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PCN, driver identified, obvious distraction, multiple witness official statements

cheekyparker
cheekyparker Posts: 6 Forumite
Tenth Anniversary First Post Combo Breaker
Hi All!

I hope everyone has been enjoying the sun recently🌞😎 

I'd really appreciate a second opinion on this:

I, the keeper received a NTK first of all, 16 days after the event. I have Royal Mail delivery records that prove it was not received within 14 days. However the date on the letter was from several days earlier.

I appealed on that basis to the issuer, but also gave evidence of an urgent medical situation that was occurring at the time involving the driver, which prevented any signage from being seen. So the driver's identity and involvement in the situation may be used as evidence.

I'm guessing any legal case would hinge on the drivers attention? I have acquired photographic evidence from multiple witnesses for this.

Do I wait for the legal action? I've fended off a few of these already but wonder what my chances are for this one as its a bit different. Thanks!


Comments

  • Coupon-mad
    Coupon-mad Posts: 157,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who issued the PCN?

    Where (exact car park)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cheekyparker
    cheekyparker Posts: 6 Forumite
    Tenth Anniversary First Post Combo Breaker
    edited 8 March at 11:56PM
    Civil Enforcement

    St Giles Surgery, HP8
  • cheekyparker
    cheekyparker Posts: 6 Forumite
    Tenth Anniversary First Post Combo Breaker
    The signs are new. On google maps you can see they weren't there before.
  • Coupon-mad
    Coupon-mad Posts: 157,565 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 March at 1:28AM
    The signs are new. On google maps you can see they weren't there before.
    OK: you can use the BPA Code of Practice to argue that the operator failed to put up the EXTRA signs required to alert drivers to new rules/restrictions.

    That's potentially a win at POPLA and if not - so what - you just ignore it, of course, contact them only if you move house and defend the PCN later in court instead. Easy enough.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cheekyparker
    cheekyparker Posts: 6 Forumite
    Tenth Anniversary First Post Combo Breaker
    edited 9 March at 10:47AM
    Many thanks!

    I've printed out the google maps pic and added it to my case file for this one and I'm now waiting on a POPLA ruling.

    If it ever gets in front a judge, adding witness expenses to a win is always a nice touch. I took a video witness testimony from someone last night, just in case.

    Enjoy the rest of your weekend 😁
  • Brie
    Brie Posts: 15,934 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Have you talked to the surgery to see if they can get the PCN cancelled?
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