Help Please! Received ticket from Bradford Council - but no offence committed!

Coblcris

That is correct. how much weight an adjudicator would give it as the sole point of an appeal is uncertain.

Have you checked the Order ?

The Civil Enforcement of Parking Contraventions (England)
General Regulations 2007

PART 5
ENFORCEMENT OF PENALTY CHARGES
The notice to owner
19.—(1) Subject to regulation 20, where—
(a) a penalty charge notice has been served with respect to a vehicle under regulation 9; and
(b) the period of 28 days specified in the penalty charge notice as the period within which the penalty charge is to be paid has expired without that charge being paid,
the enforcement authority concerned may serve a notice (“a notice to owner”) on the person who appears to them to have been the owner of the vehicle when the alleged contravention occurred.
(2) A notice to owner served under paragraph (1) must, in addition to the matters required to be included in it under regulation 3(3) of the Representations and Appeals Regulations, state—
(a) the date of the notice, which must be the date on which the notice is posted;
(b) the name of the enforcement authority serving the notice;
(c) the amount of the penalty charge payable;
(d) the date on which the penalty charge notice was served;
(e) the grounds on which the civil enforcement officer who served the penalty charge notice
under regulation 9 believed that a penalty charge was payable with respect to the vehicle;
(f) that the penalty charge, if not already paid, must be paid within “the payment period” as
defined by regulation 3(3)(a) of the Representations and Appeals Regulations;
(g) that if, after the payment period has expired, no representations have been made under
regulation 4 of the Representations and Appeals Regulations and the penalty charge has
not been paid, the enforcement authority may increase the penalty charge by the
applicable surcharge; and
(h) the amount of the increased penalty charge.

mushyg99

hi thanks

the back of the ticket is on post 10..is that what you mean to look at?

how do i go about this now then, regarding the technicality?

Coblcris

1) The Traffic Order which creates the restriction.
see http://forums.moneysavingexpert.com/showpost.html?p=26098795&postcount=5

2) Put the point in your appeal.

mushyg99

how do i get to view the order, when i called they said it is a big document

do i just to the council parking offce for this?
sorry i sound dumb lol i have no idea about this stuff, appreciate your support! trust be been great to know people genuinely care about others!

Coblcris

They are Public Documents. Anyone has a right to view them.

If the Order is GIS based as many are then the Council may provide a copy of CD or DVD.

As for who to visit, who did you call ? It sounds as though they are familiar with Orders.

mushyg99

i called the number whihc is back of ticket

i will call them on monday and see if i can see the document

what am i looking for exactly to get out of this fine?

mushyg99

update: this is where i am at at this moment in time:

1. Received letter from them regarding my initial appeal saying lack of signage etc - THEY REJECTED it as many of you indicated they would.

What d i do now:

1. Pay the fine of £5 (50% off if 14 days or £70 otherwise)

or

2. Appeal on the grounds about the technicalities of the PCN as mentioned by a few of you above


Thanks Very much

gaz_jones

If its only a £5 fine I would definitely pay it if it was me. Don't think you have much hope of getting out of this ticket.

I have a feeling you were meant to put £50 instead of £5 though?

Coupon-mad

mushyg99 wrote: »

update: this is where i am at at this moment in time:

1. Received letter from them regarding my initial appeal saying lack of signage etc - THEY REJECTED it as many of you indicated they would.

What d i do now:

1. Pay the fine of £5 (50% off if 14 days or £70 otherwise)

or

2. Appeal on the grounds about the technicalities of the PCN as mentioned by a few of you above

Did you get to view the TRO? I don't think you updated as to the wording on it?