Legal or Clever people

[Johnny_tro]

Got a parking ticket today from a complete and utter C**k.............I was sat in the car dropping off 

Anyway, generally know the process for dealing with this, BUT I think I have a way out.

He has miss wrote two letters of my reg on the ticket? is this an auto void??

Advise

[markfive]

Assuming that this is a ticket issued by a Local Authority (Civil) Enforcement Officer then you should appeal on the grounds that the ticket issued does not comply with the Civil Enforcement of Parking Contraventions (England) General Regulations 2007, the Schedule of which states that

"Schedule
1.  A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—
….
(c) the registration mark of the vehicle involved in the alleged contravention; "

And because the ticket does not state the registration mark of the vehicle involved in the alleged contravention that you expect the PCN to be cancelled.

That should get them to cancel.

If they try and fob you off, just stick to the point- remind them that they have a statutory duty to comply with the law. Ask for a copy of the Traffic Order that applies in the area that the ticket was issued and ask them to provide evidence that the vehicle identified in the ticket was present at the location on the date/time stated (if the CEO took a photograph)

I would not be tempted to ignore the PCN in the hope that they can't find you because the reg on the ticket is wrong. Best to be up front and appeal, because if they eventually pass the ticket onto a collection agency the chances are that they will find you eventually and by then you stand little chance of winning.

[Johnny_tro]

Cool.

Other advice I got, call up try to pay and apparantly they will void it?

i.e unable to locate registration?

Can a photo overide the ticket? cause as per your post, techincally the ticket is invalid!! end off

[markfive]

The golden rule if you want to appeal is do not attempt to pay, as payment is an admission of guilt and therefore an attempt to pay can be construed as an admission.

The simple fact is that the ticket as issued is invalid. They can still identify the vehicle because if you look at the ticket there should also be a note of your tax disc number on there. But the incorrect registration number means that the ticket is invalid and they cannot pursue you via a section 10 ticket (called a Notice To Owner, in the post) because there are a limited number of lawful reasons to issue a postal notice and "we screwed it up the first time" is not one of them. But they might try and issue a notice if you don't respond to the first ticket and appealing those takes longer - the law allows them 6 months from the date of the PCN to issue a Notice and if you appeal they have 56 days to respond and then you have to chose a postal or personal hearing..... much easier to kill it now IMO

It wouldn't surprise me if they tried it on with a Notice with the right reg number on it, so whatever you do don't bin the PCN as it is the only proof that the original ticket was issued incorrectly.

Oh, and I'm not a lawyer...

[Johnny_tro]

Got a basic idea of the appeal system, did one a few years back. Had to go to a hearing. Me, independent lawyer and a guy from council.

I was issued a ticket (to my reg) and I was never there. Took twelve months to sort it.

This is great info thank you.

To appeal, what would my wording/angle be?

1) I have a ticket, but its not my vehicle
2) I have a ticket which is incorrect you should void it

3) When asked, was I parked illegally, do I admit or deny?

[markfive]

Option 2 - the ticket is invalid. Once again, I'm not a lawyer but if I were writing the appeal, I might word it something like this:

I wish to appeal this PCN on the grounds that the PCN does not comply with the Civil Enforcement of Parking Contraventions (England) General Regulations 2007, the Schedule of which states that

1.  A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—
….
(c) the registration mark of the vehicle involved in the alleged contravention;

The PCN does not state the correct Vehicle Registration Mark of the vehicle involved in the alleged contravention and therefore the PCN does not comply with the Schedule and is invalid. I therefore trust that the PCN will be cancelled.

They can't ask you if you were parked illegally - it's the job of their CEO to determine that and you are not required to say anything that incriminates you...

[Tfsi_Mike]

Great advice, another example of this outstanding community 

[RedRobin]

Great advice, another example of this outstanding community 

.... x 2 

Once again, I'm not a lawyer

....Then I reckon you must either be a Traffic Warden (if that's the current term) or someone who has a boot full of parking tickets! 

Great advice, buddy 

[Alexander]

I once got a parking ticket on my Land Rover Defender. However the warden issuing the ticket wrote the make down as jeep with no model!I wrote stating that the registration recorded on the ticket did not match the vehicle make, the ticket was cancelled with no fuss.

Good Luck,you should be fine!

[markfive]

....Then I reckon you must either be a Traffic Warden (if that's the current term) or someone who has a boot full of parking tickets! 

 

I'm not a traffic warden - past or present, and as it happens I've not been troubled by a parking ticket for a very long time.

My wife, on the other hand hasn't had a good couple of months in the PCN stakes......  so I've had a bit of practice appealing tickets recently.

[Johnny_tro]

thank you very very much, all ready for posting tomorrow!!

My last one was simple < two years ago got a reminder for £600  regarding a parking incident 4 months ago. Anyway, I was never there, never in the area, but still took me 9 months to resolve through there appeal service.

Traffic wardens do P**** me off!!

[wigit]

always worth appealing, i had a ticket a few years ago in london and appealed, keep the date of when you lodge your appeal as in London if they don't respond in 6 months (as they were swamped) they have no option to quash it (even if you are guilty) 

[markfive]

Good luck, hope they see sense and just revoke the ticket. If they do, I'd bet that they do it as a "goodwill gesture"

If they play hard ball, let us know and we can go from there.

[Johnny_tro]

Keep you posted