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Jamie-Law
Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 1329
Experience:  Solicitor
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I received a penalty charge notice through the door by a

Customer Question

I received a penalty charge notice through the door by a local council, but there was no ticket produced on the car nor was there any photo evidence of my car being at the suggested location. I have written to the local council explaining that in Section 9 of the civil enforcement of parking contraventions general regulations (2007) it states
Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—
(a)by fixing it to the vehicle; or
(b)giving it to the person appearing to him to be in charge of the vehicle.
As none of these were completed and there is no evidence of the ticket ever being produced to me or attached to the vehicle, the penalty charge is void. I have now had the debt collectors knocking on the door, so I want to know where I legally stand and what I can do about it.
Submitted: 2 months ago.
Category: Traffic Law
Expert:  Jamie-Law replied 2 months ago.

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

Was it caught on CCTV do you know?

Customer: replied 2 months ago.
No, There were no CCTV cameras around.
Expert:  Jamie-Law replied 2 months ago.

Did you drive off before it was handed to you?

Customer: replied 2 months ago.
Expert:  Jamie-Law replied 2 months ago.

1. A PCN may be issued by post, for the very reasons that are highlighted in your post.
2. They have to issue this within 28 days.
3. You have 21 days to pay at the discount rate or 28 days to pay in full or make representations.

So sadly they can send it in the post. I know because I have personal experience.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
Thanks for your advice, Jamie. Just one thing to clarify. If there's no evidence of my vehicle being in the location, how can this be proven that my plates were not stolen or cloned or indeed it's actually my car? I haven't admitted to the council about being in the location etc.
Expert:  Jamie-Law replied 2 months ago.

You can try and raise that argument, but in reality do you think the Council or Adjudicator wont have heard this before?
They simply need to be satisfied, on balance, it was your car. So was it more likely than not.

Does that clarify?

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