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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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Experience:  Over 5 years in practice.
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I have already appealed a pcn on the grounds it was not issued

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I have already appealed a pcn on the grounds it was not issued correctly. I stated that I approached my vehicle as a ceo was standing by it. I duly got in and drove off with no conversation. Then a nto was sent claiming a pcn was issued and not paid.
I requested all photographic evidence and the ceo's notes.
I have received a notice of rejection. The photographs show my vehicle but not with the ticket affixed. The ceo's notes claim he handed me the ticket without myself saying a word, which is totally untrue.
I'm now going to appeal to the parking adjudicator not contesting that a contravention occurred but on the grounds of the ticket was not served, I understand it's his word against mine.
I'm looking for advice on any particular wording on my appeal form.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles

What does the attendant say about there being no photograph with the ticket on the car?
Customer: replied 1 year ago.

Hi


 


His notes just say 'Driver returned and took pcn - did not complain.


 


The notice of rejection says 'At the time the above notice was issued, the Civil Enforcement Officer recorded the vehicle excise license serial number and expire date, which could not take place without close inspection of the vehicle, and recorded the notice was handed to driver.'


 


I want to add that I was late for work and did not have time to discuss parking issues and just wanted to get moving

Expert:  Jo C. replied 1 year ago.
Thanks for that.

What you need to do is ask for an oral hearing before the Adjudicator and make clear that the attendant must attend to be cross examined. They will almost certainly drop the PCN. They might not do it immediately but a few days before the hearing it will be amazing if they do not. An attendant is more profitable to them on the streets issuing fines that giving evidence before an Adjudicator.

Its not appropriate to do that in every case. In a case like this though where the attendant has set down a falsehood in his notes then that should be an oral hearing.

Most of these things are a paper exercise where the Adjudicator just considers your written submissions. In this case thats not appropriate though because he has to prefer one account over the other.

To be wholly honest, it doesn't really make sense that he would hand the ticket to you. Attendants affix these things to the vehicle and take a photograph of it there to rebut exactly this defence.

If he is saying that he handed the fine to you then he will need some form of explanation for that as opposed to affixing it to the car in the normal way. He doesn't seem to be offering one.

One reason can be that a driver is making off but then the term 'handing' implies some acceptance on the part of the driver.

Its very unlikely to come to a contested hearing though. Even if you are in an area where a telephone hearing is offered, they will not want the attendant to spend time giving evidence.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63909
Experience: Over 5 years in practice.
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