Contravention Code 01

purple.neon

Dave F327,
Many thanks for your thorough reply, it answers all my questions. I am 150 miles from where the offence took place so can not check road markings etc and the PCN looks exactly like those shown as examples on other sites so doubt I will find any technical errors there, but I did look! Think I will have to go with discretionary grounds as Torridge D.C. put on their web site "where a blue badge holder fails to display a valid badge as required but provides evidence of holding such a badge, PCN will be cancelled on first occasion", I hope they do not disallow this because I displayed a badge correctly, but did not display an arrival time disc!

peter_the_piper

Last try, please put a copy of the pcn on here as its often been found that there ARE errors which are not generally visible to the victim.

purple.neon

My scanner decided to stop scanning readable images a couple of weeks ago hence why I tried to extract relavent information, I went onto TDC web site to download my PCN and post this, but it is a different looking electronic version so doubt it is any use. Will work on trying to fix the scanner. Thanks for everyones help.

kwaks

use a digital camera if you have one, we also need all the info including the small print.

greenface

Honestly beggers belief that people really genuinely want advice and information to help them. But the people helping are offering more than the person asking .
Purple-neon if you want help please consider what was asked from you at the start of this thread Post details of the tickets and appeals with your details off and i am certain people can and will help.
Half information is not very useful to us or you
good luck:beer:

purple.neon

Spent the best part of today trying to get my scanner working again without any success.

Here is a link to a photo of the PCN as suggested by kwaks (many thanks) hope I have got it right as I do not have rights to post attachments and have not done this before.

Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.

i41.tinypic.com/w8asly.jpg

peter_the_piper

Subject to others confirming I think that on the reverse they use "within 14 days of the date of issue of this notice" I think this misstates your position and implies you have one more day to pay than you do.
Who crossed out the 2% surcharge bit?

purple.neon

Presume it was the CEO who crossed out the 2% surcharge bit as that it the way it was when I opened the plastic bag.

Coblcris

The CEO defaced the PCN.
The surcharge makes the PCN unenforceable.
The PCN fails to say that you can pay with money, they cannot exclude cash payment.
They must consider reps until the date an NTO is served, the PCN fails to to convey this and ties it down to 28 days. This fails to comply with what must be on the PCN.
see "The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007"

The majority of PCNs issued fail this test according to my observations.

3.—(1) Regulations 4 to 7 have effect where a penalty charge which has become payable under the General Regulations has not been paid and either—

(a) a penalty charge notice has been served by a civil enforcement officer under regulation 9 of the General Regulations, and a notice to owner served by the enforcement authority under regulation 19 of those Regulations; or

(b) a penalty charge notice has been served under regulation 10 of the General Regulations.

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and

(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—

(i) those representations will be considered;

(ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.

Coupon-mad

So it was worth posting a pic of that PCN then, purple neon?!

It seems that you have a flawed PCN. It's an argument that the Council will probably refuse to accept at appeal - but it's highly unlikely that they would not dare put a defaced and wrongly-worded PCN to the test with an adjudicator.

So personally, I would call their bluff and appeal it all the way, and post back here to let us know when the Council fold before adjudication!

:T