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  • FIRST POST
    • richiekaz
    • By richiekaz 8th Jan 18, 12:32 PM
    • 1Posts
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    richiekaz
    Penalty Charge Notice with wrong street name - please advise?
    • #1
    • 8th Jan 18, 12:32 PM
    Penalty Charge Notice with wrong street name - please advise? 8th Jan 18 at 12:32 PM
    Hello,


    I have been issued with a Penalty Charge Notice for parking on or partially on a footpath (contravention code 62) outside my house. It is worth noting that the council has also issued photographic evidence. However they got the street name on the PCN wrong (i.e. "West Street" instead of "North Street" and this is the basis of my appeal, on grounds of procedural impropriety by the council. One of my concerns is that my defence inadvertently constitutes an admission that we did park on the footpath but at a different address - please advise?


    I am very new on this forum and would kindly appreciate your thoughts and input. Please also note that I have anonymised some of the personal information. I look forward to hearing from you.
    -------------------------------------------
    [My Address]
    Carshalton

    London Borough of Sutton
    Parking Services
    Civil Offices
    St Nicholas Way
    Sutton SM1 1EA

    Reference: Penalty Charge Notice [Reference number] (dated 23/12/2017)

    Dear Sir/ Madam,
    I am writing to formally challenge the above Penalty Charge Notice.
    On 23rd December, my vehicle [Registration number] was issued with a Penalty Charge Notice for the reason of one or more wheels being parked on or over a footpath or any part of a road other than a carriageway (code 62) along West Street in Carshalton.
    In accordance with the Traffic Management Act 2004, I would like to appeal your PCN on the basis that there has been a procedural impropriety by the council, as a result of the factual inaccuracy of the PCN issued. I have also attached some evidence to support my appeal and would like to request that you strongly consider cancelling this PCN within 28 days.
    On the morning of 23rd December 2017, my wife, two-year old son and I headed off to Paris by car ([Registration number]) from our address on [My Address]. Prior to our departure, we parked the car (which is usually parked in a private residents’ parking nearby) briefly outside our house along North Street in order to load our luggage and child. Once loaded, we set off for Paris heading south along North Street to join the A232. At no point did we park our car along West Street as stated in your PCN dated 23/12/2017.
    The photograph submitted therefore as part of your evidence was taken at [My Address] where the car was briefly parked for the purposes of loading it, and NOT along West Street as wrongfully indicated in your PCN. We would like to argue therefore that this error constitutes a failure by the council to correctly provide all of the required contravention details (which for your reference should include correct details of the nature of the alleged contravention, the description, the location and the date and time).
    I have included as supporting evidence a copy of our Eurotunnel booking for the train across from Folkestone to Calais later that morning. This backs up my claim that we were loading the car along North Street with the intention of driving across the channel. If you wish to pursue this PCN further, I request that you provide evidence that the vehicle was photographed or sighted on West Street on 23rd December 2017.
    I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.
    Yours faithfully
    [Registered Keeper]
Page 1
    • pogofish
    • By pogofish 8th Jan 18, 12:39 PM
    • 8,041 Posts
    • 8,237 Thanks
    pogofish
    • #2
    • 8th Jan 18, 12:39 PM
    • #2
    • 8th Jan 18, 12:39 PM
    The Pepipoo forum is the best place to get help with a council ticket like this.

    Sign-up using something other than a Hotmail addy, read the introduction posts and be ready to post all the info they ask for in the correct forum, you are doing the right thing by redacting identifying info.
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