Islington PCN - technicality question

outragedparker

Hi all, looking for a spot of advice - I got a ticket from Islington late the other night, contravention 01. Naturally I shall be appealing. I've had a look at the Islington Council website, which states that various pieces of information should appear on the PCN:-

"The PCN will show a contravention code (these are listed in our enforcement protocol leaflet), our contact details and give advice on how to pay or appeal. It will also state:

• date and time of issue
• location
• the contravention code - the reason why the PCN was issued
• vehicle registration
• vehicle make and colour
• civil enforcement officer number and signature"

They got the colour of my car wrong - green, whereas my car is blue. Not turquoise, not aqua, but the brilliant blue of the sky on a sunny cloudless day at the height of summer. No normal streetlight could make my blue car appear green. Nothing short of legally blind could cause eyeballs to mistake my car for green. I was in the area, but don't believe I was illegally parked, though I don't think I can prove it. Is the colour error enough to make the ticket invalid? I will scan and attach the ticket as well, I just wanted to check out this technicality pronto.

There was no ticket on my car when I returned to it, but there was a ticket there the next morning - am I completely irrational to suspect that a CEO got my address from the DVLA database and came round to put a ticket on my car? I live on the border with Islington, so for £120 it wouldn't have been out of a CEO's way...

elvch01

Being a newbie here, I'm not qualified to judge, but my gut instinct is that mistaking the colour of your car should be enough to get the PCN cancelled - the local council might not uphold your appeal, but persist & they will give in.

Just my £0.02

Neil_B

As it is not a legal requirment for content then no.
Mateys on PeP will always say forget it.

then again on another forum they have had some success with it. If the colour is so substantially different form the actual then it throws the CEO's whole observation skills into doubt - i.e. was ther a contravention at all?

i'd say this isn;t enough.

What was the reason you say you were not in contravention? - and explain that timing about service of PCN again pls.

outragedparker

Thanks for replies. I know the colour is not a legal requirement under TMA2004 or CEPC2007, but it is required within Islington's own Enforcement Protocol, which is why I wondered. Neil B, can you direct me to this other forum so I can have a look?




This is pretty much the colour of my car - does it look green to anyone?

As for illegal parking...perhaps it would be more accurate to say that I don't think I committed the contravention on the PCN is quite possible that I committed a different one, but would admitting to one offence to get out of another one just land me in it for the contravention I think I did commit?

The timing of PCN service - I didn't see it on my windscreen when I went to get my car after the ostensible time of service, but my OH saw it the next morning. I don't think I was just being blind - the ticket seems to have been right where one's eyes would go when turning left, and I had 2 left turns on my trip home. So I'm wondering if it was stuck on my car sometime after the alleged contravention. Doubt it's provable. I'll certainly be asking for photographic proof of the contravention.

outragedparker

It seems the colour swatch I tried to paste didn't work - Ford Azure Blue, I believe. I'll see if I can paste a photo of the car door.

Neil_B

outragedparker wrote: »

As for illegal parking...perhaps it would be more accurate to say that I don't think I committed the contravention on the PCN is quite possible that I committed a different one, but would admitting to one offence to get out of another one just land me in it for the contravention I think I did commit?

no that would get it cancelled but you are not explaining what you mean.

re the colour - and i still don't think it's enough. talk to 'sammy' on PFC forums.
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outragedparker

Hope this is clearer! Contravention 01 is yellow lines. I believe that I was parked in a car club bay, which is probably a contravention (though I haven't yet checked if there are time limits on such bays), but not the one on the PCN.

Neil_B

interesting. not experienced a car club bay. it could still apply if there is also a yellow line running through it? - and only pics of road and signs can tell really.
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outragedparker

There are no yellow lines in the car club bay; the yellow lines go right up to but not into the bay. The thing is, in my appeal letter, do I write " I may have committed a contravention but not the one you think I did" ? It feels rather like admitting to a burglary to get out of a murder charge!

elvch01

outragedparker wrote: »

There are no yellow lines in the car club bay; the yellow lines go right up to but not into the bay. The thing is, in my appeal letter, do I write " I may have committed a contravention but not the one you think I did" ? It feels rather like admitting to a burglary to get out of a murder charge!

My advice is not to admit anything. I would write something along the lines of "my understanding of the PCN is that I contravened the yellow line restrictions/regulations yet can not recall having done so, please furnish me with photgraphic evidence" etc. I'm sure there are those on the forum who can phrase it more eloquently and include refeences to the approriate statutes.

Neil_B

outragedparker wrote: »

There are no yellow lines in the car club bay; the yellow lines go right up to but not into the bay. The thing is, in my appeal letter, do I write " I may have committed a contravention but not the one you think I did" ? It feels rather like admitting to a burglary to get out of a murder charge!

Ok first - sorry about above. It was PCF - penalty Charges forums where you should talk to Sammy.

the fact that you found islington saying colour is requisite may be relevant evn if not backed up in statute.

on contravention. don't go challenging and jump the gun. then again don't miss deadlines.

they must accurately describe the contravention so if it is not so - it is invalid and may not be changed. need signage pics as i said.
Re the 'service ' of the PCN doubts. A request for the CEO notes, incorporated into an appeal, may reveal something.