr Mustard's blog. He is a major campaigner in the Barnet area and often takes on the council over parking penalties. You might also want to think about making contact with him.

http://lbbspending.blogspot.co.uk

Coupon-mad

'Contravention code 01 shall be used for non-goods vehicles (cars, motorbikes, and so on) seen to be parked in contravention on double or single yellow lines. A five-minute observation period will be applied to non-goods vehicles'. In my case observation period was not followed, is it worth doing appeal please?

Yes, on the basis that no observation period was observed, to check for exempt activity such as loading, unloading or assisted boarding or alighting, none of which would be eliminated as a possibility after just one minute. They are not complying with the London Borough guidelines (can't recall what they are called but pepipoo posters will know) about enforcement and observation of contraventions which does indeed require at least 5 minutes.

Also, if this was issued by remote camera, it should not have been because that can only be used for school 'keep clear' markings and moving traffic contraventions:

https://www.barnet.gov.uk/citizen-home/parking-roads-and-pavements/Parking/moving-traffic-contraventions.html

But was it in fact a photo taken on the pavement by a CEO but the letter says the driver drove away before a PCN could be served? If so then they can so that BUT again, one minute observation is not allowed and should win this at Adjudication (a meeting in a room, not a tribunal or anything scary).

Also I am going out country for a month on Tuesday should I ask them to hold decision for month I have substantial evidence to prove I am going away.

Appeal as late as possible within the time given on the postal PCN. Not too early, so submit this on Monday and yes, you could say you will be away but intend to pursue the matter to the Adjudicator in due course. Or, if there is more time to appeal and you trust someone else to submit this for you in your absence, in time, give that person STRICT instructions which day to submit it. Or take it with you and do the appeal online from abroad at the right time, late in the 28 day appeal window.

This is Mr Mustard addressing Parliament about Barnet's cash cow approach:

https://www.publications.parliament.uk/pa/cm201314/cmselect/cmtran/writev/parking/m33.htm


Pepipoo win almost every case referred to them so start a new topic with pics of BOTH SIDES of that PCN (all small print except PCN and VRN). No using a Hotmail email to register on pepipoo. Do that today and you can check for answers on your thread and reply from abroad.

HTH