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#Post#: 81279--------------------------------------------------
Parked on double yellow but drove away before being served Pcn
on windscreen
DIR By: Mocede28
Date: July 16, 2025, 9:44 am
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Hi all
I remember on the 03/07/25 partially parked on kerb on double
yellow lines. I was with a disabled passenger so he used his
badge and said it’s ok to park like this (my fault really being
the driver).
Upon returning to vehicle CEO officer was writing up a Pcn
however ceo said I would have been fine with the blue badge on
yellows but because I parked with two wheels over the kerb that
was the contravention. I personally don’t use a blue badge so I
didn’t know. He signalled me to drive off so I did.
Today I received this Pcn via post. I logged online with the
details to view evidence there is only 2 pictures and shows no
contravention and it’s not clear to see registration. I’ve
attached the letter and the 2 pictures.
Do I have a good chance of winning challenge? Can someone help
me with drafting please. Also I noted when online in the council
Pcn portal it shows informal challenge for windscreen Pcn with
the discount offer reapplied if rejected and representation for
Pcn served via post but no mention of discount offer reapplied
if rejected. This is of course if challenged within the 14 days.
Thanks all.
[attachment deleted by admin]
#Post#: 81285--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: stamfordman
Date: July 16, 2025, 10:07 am
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Pictures aren't needed for parking PCNs.
The key fact is, did you prevent the PCN from being served on
the car or given to you and it seems not if the CEO indicated
you could leave.
Can you recall the exact exchange of words?
We know Scotland has introduced a footway parking ban - is t now
in force in Wales or maybe just some cities?
You would have been OK if you'd kept on the carriageway and
displayed BB and parking clock.
#Post#: 81310--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: July 16, 2025, 11:41 am
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I did read ban is not effective in wales yet.
Exact exchange of words was after ceo telling me I would have
been just fine on the yellows with blue badge, there was no need
to partially park on pavement. I said there is no ticket on my
vehicle at the moment can I just drive off right now and he
nodded yes with his head and thumbs up with his hand. I thought
he was being so nice letting me get off the hook totally.
#Post#: 81312--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: July 16, 2025, 11:46 am
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I should have just stayed on the carriageway I pulled up onto
the pavement to make it easy for a lorry or big truck to pass. I
can’t believe karma I was helping a friend that day who has
health complications. Oh well it’s what it is.
#Post#: 81318--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: July 16, 2025, 12:07 pm
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I have a draft ready as follows below but would appreciate any
edits, further input and advice. Thanks in advance.
Dear Cardiff Council Parking Services,
I am writing to challenge PCN [insert PCN number] issued to
vehicle [your registration].
I have reviewed the evidence provided via your online portal.
The two photographs do not show my registration plate at all –
it is completely illegible due to glare and image quality. As a
result, there is no evidence linking my vehicle to the alleged
contravention.
Furthermore, the images do not demonstrate any contravention, as
there is no unique identifier to confirm that my vehicle was
parked in breach of the restrictions. The Traffic Management Act
2004 and statutory guidance require that a postal PCN is
supported by clear evidence. In this case, the evidence is not
sufficient to identify the vehicle or support enforcement.
For these reasons, I request that this PCN be cancelled
immediately.
Kind regards,
[Your Name]
[Your Address]
[Your Vehicle Registration]
#Post#: 81323--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: H C Andersen
Date: July 16, 2025, 12:31 pm
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Penalty charge notices – service by post
10.—(1) An enforcement authority may serve a penalty charge
notice by post where—
....
(c)a civil enforcement officer had begun to prepare a penalty
charge notice for service in accordance with regulation 9, but
the vehicle concerned was driven away from the place in which it
was stationary before the civil enforcement officer had finished
preparing the penalty charge notice or had served it in
accordance with regulation 9,
Evidence of contravention
6.—(1) In respect of a parking contravention, a penalty charge
must not be imposed except on the basis of—
.... or
(b)information given by a civil enforcement officer as to
conduct observed by that officer.
