Appealing a PCN with a mistake on it - any lawyers etc???
Appealing a PCN with a mistake on it - any lawyers etc???
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CIS121

Original Poster:

1,273 posts

237 months

Wednesday 15th February 2012
quotequote all
I've been posted a PCN for stopping in a loading bay. I remember this - engine idling outside Sainsburys for a few minutes whilst my passenger bought headache tablets. Fair cop!

However, the PCN states my car is black (it's actually green in colour and on the V5). Would I be likely to win an appeal on the grounds of this mistake? They have CCTV evidence so could easily prove I did stop there.

snotrag

15,507 posts

235 months

Wednesday 15th February 2012
quotequote all
PCN = put it in the round file.

Dont phone, contact, or email them at all, to contest it or otherwise, just do nothing.

CIS121

Original Poster:

1,273 posts

237 months

Wednesday 15th February 2012
quotequote all
snotrag said:
PCN = put it in the round file.

Dont phone, contact, or email them at all, to contest it or otherwise, just do nothing.
This would ultimately end in a court order, a big fine and quite a mess.

Any lawyers or people in the know - is a minor mistake like a vehicle colour a valid reason to dispute a PCN issued by a Council?

blueg33

44,917 posts

248 months

Wednesday 15th February 2012
quotequote all
Are you certain it was issued by the Council? A supermarket would normally have its loading bay on private property and enforce parking infringements using their own contractors.

I don't think the colour will get you off the hook. If its council issued the warden has probably taken a pic of the reg plate, and would argue that in some lights green can look black etc.


snotrag

15,507 posts

235 months

Wednesday 15th February 2012
quotequote all
Woah hang on, so were singing from the same hymm sheet - I'm fully aware that a proper, 'parking ticket' issued by the council is NOT something that goes in the bin...

But 'PCN would refer to the classic 'Parking Charge Invoice' as issued by 'car park security r-us' or suchlike...?

Are we talking about a proper, Warden issued parking ticket, or one of these private firms sticking bits of paper onto your car...?

CIS121

Original Poster:

1,273 posts

237 months

Wednesday 15th February 2012
quotequote all
blueg33 said:
Are you certain it was issued by the Council? A supermarket would normally have its loading bay on private property and enforce parking infringements using their own contractors.

I don't think the colour will get you off the hook. If its council issued the warden has probably taken a pic of the reg plate, and would argue that in some lights green can look black etc.
Yes, it is Wandsworth Council. It's a side street Magdalen Road in Earlsfield and is outside a small local local Sainsburys.

That makes sense - I've obviously done wrong so it's a fair cop, just annoying as I had no idea and I'm a stickler for abiding by road rules.

Meoricin

2,880 posts

193 months

Wednesday 15th February 2012
quotequote all
CIS121 said:
I've been posted a PCN for stopping in a loading bay. I remember this - engine idling outside Sainsburys for a few minutes whilst my passenger bought headache tablets. Fair cop!

However, the PCN states my car is black (it's actually green in colour and on the V5). Would I be likely to win an appeal on the grounds of this mistake? They have CCTV evidence so could easily prove I did stop there.
If they can prove that you committed the offence, then why do you think they'd let you off? Also, as above posters have said - it's definitely a council ticket?

jamei303

3,043 posts

180 months

Wednesday 15th February 2012
quotequote all
CIS121 said:
I've been posted a PCN for stopping in a loading bay. I remember this - engine idling outside Sainsburys for a few minutes whilst my passenger bought headache tablets. Fair cop!
Surely that's "loading"?

CIS121

Original Poster:

1,273 posts

237 months

Wednesday 15th February 2012
quotequote all
snotrag said:
Woah hang on, so were singing from the same hymm sheet - I'm fully aware that a proper, 'parking ticket' issued by the council is NOT something that goes in the bin...

But 'PCN would refer to the classic 'Parking Charge Invoice' as issued by 'car park security r-us' or suchlike...?

Are we talking about a proper, Warden issued parking ticket, or one of these private firms sticking bits of paper onto your car...?
It's a PCN - an abbreviation I was using to refer to Penalty Charge Notice. It was issued by Wandsworth Council. Apologies, we both seem to have got crossed wires here!

