PCN how easy to dispute
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Discussion

michael_JCWS

Original Poster:

892 posts

286 months

Wednesday 23rd January 2013
quotequote all
Hi There,

I'm looking to a) vent b) seek guidance

I drop my children at breakfast club before school every day, I park in the zig zag lines as you are allowed to before 8:15am.

On the occassion in question I got back to my car and strapped my daughters in, to take them onto nursery, when doing this I saw a scamera car pull up on the other side of the road, I thought I was fine as it was just before 8:15.

I subsequently got a PCN through the post showing my car, with the interior light on, having just shut the door reversing, with a time stamp of 08:15:20.

I maintain I had moved on just before 08:15, as I always do and my cars DAB radio tells me the accurate time.

I have gone through the appeal process, what do you think my chance are ?

Cheers

Michael

Manks

28,176 posts

252 months

Wednesday 23rd January 2013
quotequote all
michael_JCWS said:
Hi There,

I'm looking to a) vent b) seek guidance

I drop my children at breakfast club before school every day, I park in the zig zag lines as you are allowed to before 8:15am.

On the occassion in question I got back to my car and strapped my daughters in, to take them onto nursery, when doing this I saw a scamera car pull up on the other side of the road, I thought I was fine as it was just before 8:15.

I subsequently got a PCN through the post showing my car, with the interior light on, having just shut the door reversing, with a time stamp of 08:15:20.

I maintain I had moved on just before 08:15, as I always do and my cars DAB radio tells me the accurate time.

I have gone through the appeal process, what do you think my chance are ?

Cheers

Michael
Slim. They have documented the time that you were there and the adjudicator will probably believe them unless you can prove that their clock was wrong.


HustleRussell

26,588 posts

190 months

Wednesday 23rd January 2013
quotequote all
I thought there was usually a 2 minute grace period, with pay and display situations at least?

michael_JCWS

Original Poster:

892 posts

286 months

Wednesday 23rd January 2013
quotequote all
Manks said:
Slim. They have documented the time that you were there and the adjudicator will probably believe them unless you can prove that their clock was wrong.
Not sure how I cold ever prove that their clock was out by 21 seconds ? Seems the odds are heavily stacked in their favour!

covboy

2,593 posts

204 months

Wednesday 23rd January 2013
quotequote all
michael_JCWS said:
Not sure how I cold ever prove that their clock was out by 21 seconds ? Seems the odds are heavily stacked in their favour!
Ask them how they calibrate their clocks

streaky

19,311 posts

279 months

Wednesday 23rd January 2013
quotequote all
Manks said:
michael_JCWS said:
Hi There,

I'm looking to a) vent b) seek guidance

I drop my children at breakfast club before school every day, I park in the zig zag lines as you are allowed to before 8:15am.

On the occassion in question I got back to my car and strapped my daughters in, to take them onto nursery, when doing this I saw a scamera car pull up on the other side of the road, I thought I was fine as it was just before 8:15.

I subsequently got a PCN through the post showing my car, with the interior light on, having just shut the door reversing, with a time stamp of 08:15:20.

I maintain I had moved on just before 08:15, as I always do and my cars DAB radio tells me the accurate time.

I have gone through the appeal process, what do you think my chance are ?

Cheers

Michael
Slim. They have documented the time that you were there and the adjudicator will probably believe them unless you can prove that their clock was wrong.
How is the vehicle shown to be reversing? In a video, or are the reversing lights on (in a still image)?

In passing, if the vehicle is reversing, one might wonder why the interior light is still on.

OP, you could ask for:

1) Dated evidence of calibration of the clock on the camera, against a reference time source, and if any such is a 'long' time ago, evidence from previous calibrations, of the slippage over time.

2) Video evidence of the offence - if you believe your vehicle was in motion before 08:15:00 (although, if their clock is accurate, 20 seconds is a long time to be moving in a yellow zigzag area).

If applicable, you could also consider an appeal based upon the unlawfulness of the collection of your Personal Data. See the first section of this thread for the background. What signage is there? If so, does it indicate that the area is subject to CCTV and provide a reason for this? Where was the scamera car? What signage does it have? Is the signage compliant with the ICO's COP on CCTV?

Streaky

bigandclever

14,406 posts

268 months

Wednesday 23rd January 2013
quotequote all
michael_JCWS said:
...my cars DAB radio tells me the accurate time.
That's not necessarily true, weirdly.

support.Pure FAQ said:
Question...

Why is the DAB radio clock is showing the wrong time?

Answer...

