Parking Ticket Help Needed

DorsetStrider

Hiya All,

Over easter I was staying with friends in Stoke and parked outside their house. On Bank Holiday monday I came out to find a parking ticket on my windscreen (the street has a residential parking scheme). Having checked the parking signs it turns out my friend was wrong when she said it'd be fine to park there as the signage says monday to saturday (nothing about bank holidays).

Now I do feel a bit hard done by on this. The reason being that everyone in her street has a residential badge and a visitors badge... but the council have only sent her the visitors badge (despite that she applied for both) obviously the visitors badge was in her car. If the council had done their job properly she would have had the residents badge and the visitors badge would have been in my car hense no ticket.

Now the details on the ticket are correct except for the colour of the car. On the ticket the colour is listed as silver... my car is a flat non metallic red. There is no way in any light it could be described as anything other than red. Could I use this error to get the ticket overturned?

As always any help / advise gratefully recieved.

TheBogsDollocks

Sadly no, the colour is not a legal requirement on a PCN. Your best bet here is to upload the PCN and photos of the complete bay and signage. Quite often they are faulty.

Other than this, you can check the Traffic Regulation Order to ensure the bay is listed within it as a resident bay and also obtain the CEO's log book and photos to see if any errors were made.

You can certainly add about the lack of permits in any appeal but it is unlikely that this will be accepted without other points of appeal.

trinidadone

TheBogsDollocks wrote: »

Sadly no, the colour is not a legal requirement on a PCN. Your best bet here is to upload the PCN and photos of the complete bay and signage. Quite often they are faulty.

Other than this, you can check the Traffic Regulation Order to ensure the bay is listed within it as a resident bay and also obtain the CEO's log book and photos to see if any errors were made.

You can certainly add about the lack of permits in any appeal but it is unlikely that this will be accepted without other points of appeal.

From my understanding the colour of the car on the ticket is important. so long as it is not simular (the council has put down gray instead of silver or black instead of dark blue then this description has to be accurate to be valid. I think you may have a invalid ticket there if the description is silver as appose to matalic red, they are not exactly the same or even simular.

TheBogsDollocks

Legally a PCN does not need to contain the vehicle's colour. Therefore a council will not cancel a PCN if the car was white but the CEO put black.

However, if it went to an adjudicator It would be up to them to decide if the wrong colour invalidated the PCN. I am not aware of any appeal ever winning on this point though.

Neil_B

i've seen appeals won at earlier stages on the matter - drastically wrong colour raising doubt about CEO obs skills and hence whether any contravention occurred in the first place.
however, this is clearly only an HHC error from miss-hitting the drop-down list.

trinidadone

TheBogsDollocks wrote: »

Legally a PCN does not need to contain the vehicle's colour. Therefore a council will not cancel a PCN if the car was white but the CEO put black.

However, if it went to an adjudicator It would be up to them to decide if the wrong colour invalidated the PCN. I am not aware of any appeal ever winning on this point though.

you are right in saying that local authorities dont have to place the colour of the car on the ticket, and many leave that section blank. It might not be enough to over turn, but with a incorrect colour, stated on the ticket, an adjudcator would notice that on inspecting the ticket

Neil_B

- and if at Adjudication the outcome rests on an assessment of the balance of probabilities.

the probability here seems clear; That the CEO correctly noted the colour and miss-hit one key. hence no relevance.