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Lack
of PCN and contradictory evidence (EL05011M) The appellant, issued with a PCN for parking without
displaying a valid pay-and-display ticket, appealed on the
ground that a ticket had been displayed and no contravention
had taken place or PCN served. The Adjudicator found that
the council had been incompetent in preparing the appeal evidence,
identifying the bylaw that had been breached or completing
the case summary. The evidence pointing to a contravention
was contradictory: the Parking Attendant's note recorded:
"AWC", to indicate that all windows had been checked, while
the Notice Details document stated: "All windows checked -
No". Furthermore, the appellant said that he returned to the
vehicle to find an empty PCN envelope attached, yet the council
did not address the question of whether a PCN had been served.
The appeal was allowed. Re-used
photographic evidence from a previous occasion (SS05278)
The appellant was issued with a PCN for parking in a car park
without displaying a valid permit in the required way and
challenged it on the ground that they had properly displayed
a valid permit. The council contested the appellant's challenge,
relying on photographs of the vehicle taken on a previous
occasion when a PCN had been issued. In their Notice of Rejection
of Representations, the council claimed that the photographs
demonstrated that the permit was not displayed in the required
way. The Adjudicator ruled that only evidence obtained in
relation to the alleged contravention could be used to prove
it and that all Adjudicators would reject any attempt by a
council to bolster its case by evidence pertaining to a previous
alleged contravention. The appeal was allowed.
