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Every day, real CEOs issue tickets they know are not enforceable (normally under duress from their bosses). Is this not a criminal offence too?
The content of the 'Skeleton Argument suggested, and on his own admission Mr. Mehta accepted, that he was neither wholly familiar with parking law, nor au fait with the specific issues leading to the Adjournment
The list of PCN's above discloses the practice of some CEO's who don't issue PCN's. They falsely state that they have fixed them to the vehicle or even handed them to the driver but they have not done so.This has the effect of denying the recipient the opportunity of effectively challenging the PCN. When the Notice to Owner arrives this is the first the recipient knows about the alleged contravention. Gathering evidence in support of an appeal is also then made more difficult. This is also the case with alleged contraventions that are captured by CCTV. There have even been cases where even though a CEO has taken a photograph of a PCN stuck to a windscreen it has not been issued. After affixing and photographing it in situ the CEO then removes it.Some CEO's do this for the reasons above and also to avoid being confronted by the recipient further down the road.
I can't access any of the cases highlighted above, but I would suggest that some of the appellants may be being a little 'economical with the actualite'. I personally cannot see the point of photographing the vehicle with the PCN attached, and then removing it, however, if there is admissable evidence that this has occurred then the CEOs allegedly responsible should indeed be held to account before the Criminal Courts.
"Every photo is date stamped via the camera so if a PA come across any vehicle offending they could set the camera 10 minutes or so fast - log the details in of the vehicle, slap an empty ticket bag on the car and take photo's to look like it's been ticketed, remove the bag and note the tax details etc before walking away. The driver returns and assumes he's okay coz he was only gone a few minutes and there's no ticket. About 10 minutes later somewhere out of sight, the PA prints out the ticket and bins it !!! Because the camera time is 10 mins fast it coincides with the PDA time and ticket - if the driver appeals, the photos are there which show the ticket on the car."
This appeal concerns an incident in Worsopp Drive on 2 June 2010. Mr XXXXXXX's driver was stopped to make 2 deliveries. As the driver returned to the vehicle he noticed a Civil Enforcement Officer in the vicinity of the vehicle, but who then departed on his pushbike. The driver found an empty Penalty Charge Notice jacket attached to the vehicle.
I therefore direct that he London Borough of Lambeth pay to Mr XXXXXXX the sum of £23.55 forthwith.
The authority's case is that the Appellant's vehicle was parked in a restricted street during prescribed hours when in Lillieshall Road on 12 February 2009 at 09.54. The Appellant's case is that their vehicle was parked with permission of a Civil Enforcement Officer to collect an animal, and that the Officer did not put the Penalty Charge Notice in the plastic envelope that was attached to the Appellant's vehicle. I find the Appellant's evidence to be credible and convincing. I have considered the evidence in this case I find, on the balance of probabilities, as a fact, that the Penalty Charge Notice was not placed in the plastic envelope that the Civil Enforcement Officer attached to the Appellant's vehicle. The Civil Enforcement Officer has noted that the driver of the vehicle was seen and I find it highly unlikely that the Penalty Charge Notice could have been removed or lost due to the weather. Further, I am satisfied that the Appellant's vehicle was parked for the purpose of collecting an animal with a Civil Enforcement Officer permission. The appeal is allowed.
Again there is no reason for the appellant to lie regarding the empty pcn envelope as the appellant'svehicle had a valid exemption to park where it was, as pointed out by the adjudicator.
Quote from: blackadder on 06 May, 2012, 11:40:42 AMAgain there is no reason for the appellant to lie regarding the empty pcn envelope as the appellant'svehicle had a valid exemption to park where it was, as pointed out by the adjudicator.That much should be obvious. An appellant found to be lying faces a criminal conviction. A weasel found to be lying faces, worst case scenario, a judgement of 'appeal allowed.'
A contravention can occur if a vehicle is parked in an on-street parking bay during controlled hours whilst displaying an invalid permit or voucher. There is no dispute that Miss XXXXXX's vehicle was at this bay in Chillingworth Road, as shown in the photographs/digital images produced by the Enforcement Authority. Miss XXXXXX says that she bought a pay and display voucher from the machine, put it in the vehicle widescreen before she then went to her doctor's surgery across the road. Miss XXXXXX continues that, only when she was approached by two men on her return to the vehicle did she then realise that the pay and display voucher she had obtained appeared to be timed some seventeen hours earlier, which meant it showed the previous day. Miss XXXXXX and her mother also say that there was no Penalty Charge Notice on the vehicle. Regulation 9 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 provides that where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice by fixing it to the vehicle or giving it to the person appearing to him to be in charge of the vehicle. In this case, the civil enforcement officer records that the Penalty Charge Notice was fixed to the vehicle. Some of the images produced appear to show an envelope, of a type in which Penalty Charge Notices are typically placed, on the windscreen of the vehicle. Miss XXXXXX is adamant that when she returned to her vehicle there was no Penalty Charge Notice on. This would not of itself mean that it was not properly issued. However, Miss XXXXXX explains that she was approached by a taxi driver and his passenger and was told that they had seen the civil enforcement officer put 'a ticket' on the windscreen, take pictures, and then remove it. This is a not unknown occurrence. Miss XXXXXX has produced a witness statement from Mr X XXXXXX, whom she did not know, confirming all this. I have had the opportunity of hearing Miss XXXXXX and her mother personally and find them each to be a credible and convincing witness. I accept what they tell me. I also accept the witness statement from Mr XXXXXX. Considering carefully all the evidence before me, I am not satisfied that, on this particular occasion, the Penalty Charge Notice was properly issued. Accordingly, this appeal must be allowed.
"Miss XXXXXX explains that she was approached by a taxi driver and his passenger and was told that they had seen the civil enforcement officer put 'a ticket' on the windscreen, take pictures, and then remove it. This is a not unknown occurrence.Miss XXXXXX has produced a witness statement from Mr X XXXXXX, whom she did not know, confirming all this."I think that this confirms which side was lying in this case and in others.
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