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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I received a PCN some time ago. I have disputed the fine and

Customer Question

I received a PCN some time ago. I have disputed the fine and appealed against it and lost, i re appealled and had no further contact until i got a letter through my door from bailliffs, threatening me with removeing my goods etc. I explained to them that as far as i was aware this was an ongoing investigation. I then got back in touch with the council and explained that i had asked for time and date stamped photographs, which i presume is law. The person at the council then informs me that they have NO time and date stamped photo,s as the camera wasnt working properly?to prove what the contravention was wrong, i now think when my 1st appeal was allegedly looked at that this should have been rescinded immediatly and all other PCN's issued also whilst this camera was fixed and working in accordance with the law
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you complete the notice to owner form please?

JACUSTOMER-pgrgjxfd- :

Sorry dont know what that is

Alex Watts :

You had the original ticket.

Alex Watts :

You wrote to appeal to the Council?

Alex Watts :

Did you then get a Notice to Owner?

JACUSTOMER-pgrgjxfd- :

I had a yelow envolope put on my car, there was nothing in my envelope and told the council person this, he says he could reassure me that there was a pcn in there, thats when i asked for TIME and date photo, s which i have never recived

Alex Watts :

Did you ever write to the Council?

JACUSTOMER-pgrgjxfd- :

Yes on 3-4 occassions all on my PC and their response

Alex Watts :

You have all the letters? Their responses say they are looking into the matter?

JACUSTOMER-pgrgjxfd- :

No they are saying that this a final result and i must now payover£400 , the bailiffs are threatening me with removal of goods etc, i work on privatly owned car parking and the law states that we must have time and date stamped photos. The council person has admitted to me that the camera was not working correctly at this time and they do not have time and date stamped photos, I have a e-mail from the council person clearly stating this

JACUSTOMER-pgrgjxfd- :

I have also asked about the signage in this area, he says they do not have photo,s but he can insure me that the signage was correct on this time date and place, how when they do not have photos can he say this??

JACUSTOMER-pgrgjxfd- :

Also what about all the other people who had a pcns when the camera "wasnt working properly"

Alex Watts : Once they turned this down did you ever get another form?
Alex Watts : Did you go to an adjudicator ?
JACUSTOMER-pgrgjxfd- :

No i felt i was left out to dry, i wa told that i had lost my 1st appeal then i re-appealed by e-mail, did not hear anything back until i started to get bailliffs letters some 2 months ago. I informed the bailliffs that this was adispute, they said they could not get involved, then over the weekend i get a final notice to pay or else from them??

JACUSTOMER-pgrgjxfd- :

If i receive an appeal from the PCN company we use, the first thing i check for is the photos, if these are not correct we cannot procede further

Alex Watts : Hold on its a company or council ticket ?
JACUSTOMER-pgrgjxfd- :

Council ticket

Alex Watts : Ok. You should have got a notice to owner. If not then what you need to do is make a statutory declaration. That is you have to go to court and declare you had no knowledge of the legal proceedings. If accepted then the matter will be set aside and you will have the opportunity to appeal formally and take it to an adjudicator
Alex Watts : So that is what you need to do. Make a statutory declaration
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-pgrgjxfd- :

How do i go to court and ask these questions? can knowone tell me wether, by law they need time and date stamped photos????? as if they do not this alledged offence could have been anytime

Alex Watts : You simply need to phone the court and ask to make a stat dec
Alex Watts : that is it, nothing else.
Alex Watts : it sets it aside
JACUSTOMER-pgrgjxfd- :

Is that local magistrates court

Alex Watts : Usually county court
JACUSTOMER-pgrgjxfd- :

The citizens advice line states"by law the pcn must be issued within 28 days of when the traffic warden saw thwe parking rule was brokenOR IT WAS CAUGHT ON CAMERA"

Alex Watts : Indeed.
Alex Watts : but that is why you need to make a stat dec then appeal
Alex Watts :

You have rated BAD SERVICE?

Alex Watts :

I have told you that you need to make a stat dec at the County Corut

Alex Watts :

That sets the whole thing aside

Alex Watts :

What else is it you would like to know?

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