CIS121

Original Poster:

1,273 posts

237 months

Wednesday 15th February 2012
quotequote all
jamei303 said:
Surely that's "loading"?
In my eyes it is, but I suspect the formal definition of loading is related to good vehicles on a delivery to a premises served by that loading bay, rather than my partner loading up with Aspirin :-)

snotrag

15,507 posts

235 months

Wednesday 15th February 2012
quotequote all
Yup, apologies -

The privately issued one I got once was a Parking Charge Notice... hence the confusion of what I thought PCN was referring to.


In which case - I'd suggest pay it.

My Dad has contested a 'proper' parking ticket once, on a similar technicality, and the only thing acheived was a doubling of the fine.

Robb F

4,614 posts

195 months

Wednesday 15th February 2012
quotequote all
I would ask them to define 'Loading'

snotrag said:
In which case - I'd suggest pay it.

My Dad has contested a 'proper' parking ticket once, on a similar technicality, and the only thing acheived was a doubling of the fine.
In my experience (could change between councils) when a penalty is under appeal, the payment window for "50% off" gets frozen, so you would not affect the amount of fine payable.

Edited by Robb F on Wednesday 15th February 12:21

tjlazer

875 posts

198 months

Wednesday 15th February 2012
quotequote all
Best of searching the sites like pepipoo for answers. I escaped a bus lane charge on the basis the form of notice was incorrectly stated, but that relates to the actual prescribed legal form of the notice rather than a error in the details of the vehicle. Had to take it all the way to the appeal board - 6 months or so! The council submitted about 100 pages or so evidence, I sent a one page letter. Thrown straight out. Utter waste of councils time and money...

tjlazer

875 posts

198 months

Wednesday 15th February 2012
quotequote all
snotrag said:
Yup, apologies -

The privately issued one I got once was a Parking Charge Notice... hence the confusion of what I thought PCN was referring to.



In which case - I'd suggest pay it.

My Dad has contested a 'proper' parking ticket once, on a similar technicality, and the only thing acheived was a doubling of the fine.
They should suspend the notice until the appeal is resolved, it might vary according to which lbc it is but Richmond notices allow you to take the discount rate rather rhan full whack on conclusion of the appeal as long as you hit the deadlines. Always worth a challenge I think, the form is usually wrong on one technicality or another...

CIS121

Original Poster:

1,273 posts

237 months

Thursday 16th February 2012
quotequote all
I've now photographed the site - I wasn't even in the waiting bay, but stopepd on double yellows.

My passenger got out for about 5 minutes, I waited behind the wheel and never left the car. The offence is:
parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force

I am guilty of stopping on double yellows but don't think I'm guilty of the offence they've listed as I wasn't parked, loading or unloading. From where I parked the unloading sign wasn't even readable as it's slanted at an angle. Advice please if anyone understands these technicalities?



Edited by CIS121 on Thursday 16th February 09:17


Edited by CIS121 on Thursday 16th February 09:18

Iain XR4i

1,703 posts

176 months

Thursday 16th February 2012
quotequote all
Highway Code Section 999:
Parking on double yellow lines is permitted while waiting for a passenger popping out for a spot of shopping, PROVIDED that the engine is kept running.


In Glasgow, that running engine is another offence!

Iain XR4i

1,703 posts

176 months

Thursday 16th February 2012
quotequote all
Iain XR4i said:
Highway Code Section 999:
Parking on double yellow lines is permitted while waiting for a passenger popping out for a spot of shopping, PROVIDED that the engine is kept running.


In Glasgow, that running engine is another offence!
I may have made one of these up.

jamei303

3,043 posts

180 months

Thursday 16th February 2012
quotequote all
The sign doesn't say "No waiting"

What Local Authority?

Iain XR4i

1,703 posts

176 months

Thursday 16th February 2012
quotequote all
jamei303 said:
The sign doesn't say "No waiting"
It doesn't need to - double yellow lines mean no waiting at any time.

http://www.direct.gov.uk/en/TravelAndTransport/Hig...

Raize

1,476 posts

203 months

Thursday 16th February 2012
quotequote all
CIS121 said:
I wasn't parked
CIS121 said:
From where I parked
Okay.