PCN For Invalid Permit ?

Gladiator5

Wonder if anyone can advise?

Recently visited relative in London (Lambeth District). Bought parking permit £5.00 for the day. But when scratching out the day, started to scratch out the previous day, but didn't scratch it all out. Then scratched out right day, date and month. Proceeded to be given a ticket for this having an incorrectly dispalyed ticket. Rather miffed, went to alot of trouble to stay within the law and get nicked for a technicality. Caused no obstuctions, parked in the bay, caused no problem to anyone, one small error on ticket and get this grief. The tickets are designed so I can't cheat and use it twice, so were's the problem ! I,ve appealed once and been rejected. (not suprised by that) Fine now at £80.00. Is it worth persuing through appeal system ?
Anyone been here before ?
If I do appeal, which of the grounds for representations do I choose ?

peter_the_piper

Please copy/photo the pcn, both sides, remove personal bits. Host on tinypic and copy the url. Paste the url into a post here and remove the http:// bit. Pics of scratched ticket and signs, bays etc would help your case. Have you got to the notice to owner yet? if so pics of all 4 sides please.

Gladiator5

'peter_the_piper' thanks for interest. All documents you requested are now uploaded. Follow the link below.

s1238.photobucket.com/albums/ff489/mfox1/

Hope all is self explanatory. Any further info required please post reply.

peter_the_piper

Whilst waiting for others to look also post on pepipoo.com. This will give you a wider rangee of opinions.

Coupon-mad

Yep, post this on pepipoo with all letters, I think there are grounds here for appeal.

Here is your album (clicky link).

And here are my thoughts (but get pepipoo to confirm as they know more than me):

- On page 4 out of 10, the NtO clearly states that one of the statutory grounds you can appeal on is that 'a CEO was not prevented from serving a PCN...'. Well, truthfully, that IS the case and the Council has told you that it's a statutory grounds for appeal, so that's the first point. I have seen this stated on forums before and used in successful appeals.

- Secondly, clearly you HAD displayed a valid permit, the tiny amount half-scratched off from the previous day does not invalid the permit and you can prove you used a different one the day before so no attempt was made to avoid paying. The info on the permit with the partial day scratched clearly can only communicate ONE day (the correct day) due to the other info scratched off. So that's another grounds 'the contravention did not occur'.

There have been successful adjudications based on permits where the info scratched off could ONLY have indicated one day - your case is like that. Pepipoo can give you previous case details to quote in your formal appeal, I expect.

Anyway, that's just for starters based on other cases I have read about on pepipoo forums before. Here's a pepipoo link:

http://forums.pepipoo.com/index.php?showforum=30

They get MOST people off MOST Council PCNS, even when the contravention clearly did occur. In your case this is a daft situation and the Council should surely have cancelled the PCN assuming you produced the evidence you've shown here, I would go to the adjudicator and risk paying the full fine if you lose.

You don't have to pay any costs so it's your call, your money but I think worth continuing to appeal. Draft an appeal and post it on pepipoo with your pics, to give them something to comment on. There are no templates there as each case is different but they like to see a basic appeal wording in order to have something to work with & improve on.