Traffic warden tried to hand me my ticket

waccoe75

didnt tell anyone what do , i just stated what happened , even got quoted of trying to get around a 14 year old law which wasnt even stated on my post , i do know if you drive off or refuse one it comes through the post regardless , think they only like post on there were they can help and claim credit .

waccoe75

yes i removed due to being shot down on there, they only want to help i didnt know that

Coupon-mad

What did you get it cancelled for? Wording, please share here.

waccoe75

Coupon-mad wrote: »

What did you get it cancelled for? Wording, please share here.

the traffic warden had wrote the PCN out , he tried to hand it to me i said as your just doing your job stick it on the windscreen i drove off he didnt stick it on the window, the PCN came through the post with these words

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This Notice has been served by post because the Civil Enforcement Officer had begun to prepare a Penalty Charge Notice for service
but the vehicle was driven away from the place in which it was stationary before the Civil Enforcemement Officer had finished preparing---
the Penalty Charge Notice.
so i appealed that the the CEO had lied on the postal PCN notice , council said noway it stands so went to next step of appeal and won here is the adjudicators reasons

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I have not therefore been persuaded that this or any other exemption to the waiting restriction was engaged, and I find that the contravention has taken place as alleged.
In the majority of cases, a PCN will be served by being placed on an unattended vehicle, but if the driver is present, it may - and generally will - be handed to the driver, which also constitutes proper service.
Mr ****** has conceded that he prevented service by refusing to accept the PCN when proferred by the Civil Enforcement Officer. Consequently, I find that one of the conditions for serving the PCN by post had indeed been satisfied.
Nevertheless, a postal PCN must state the reason justifying its service in this manner, and Mr ****** PCN refers to the vehicle having been driven away before the PCN was completed. This is the other circumstance in which service of the PCN may be effected by post, but it was simply not true on the facts as recorded by the Civil Enforcement Officer.
Accordingly, and in spite of all the above, I must allow the appeal. Mr ******* has nothing to pay.
so all i stated on that forum was if your at the car refuse the PCN and gamble that it will come through the post stating you drove away.

Rover_Driver

waccoe75 wrote: »

if your at the car refuse the PCN and gamble that it will come through the post stating you drove away.

It depends what the authority claim, if you refuse a PCN and drive away, a reg 10 PCN may be consideredf to be valid (Reg 10, 1(b).

Coupon-mad

so all i stated on that forum was if your at the car refuse the PCN and gamble that it will come through the post stating you drove away.

I agree, if I saw a Council CEO preparing a PCN at my car, I would drive away and not look back and certainly not stand around arguing with them, which gives them a chance to plonk it on the windscreen.

Chances of a LA getting a Reg 10 PCN and the appeals process 100% right are slim, IMHO, and some Councils can't even issue Reg 10 postal PCNs, so ALWAYS drive away.

Basically you won at adjudication because the CEO's account didn't match the lie that said you drove away BEFORE the PCN had been completed! Nice.

Most Council PCNs are beatable. Pepipoo are the experts though.