2120093904
"The Appellant explained, in detail, the circumstances relating to the incident including the assurance received as to not being 'in trouble' for her manner of parking to obtain directions, immediately upon receipt of the Penalty Charge Notice. The Appellant reiterated the same, with more detail, at the Hearing; I found the Appellant's oral evidence to be cogent and credible and I accepted it in its entirety.
The evidence upon which the Enforcement Authority rely comprises the certified copy Penalty Charge Notice together with photographic evidence: CCTV footage which corroborates the facts with regard to the manner of positioning of the said vehicle and the walking toward the CCTV operative with an address in her hand, as described by the Appellant, who is then seen to return to the said vehicle and immediately drive away.
After close questioning, I am satisfied that the Appellant had placed reliance upon the assurance received from the Enforcement Authority's representative and that the receipt of a Penalty Charge Notice was contrary to the legitimate expectation extended
Further, the Appellant produced to me at the Hearing, a Charge Certificate that was issued to her on 28 th February 2012. At that time this Appeal was already pending, since it was scheduled on 21 st February 2012. The Charge Certificate informs the Appellant that the penalty is increased, threatens enforcement action through the courts if it is not paid, and states that it is now too late to challenge the issue of the Penalty Charge Notice
Issued as it was issued whilst the Appeal was pending, this is an entirely unlawful demand for money, coupled with the threat of court action, which I find to be a procedural impropriety on the part of the Enforcement Authority."
It sounds as if the driver approached the $car spoke to the operator and was informed that she was not getting a ticket. He then issued a ticket.
