IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).

No entry PCN - appeal rejected - should I go to adjudicator?

rhis
rhis Posts: 3 Newbie
edited 23 October 2019 at 3:13PM in Parking tickets, fines & parking
Hi,
My wife recently received a Penalty Charge Notice (Waltham Forest Council) for driving the wrong way through two no entry signs. She was taking my daughter to swimming lessons and the no entry signs are relatively new (they weren't there when we used to take my son) so she didn't notice that she was doing anything wrong until the PCN turned up. She did this on two separate occasions so two PCN's.

On both occasions the camera car was parked behind the No Entry signs so all you can see on the photos and the video of the offence is the black back of the sign. No road markings or other signage visible and you can't see what sign she is driving past. As the keeper of the car I appealed based on the fact that the footage didn't show an offence taking place. it doesn't prove what the signs are or indeed that they are visible to the driver at the time of offence. You can see signs but not what they are or that they aren't obstructed.

The appeal has been rejected based on the 'evidence provided' - as described above which to me doesn't constitute evidence at all. They've also sent a photo taken in May of the signs to prove that they are visible. The offences took place in September so again I don't think that's evidence.

I'm considering appealing to the adjudicator but that will mean paying £130 if I lose rather than £65 now. Per fine of course... So two questions really :
1. Is the existence of the signage enough to prove the offence even though the signs aren't visible in the footage?
2. Is it legal for the camera car to take footage from behind the sign? Effectively they are lying in wait. They're hiding the camera car waiting for people to commit the offence which is clearly about revenue not about safety in any way.

Comments

  • Half_way
    Half_way Posts: 7,397 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    who issued the ticket? can you clarify if you have a PCN, or a PCN there is an important distinction between the two.
    one is a Parking charge notice (PCN) and the other a penalty charge notice (PCN)
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If this is a council PCN please repost on peppipoo, we only deal with private land PCNs
    You never know how far you can go until you go too far.
  • It's a penalty charge notice issued by Waltham Forest Council. Not a parking ticket.
  • Umkomaas
    Umkomaas Posts: 42,881 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    rhis wrote: »
    It's a penalty charge notice issued by Waltham Forest Council. Not a parking ticket.

    As we major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there (but please note that a hotmail address won't work - try using a throwaway gmail account instead if you do have trouble registering) and post a new thread; here's your link:

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

    PePiPoo has an excellent success record in dealing with council tickets.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.8K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.