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#Post#: 4450--------------------------------------------------
PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: dan-75
Date: September 6, 2023, 1:39 am
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This PCN was received for 'stopping in a bus stop'
The vehicle never stopped but slowly drove through in order to
park in a marked bay outside some shops.
Its a very grainy video filmed from a camera van which drove
past at some speed. Each frame of the video appears to show the
vehicle moving through the bus stop.
Representation has been made pointing out the fact that the
vehicle was in fact moving as the video shows. This
representation was rejected by the council so think the case
needs to go to adjudication.
Any helpful defence comments gratefully received! Thank you.
Details here:
HTML https://imgur.com/a/3kFOrX8
#Post#: 4467--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 6, 2023, 4:46 am
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We need to see the video to give better advice but to start
paragraph 6 of page two has no basis in law and is prejudicial
to you rights. No time is stipulated for asking to view the
video or have stills sent to your address. It might be you want
to do this after a representation before you consider an appeal
to the tribunal and the law would allow that
#Post#: 4481--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: dan-75
Date: September 6, 2023, 7:47 am
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Thanks Pastmybest. Interesting to know.
Please click on the link for the incredibly dubious 'evidence'
HTML https://imgur.com/a/2rn8YMT
[attachment deleted by admin]
#Post#: 4486--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 6, 2023, 9:55 am
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Ridiculous. Can we see the representation and rejection. You are
right this should be taken to adjudication
#Post#: 4516--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: guest17
Date: September 6, 2023, 3:31 pm
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HTML https://goo.gl/maps/U8onYYQZjMmP5KjH9
As I said on Pepipoo they have used the wrong legislation --the
2007 Regs are defunct. Secondly, I have reservations that
drive-by footage is acceptable. If the van is facing the camera
car and according to the OP in motion then how is a "stopping"
contravention established?
(Does the video show the driver?)
Mike
#Post#: 4544--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: DancingDad
Date: September 7, 2023, 4:00 am
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As said, wrong legislation and a prejudicial time limit on
viewing the video.
They cannot enforce against legislation that does not exist.
While viewing online is fine and will often be accepted by
adjudicators as an acceptable alternative to the viewing at an
office of your choice, the imperative of must within 14 days is
adding time limits not legislated.
Those two points alone should be enough to win at adjudication.
When you add in a particularly bad drive by video that totally
fails to establish that the vehicle was stopped and it is
difficult to see how you can lose.
Can we see the reps and Notice of Rejection please
#Post#: 4548--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: H C Andersen
Date: September 7, 2023, 5:29 am
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OP, the vehicle is commercial, Topiary Hire (hire as in
greenery, not vehicle hire), and therefore the PCN is addressed
to the company(even though we cannot see this).
We need to establish your status in this because only the
company, effectively an authorised person on their behalf, may
make reps and appeal to the adjudicator. But it cannot be you in
your name, always the company's.
#Post#: 4622--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: dan-75
Date: September 8, 2023, 6:26 am
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Yes, I am the Authorised person.
The PCN is addressed to my company.
I cannot find my written representation, but basically I said:
"The PCN should be cancelled as the vehicle pulled over to
slowly drive into a free parking space outside a row of shops.
It is quite obvious the vehicle can be seen moving in the video,
against a fixed street scene. It also shows the driver in the
vehicle.
As this is not the first time your organisation has attempted to
blatantly defraud our company of funds, an invoice will be sent
directly to your offices for our time. Additionally, your head
of Parking Mr ****** and the operator of the camera vehicle will
be reported to the Police for investigation of the charge of
Misfeasance in Public Office, and breach of the Fraud Act"
As I have had enough of tickets without any merit whatsoever,
they have been sent an invoice. Its time to make a stand. A
simple County court claim can follow on that one if they fail to
pay. Pay dont pay, it doesnt bother me, but If everyone did the
same it would collapse their extortion racket through sheer
weight of paperwork.
Their retarded response appears in the link below.
HTML https://imgur.com/a/hYQPo8E
#Post#: 4631--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 8, 2023, 8:12 am
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That made me laugh, would you like me to draft an appeal for you
#Post#: 4637--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: DancingDad
Date: September 8, 2023, 9:13 am
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Ye gawds !!
The NOR wording is enough to win it for you.
They do not say you were stopped but that what you were doing
was likely to include a stop.
In other words, we are penalising because we think you stopped
but cannot show the stop.
I would be including exactly what they say and that likely to
stop does not mean stopped.
I would also be considering costs.... continuing enforcement on
a whim, likely to stop, is simply having a laff.... or wholly
unreasonable and frivolous to use the proper vocablary
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