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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 81384--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: stamfordman
Date: July 17, 2025, 3:52 am
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You are over-thinking this. Just draft a polite, short challenge
putting your side of what happened, and saying there there are
no grounds to serve the postal PCN as service of a PCN was not
prevented.
#Post#: 81425--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: July 17, 2025, 7:38 am
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I do have a draft already to be edited accordingly before I
submit it as below:
Dear Cardiff Council,
I challenge PCN [number] issued to [vehicle reg] on [date].
Regulation 10 allows a PCN by post only if the CEO had begun
preparing the notice and was prevented from serving it because
the vehicle drove away.
In my case, the CEO had not started preparing a PCN. I spoke
directly to the CEO and asked if I could leave; the CEO agreed,
with no warning or indication that a notice was being prepared.
This does not satisfy Regulation 10, and the postal PCN is not
valid.
Please provide a copy of the CEO’s notes and any body-worn
video.
Yours sincerely,
[Your Name]
I’m just using up the allowed time to see if there is any other
possibilities of input. What do you think even if I submit the
above representation compared to summary 1?
CEO didn’t start PCN (no proof/just your word) Very low success.
Council/adjudicator will believe CEO’s notes
#Post#: 81440--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: stamfordman
Date: July 17, 2025, 8:31 am
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I would change the second paragraph to:
In my case, the CEO had ample opportunity to serve a PCN on the
car or hand it to me. Indeed, I spoke to the CEO and asked if I
could leave; the CEO agreed, and even pointed out that parking
fully on the carriageway with a blue badge is allowed there. He
gave no indication that a notice was being prepared. This does
not satisfy Regulation 10, and the postal PCN is not valid.
And leave out the bit about notes and video. If they reject and
you go to the tribunal you can speak to the adjudicator and they
will usually find for you if they can tell you are honest and
truthful.
#Post#: 86271--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: August 19, 2025, 6:12 am
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Hi all,
I have received a reply from the council and my above challenge
was rejected. Copy pasted below:
NOTICE OF REJECTION OF REPRESENTATIONS
The Traffic Management Act 2004
Date of Notice: 19 August 2025
Vehicle Registration: ……….
PCN Number: ………..Issued on: 15 July 2025
Contravention: Parked with one or more wheels on or over a
footway or any part of a
road other than a carriageway
Date of Contravention: 03 July 2025 Time of Contravention: 20:35
Location: City Road
I have considered your representations received in respect of
the above Penalty Charge
Notice. On this occasion I am satisfied that there are
insufficient reasons to cancel the
Penalty Charge. This letter explains the details of the penalty
issued, my reasons for
rejecting your representations and your options.
Take a moment to carefully read through ALL the sections in this
letter (listed
below) before you decide what to do next.
Under the Traffic Management Act 2004 the above vehicle was
served with a Penalty
Charge Notice for being parked with one or more wheels on or
over a footway or any part
of a road other than a carriageway.
I am satisfied that at this location there are regulatory signs
at the start and end of the
restriction, and that there were clear double yellow lines
present on the section of
carriageway over which you left your vehicle. The onus remains
firmly with the motorist to
comply with any restrictions in place and to park with
consideration to other motorists and
pedestrians.
I have noted your comments and can advise that those dropping
off or picking up blue
badge holders are permitted to park over a double yellow line
restrictions, as long as no
accompanying loading restrictions are also in force and the blue
badge and time clock set
at the time of arrival are clearly displayed. However at the
time the contravention was
observed your vehicle was also parked partially over the
pedestrian footway and this is not
permitted.
Footway parking is not only inconvenient and dangerous for
pedestrians, in particular
wheelchair users, those pushing prams, and/or walking with
children, but also causes
structural damage to the pavement and underlying infrastructure.
Therefore parking on the
pavement is not permitted at any time, and this includes those
displaying a valid blue
badge.
The booklet which accompanies the badge advises ‘ Do not park on
footways(pavements)
that cause obstruction to pedestrians.’ And also ‘Do not park on
a pavement unless signs
permit it.’ I am satisfied that signage at this location
indicated that pavement parking was
not permitted, and consequently that this Penalty Charge Notice
was issued correctly.
I have also noted the details of the conversation you state took
place with the issuing
Officer. I am however satisfied that the case notes indicate the
vehicle was first observed
in this position at 20.35hrs, and the PCN was initiated at this
same time. The driver then
returned to the vehicle, refused the PCN and drove away. I am
therefore satisfied that
there has been no procedural impropriety in this instance.
In view of the above, the decision has been made not to cancel
the Penalty Charge Notice.
The amount of £35.00 will be accepted only if payment is made
within 21 days from the
date of service of this letter. Once this period has expired the
full Penalty Charge of £70.00
will then be due.
The date of service will be two working days after the date of
issue of this letter, unless
proven otherwise.
Please note that a copy of this decision notice has been emailed
to you at the address that
was provided by you, when you submitted your initial appeal to
the Council.
It seems to me they are avoiding the fact of an invalid postal
pcn under regulation 10? I’m not comfortable with tpt appeal
they are so bad as a whole they rejected a previous appeal of
mine based solely on the fact that a contravention did occur.
Thanks in advance for any thoughts of advice at this point ?
#Post#: 86274--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: August 19, 2025, 6:19 am
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This part is pure cows muck “The driver then returned to the
vehicle, refused the PCN and drove away. I am therefore
satisfied that
there has been no procedural impropriety in this instance.”
I clearly asked him if I could drive off since no ticket on my
vehicle and he nodded yes with thumbs up. I said ok thanks and
drove off. This will ONLY be visible on the bodycam if it was
recording. Quite possible his thumbs up would show in it.
#Post#: 86281--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: stamfordman
Date: August 19, 2025, 7:39 am
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If you want to go on with this I wouldn't worry about video
evidence. Personal testimony by you will be heard by an
adjudicator..
#Post#: 86311--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: H C Andersen
Date: August 19, 2025, 9:51 am
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OP, can we get back to be contravention pl.
I am satisfied that at this location there are regulatory signs
at the start and end of the restriction, and that there were
clear double yellow lines present on the section of carriageway
over which you left your vehicle. The onus remains firmly with
the motorist to comply with any restrictions in place and to
park with consideration to other motorists and pedestrians.
This is a simple restriction imposed under a traffic order and
therefore signs are required.
We should see them and not focus exclusively on procedural
matters.
#Post#: 86320--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: peodude
Date: August 19, 2025, 10:28 am
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--- Quote from: stamfordman link ---
>
> 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
>
--- End Quote ---
OP, you also need to check whether a TRO (Traffic Regulation
Order) is actually in place after the trial period has ended.
Request it separately from the appeal from the council.
#Post#: 89815--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: Mocede28
Date: September 13, 2025, 1:37 pm
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Hi all,
I ended up paying the discounted fine £35. I did request
information from Cardiff council regarding traffic restriction
order on city road. I took my chance hoping they may get back to
me sooner while I’m still within the discounted rate period.
They are awful to deal with after endless calls to the council
chasing this up I am told they have a back log of requests and
the promised call back was never followed. Given this situation
and looking after my ill mother, I lacked the capacity required
to go ahead. Really want to say thank you to all of you who have
dedicated your valuable time to help me and guide me in this
process.
Thank you so much to all of you.
#Post#: 89825--------------------------------------------------
Re: Parked on double yellow but drove away before being served
Pcn on windscreen
DIR By: H C Andersen
Date: September 13, 2025, 3:16 pm
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No problem. Your money, your choice.
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