So forget the blurred images etc. etc. arguments. At face value
the CEO information is obviously that they observed conduct etc.
and began to prepare a PCN.
Your only defence on this point is that a PCN wasn't being
prepared for service and this would be consistent with your
claim that the CEO effectively forgave the contravention (by
engaging in conversation and waving you off) and did not prepare
a PCN.
#Post#: 81325--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: stamfordman
Date: July 16, 2025, 1:24 pm
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A trial footway parking ban zone was set up in City Road in 2021
- I presume it's been made permanent.
HTML https://www.bbc.co.uk/news/uk-wales-57156585
#Post#: 81327--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: July 16, 2025, 1:42 pm
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“Your only defence on this point is that a PCN wasn't being
prepared for service and this would be consistent with your
claim that the CEO effectively forgave the contravention (by
engaging in conversation and waving you off) and did not prepare
a PCN.”
This makes sense and in turn invalidation of Pcn served via
post.
I wonder what the ceo’s notes says on their system, not sure if
I can view before challenging?
I know for fact the ceo was genuinely kind to me at that moment.
I’m assuming he blurred the picture somehow to help me even tho
that doesn’t matter now. Also my car on the road seems
15-20meters ahead of where I actually parked. I think he was
trying to cover his own back since he started this Pcn.
Should I just pay the Pcn since I’m trapped and my argument is
weak.
#Post#: 81349--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: fraser.mitchell
Date: July 16, 2025, 4:49 pm
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Let's face it, the CEO was being mendacious. As far as one can
tell from your narrative, you had a conversation with him who
appeared to be preparing a PCN, but did not serve it, and said
you could drive off. So you drive off with the expectation that
the CEO had decided not to serve a PCN, yet one turns up in the
post.
The Traffic Management Act 2004 introduced the process for
dealing with "driveaways" when a CEO had started to prepare a
PCN but the driver drove off, preventing service. Here, service
was not prevented, you spoke to the CEO who had ample
opportunity to serve a PCN, so service of the postal PCN was
unlawful. You should therefore submit representations on that
basis, namely the CEO was not prevented from serving the PCN, as
you drove off when the CEO said you could.
#Post#: 81383--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: July 17, 2025, 3:48 am
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Yes I’m starting to believe ceo was mendacious unless he was new
on the job or something.
I really do want to submit representations as you and Anderson
mention ceo was not prevented from serving Pcn and this is my
only option of defence alresdy mentioned by Anderson.
I’m guessing there is no way to view ceo notes unless
representations are submitted ?
The Letter Tells the CEO’s Account it says:
“The Civil Enforcement Officer observed your vehicle parked in
contravention, began preparing a penalty charge notice, but
before it could be served you drove away. As a result, the PCN
is being served by post under Regulation 10…” This means the
CEO’s notes almost certainly say exactly that.
(The letter is basically quoting from the CEO’s official log or
pro-forma notes.)
It all comes down to the fact that the law is written so that
the CEO’s word is enough unless you can prove otherwise. Am I
correct to assume If I challenge this Pcn, my ONLY procedural
defence will be the ceo bodycam? I don’t have any evidence. Body
cam evidence is obviously going to be deleted since ceo allowed
me to go? I mean a mendacious person will do this naturally.
1.CEO didn’t start PCN (no proof/just your word) Very low
success. Council/adjudicator will believe CEO’s notes
2.CEO notes are vague/inconsistent,
Moderate success. Only if you spot an error or contradiction
3.PCN Photographs blurry/no evidence, Very low success. Not
required, CEO evidence alone is enough
4.Mitigation/discretion. Very low success.
Only for emergencies or exceptional reasons
I appreciate everyone’s time in reading and helping me on this,
thank you so much guys. Im finding it difficult to decide based
on the above summary and my only option is 1.
Still got some time so will be wise to think more.
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