Wrong road on ticket

[snowey31]

Hi all,

 

Today my partner had her / our 1st ever parking ticket and would like your advice.

 

Outside our home there are DYL opposite the house, none of the lines are complete due to various roadworks that have taken place in the past, but none on our side of the road. Today she came home to find that all the spaces have been taken on our side of the road and due to the fact she is 39 weeks pregnant and in dessperate need of a trip to the toilet she parked across the road.

 

After 10 minutes in the bathroom she went out to move the car and found that there was a ticket on it. She explained what had happened but was told by the ticket warden to appeal.

 

Now after looking at the ticket the road that the warden wrote down was incorrect, it say Fairfield instead of Highfield.

 

To add insult to injury the warden got into his car which was parked outside the house ond drove off.

 

What should our next move be?

 

Cheers

 

Snowey

[Michael Browne]

You appeal on the basis that the offence did not occur, ie you were never parked in Fairfield Road.

 

Once issued a PCN (unlike an FPN) cannot be re-issued because of incorrect details

[snowey31]

Thanks for that information.

 

Letter in post 1st thing tomorrow.

 

Cheers

 

Snowey

[Guest Ting]

Ditto what Michael said.

 

Come back if they try to wriggle.

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[Guest Ting]

sorry, forgot to mention. just say as Michael said that you were never parked there.

don't say where you were parked - just prevents them trying it on.

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[crem]

Thanks for that information.

 

Letter in post 1st thing tomorrow.

 

Cheers

 

Snowey

 

Snowey, I don't think you should pre-emtively notify them that the "contravention did not occur". I think that is an item tick box on the reply to the NtO that you should receive in due course.

 

Can anyone here confirm? (as I have never actually had an NtO)

[Guest Ting]

crem.

 

It is one of the legal grounds for appeal listed on an NtO yes.

 

However, all of the legal grounds and any other grounds relevant are available from the moment the PCN is served. It doesn't suddenly become a valid ground 28 days later!

 

probably a good idea for him to be making an informal challenge at this time in this case. Such are useful for revealing what evidence the Council have (in this case it can only be favourable to appellant) and what their stance is likely to be.

Contravention as described did not occur - is the correct expression to use.

 

He also has the possibility of them extending the discount period.

 

One possible problem - he said 'warden' ? It will be an entirely different matter if it is not a decrim PCN.

 

Snowey, you really need to show all of the 'ticket' here to be safe. It also gives the chance that it may be flawed - giving you more ammo.

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