You may notice variations in the clocks displayed on Pure DAB radios. Variations in time can be attributed to many events such as encode time (at broadcast) and decode time (at the radio). You may even find multiplexes broadcasting slightly different times, so you will often see the clock shift when you move around stations.
The way it works is the radio looks at the time broadcast once every hour (from the moment it was first turned on), and makes any adjustments to the radio display time at that point. For the other 59 minutes of the hour the radio runs a software clock independent of the broadcast. If the broadcast is not found on the hour check (e.g. the multiplex is off air), the radio will keep running its software clock until the multiplex reappears, and once it reappears the radio will automatically change its clock to meet the clock broadcast time to the nearest minute. It's this adjustment of to the nearest minute which causes variations to be seen between different radios - even when listening to the same multiplex.
You may see variances in the time displayed on your radio - but you should never see variances of more than a couple of minutes.
http://support.pure.com/kb_article.php?ref=1771-EYCN-7949

Obviously, I'm not saying your clock is wrong, just pointing out it's not unknown for them to be less than spot on.

michael_JCWS

Original Poster:

892 posts

286 months

Wednesday 23rd January 2013
quotequote all
for the sake of £55, it sounds like it may just be better to take it on the Chin frown

mgtony

4,217 posts

220 months

Wednesday 23rd January 2013
quotequote all
michael_JCWS said:
for the sake of £55, it sounds like it may just be better to take it on the Chin frown
It doesn't cost nothing to appeal it. You may be surprised as you're arguing over seconds not minutes. You might get a letter back stating "on this occasion" they've cancelled the ticket.

Devil2575

13,400 posts

218 months

Wednesday 23rd January 2013
quotequote all
mgtony said:
It doesn't cost nothing to appeal it.
Meaning it costs something?

Dwight VanDriver

6,583 posts

274 months

Wednesday 23rd January 2013
quotequote all
Respond to the ticket by writing in and explaining your reason for contesting the ticket on the timing.

If they are benevolent they may cancel the ticket. If not they will advise you so.

Now do nothing as if the fee is not paid in 28 days they will send a Notice to Owner.

On receipt of this again write in your objection to the ticket (Ok so its duplication but it is how the system works)

They either accept and cancel the ticket or send a Notice of Rejection of Submission.

This Notice will outlined how you appeal to the Parking Adjudicator and do so - the system is free - nothing ventured nothing gained.

dvd


mgtony

4,217 posts

220 months

Wednesday 23rd January 2013
quotequote all
Devil2575 said:
Meaning it costs something?
A stamp!

Manks

28,176 posts

252 months

Wednesday 23rd January 2013
quotequote all
mgtony said:
Devil2575 said:
Meaning it costs something?
A stamp!
And the opportunity cost of one's time.

blueg33

46,718 posts

254 months

Wednesday 23rd January 2013
quotequote all
Devil2575 said:
Meaning it costs something?
Sadly for the English language I believe that double negatives are now considered to be acceptable.

Disappointing IMO, or as Victor Meldrew would say "I don't not believe it isn't happening"

Snowboy

8,028 posts

181 months

Wednesday 23rd January 2013
quotequote all
Interesting.
I thought zig zags were no parking at all ever.
Not just after 8:15.
I may have to go check this.

kowalski655

15,232 posts

173 months

Wednesday 23rd January 2013
quotequote all
Councils will often, if they fk up, claim the mistake is only minor so doesn't count-de minimis. So turn his against them, say the infraction is so minor that it is de minimis.

mgtony

4,217 posts

220 months

Wednesday 23rd January 2013
quotequote all
Snowboy said:
Interesting.
I thought zig zags were no parking at all ever.
Not just after 8:15.
I may have to go check this.
Yellow zig-zags outside schools, nearly always timed.

Snowboy

8,028 posts

181 months

Wednesday 23rd January 2013
quotequote all
Just investigated.
Yep, there should be a sign showing the active times.

I'd suggest a photo of the sign and the letter sent back to them asking for it to be cancelled

Point out that ut's just 20 seconds.

michael_JCWS

Original Poster:

892 posts

286 months

Wednesday 23rd January 2013
quotequote all
I have contested this via Kingston gov online process. so we shall see

The sign says no parking between the hours of 08:15-18:00 monday to Friday excluding bank holidays.

I also note that the letter says I was observed at 08:15 and that the authority believes I should be charged for contravention of 48J

Conincidently the camera car would also have to have been illegally parked to take the picture !

joewilliams

2,004 posts

231 months

Wednesday 23rd January 2013
quotequote all
We've had a PCN cancelled "on this occasion" after challenging the accuracy of the clocks on the ticket machine & warden's handheld device.