6 May 2014

a combined Notice to Owner / CPZ appeal

What Mr Mustard would really like to know and councils always play with cards held close to their chest is exactly why they decided to cancel a PCN. In this appeal the council said this was "due to a technical error" which could mean anything.

They also say that it doesn't affect the outcome of other PCN issued in similar circumstances. Mr Mustard doesn't believe that line at all.

This is what his representations said:

I act for Mr X of redacted address as attached authority.

They did not find the PCN on their car (this is not a representation) and now cannot remember why their car was on the road on 6 November 13 as it does not need to be as they have off street parking. The delay in issuing the Notice to Owner has prejudiced them and that is the ground of representation. Although the council legally has 6 months in which to issue it, there must have been some exceptional circumstances to explain the delay as to why the Notice to Owner was not issued within the 56 days that the Secretary of State has stated in their guidance.

Given that the PCN was not seen on the day my client cannot remember the route they took. The council are therefore required to prove that the zone was properly signed at all entry points, on the day in question, with the necessary zone entry signs.

The council cancelled the PCN on the same day which is unusual.

What may be useful to you is to use the same wording if you receive a Notice to Owner more than 2 months after the PCN and to also, if relevant, to ask the council to prove that the CPZ zone was properly signed (it only applies to single yellow lines that are not locally time plated) as it must be a nuisance to do that and the line of least resistance will be to cancel the PCN. being sent a map with crosses to mark where the CPZ entry signs are supposedly located is not proof of anything except where they are in theory. Some adjudicators might be swayed by such paperwork so to be sure, gather your own evidence. If you find one sign missing or facing the wrong way you can produce that evidence to PATAS at your Appeal hearing as proof that the council have not proved the zone was properly signed.

Try not to rely on one argument alone but if that is all you have argue it (politely) to the maximum.

Yours frugally

Mr Mustard

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