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#Post#: 9898--------------------------------------------------
Enfield, Missing windscreen PCN, code 27, Parked in special
enforcement area, Princes Avenue
DIR By: RW33
Date: November 12, 2023, 7:12 am
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I have received this NTO from Enfield Council regarding a
parking offence allegation where the driver parked slightly
beyond the kerb (link to Google Map location below). The alleged
offence occurred on 20/09/2023. I received the NTO dated
24/10/2023. This delay happened because the driver did not
notice any windscreen PCN when they arrived later next day, as
it wasn't there. The enforcement pictures indicate that the PCN
was placed under the wipers and not stuck to the windscreen
(picture 8 & 9 linked below). In other words, there was no PCN
when the driver drove off next day and I wasn't aware of
anything until the NTO arrived. There were storms and bad
weather which could have contributed to loss of the PCN later
that day. As the PCN wasn't challenged or paid by the 28 days
following the original PCN, the authorities have raised the fine
to the full amount of £130.00.
Also, Princes avenue does not have parking restriction along the
entire road except a small area at the junction between Green
Lanes, and in front of the gates which relate to this PCN.
My question is -
a) Can I challenge this PCN by any means (flaws, etc.). I am
aware there are some flaws in Enfield Council PCNs, particularly
around payment method. But this is an NTO, so not sure if the
flaw applies to this as well?
b) If this PCN cannot be challenged and the penalty has to be
paid, thereby accepting liability, is it possible to argue that
the notice did not arrive on time due to the fact that the
driver did not notice the PCN as it wasn't stuck to the
windscreen (see picture 8 & 9) possibly due to bad weather.
c) If all else fails, can I at the least argue because of the
above circumstances, I am not at fault for not noticing the PCN,
hence the original lower penalty charge is something that I am
happy to pay?
I don't have very long till the 28 days from the date I received
this NTO, and the fine increases further. Any help will be
greatly appreciated.
NTO page 1 -
HTML https://drive.google.com/file/d/1lNa4mkEVNZwHdk-zZ-l3E3sb186WhKUm/view?usp=share_link<br
/>
NTO page 2 -
HTML https://drive.google.com/file/d/1aS9LsHZ16dm6j9R0F2y8gomjzwV3Hjcr/view?usp=share_link<br
/>
NTO page 3 -
HTML https://drive.google.com/file/d/1zugeQ8_H7ZGbWk3Ytk4o_156uTt8aKhC/view?usp=share_link<br
/>
NTO page 4 -
HTML https://drive.google.com/file/d/1_ISGTQdxBtlMpFrK6mhXz_nXJVyuAOYc/view?usp=share_link
Google map street view location -
HTML https://maps.app.goo.gl/j1683dssuV8Ryx538
Pic 2 -
HTML https://drive.google.com/file/d/1ikN9WxmDmHYLKwTXCBQZntylTwD6VLsm/view?usp=share_link<br
/>
Pic 4 -
HTML https://drive.google.com/file/d/1TLSb70Zw1RMPj9XRiggmuk1YSLgmvMSj/view?usp=share_link<br
/>
Pic 8 -
HTML https://drive.google.com/file/d/1ul2Z_gWhsTY5k22Nx-7_9TrhSA4VuaM8/view?usp=share_link<br
/>
Pic 9 -
HTML https://drive.google.com/file/d/1X2kQ_z4afaza7S6z6faVXok5HCR6Gd5Y/view?usp=share_link
Pic 10 -
HTML https://drive.google.com/file/d/1jz4XgDp_lp_YzOqrfwa8woOEwybjlo37/view?usp=share_link
#Post#: 9922--------------------------------------------------
Re: Enfield, Missing windscreen PCN, code 27, Parked in special
enforcement area, Princes Avenue
DIR By: ivanleo
Date: November 12, 2023, 8:58 am
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The contravention is banged-to-rights:
HTML https://i.imgur.com/R3mohhW.jpg
HTML https://i.imgur.com/7zZBtia.jpg
HTML https://i.imgur.com/ybiFbn2.jpg
There have been cases allowed on the "not affixed" point, such
as Gbenga Ogunyemi v London Borough of Barnet (2190288340, 17
August 2019)
HTML https://drive.google.com/uc?id=1Kpltkbg9ubWzBYapa1BTPnvDVZHZ8IHd,<br
/>but from the photo above the PCN looks fixed enough to me.
If you write in simply asking for the discount to be reinstated
and explain that you didn't find the PCN on the car, then 9
times out of 10 the council will allow you to settle at the
discounted rate.
That being said, if you get a notice of rejection you might as
well post it on here, as it's more likely to be flawed than the
notice to owner. Most notices of rejection for parking cases
have the flawed identified in Shelley Sinclair v London Borough
of Lewisham (218033612A, 26 September 2018)
HTML https://drive.google.com/uc?id=1_vkg5vinbDUe1XU7LDo42IuNsgR4Kxc1.
#Post#: 10130--------------------------------------------------
Re: Enfield, Missing windscreen PCN, code 27, Parked in special
enforcement area, Princes Avenue
DIR By: RW33
Date: November 13, 2023, 7:23 pm
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Thank you. That was very helpful. Do you recommend I write back
to them to reinstate the discount by using the method indicated
for making a representation challenging the penalty charge?
#Post#: 10328--------------------------------------------------
Re: Enfield, Missing windscreen PCN, code 27, Parked in special
enforcement area, Princes Avenue
DIR By: ivanleo
Date: November 15, 2023, 1:53 pm
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--- Quote from: RW33 link ---
>
> Do you recommend I write back to them to reinstate the
discount by using the method indicated for making a
representation challenging the penalty charge?
>
--- End Quote ---
Yes, your only options are to make representations or pay, there
is no other course of action open to you.
Don't send anything in the post, make representations online at
HTML https://parkingservices.itsvc.co.uk/enfield/notices/
and keep a
screenshot of the confirmation page.
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