Penalty Charge Notice advice

slinks

Please, no moral high grounders I'm looking for advice - not a ticking off!

I received a PCN yesterday morning, stating, "In circumstances giving me reasonable cause to believe that the vehicle was PARKED WHOLLY OR PARTLY ON A CYCLE TRACK"...

However, where I parked there are no cycle tracks. I admit I parked on the red route at an hour of the day when I wasn't meant to but if I was contravening that offence i.e. parking on a red route during peak times then shouldn't the penalty charge say this?

I would presume the correct notice should read something along the lines of, "On street- Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force."

If the offence stated on the ticket is wrong then is the ticket invalid?

Thanks in advance.

Hintza

Personally i would write to them informing them that there is no cycle track and as such the notice was posted in error and therfore is invalid. If they are sloppy that's their fault. Do not over embelish your letter just stick to the facts. I normally add that you would welcome a site visit at their convenience to inspect the road and markings etc.

northern_munky

What does the 'red route' mean?

waster_2

Also, wait more than 14 days from date of alleged offence before responding so that it will then be too late to issue a new notice for possible the correct offence.

Don't forget that it's as much up to them to get the PCN correct as it is for you to get your parking correct.

Astaroth

northern_munky wrote:

What does the 'red route' mean?

Its a Greater London thing - as well as yellow lines at the road side there are also red lines (roads with them are known as red routes) which are even stricter than parking on yellows.

adon30

waster wrote:

Also, wait more than 14 days from date of alleged offence before responding so that it will then be too late to issue a new notice for possible the correct offence.

Don't forget that it's as much up to them to get the PCN correct as it is for you to get your parking correct.

I think if they have allready notified you within 14 days the NIP stands regardless how long you take to reply. It may work though


There is also some loophole into the actual legality of 'on the spot' fines, such as parking. Basically if they don't take you to court over the matter there is no means of legally extracting a payment. Don't quote me on that however. I have never (touch wood) had a parking fine so haven't challenged it myself.

slinks

cheers guys. will let u know the outcome!

pingu

last week i received a notice from the council that i have not paid a PCN

date in question was in december and they sent me reminder on 32nd day of alleged parking.

i was parked in a residential area where they have permit holder only i did not know that it was a permit holder only and time was 4.30pm pitch black

its opposite my son's school and school car park is only few yards away so if i wouldn't have parked on the street

we were in school for about 10 minutes

when came back the attendant was there he told me about permit and its an instant ticket i explained that i didn't know and the car park is only there so he said he is going to let me off this time and that was it

so i was shocked to receive notice from the council

i wrote back straight away got reply this morning that a ticket was issued and stuck on wind screen (((i was never issued a ticket)))


but they are willing to accept half the fee £30 instead of £60.

and i can appeal which i am going to do

what i want to know that how can i prove that ticket was never issued?

i just hope they( council have to provide photographic evidence)

my wife and son were with me.

thank you

didi_nodebt

Slinks please note the ticket states "In circumstances giving me reasonable cause to believe that the vehicle was PARKED WHOLLY OR PARTLY ON A CYCLE TRACK"...

Part of the red route you were parked on could have been a cycle track. Write to the council, ask for photographic evidence and where the signs are stating that the area is part of a cycle track.

If they have got the offence wrong then they have to cancel the ticket. Local authorities CANNOT change the original offence, it is illegal to do that.

You have to write within 14 days to still be eligible to pay the discounted rate just in case they are correct, if you do not write within 14 days, whether the offence is right or wrong the case will progress to the next stage and you will not have the chance to pay the discounted amount and if you ignore that it will just keep progressing to the next stage until you get a visit from the bailiffs.

You can only go to court to fight your case if you reply .....and then they send you an appeal form, if you ignore all the notices they wont take you to court you will just get the bailiffs come round to your door and by that time you will be paying the full amount which is usually £150 + bailiffs costs whatever that is.

Sorry adon30 there is no such loophole or legality, they don't have to take you to court, if you ignore the notices and you do not appeal the notice is passed straight to the bailiffs.


Pingu, if you really want to fight your case write to the council and ask for photographic evidence and also ask if the parking attendant noted your tax disc details. If the borough that issued your ticket have not started using photographic evidence, then they do not have to provide one.

If the parking attendant did not note your tax details then you can fight on and claim that you did not receive the ticket and technically they should cancel the ticket as if it were to get to PATAS they have no proof that you were there or that a ticket was given to you. PATAS really takes a dim view of such antics.

However if the PA did get your tax details then it will be quite hard to prove that you did not get a ticket (even if you did not) and to save yourself a lot of hassle and more costs pay the £30, after all you were parked incorrectly.

well thats my 2cents... good luck

pingu

didi_nodebt wrote:

Pingu, if you really want to fight your case write to the council and ask for photographic evidence and also ask if the parking attendant noted your tax disc details. If the borough that issued your ticket have not started using photographic evidence, then they do not have to provide one.

If the parking attendant did not note your tax details then you can fight on and claim that you did not receive the ticket and technically they should cancel the ticket as if it were to get to PATAS they have no proof that you were there or that a ticket was given to you. PATAS really takes a dim view of such antics.

However if the PA did get your tax details then it will be quite hard to prove that you did not get a ticket (even if you did not) and to save yourself a lot of hassle and more costs pay the £30, after all you were parked incorrectly.

well thats my 2cents... good luck

thanks

i did not get a ticket as mentioned above.

honesty is the best policy and i did not know about the permit bit as i am new to that area my son only started this term!

i am going to appeal i have to write NPAS

i can appear personaly

i will ask for photographic evidence

i was with my wife and son if that helps?

slinks

didi_nodebt wrote:

Slinks please note the ticket states "In circumstances giving me reasonable cause to believe that the vehicle was PARKED WHOLLY OR PARTLY ON A CYCLE TRACK"...

Part of the red route you were parked on could have been a cycle track.

it's outside my flat - definitely not a cycle route which is the reason for my defence