PCN advice. Time limit has changed for on street parking. Unaware

katie84

Hi everyone.
I received a PCN today after parking in on street parking in Birmingham city centre. Last time I was in town which was about a month ago, parking was free after 6. So I parked up at 6pm and left. I returned at about 10pm to find I'd been issued a fine. It turns out the time limit has changed, and parking is now free only after 7.30pm. I was genuinely unaware. I know I should always check, but I never expected there would be a change so drastic after 5-6 years of parking in Bham city centre.
Now, 1. the colour of my car (dark green) is noted on the PCN as "unclear".
2. I am about to declare the car SORN in a few days.
Is there any way around this fine? I really don't want to lose £25.
Thank you very much!
Katie.

Coupon-mad

Car colour is irrelevant even if they got it wrong so forget that completely.

What you can do is make an informal appeal. If you look on the back of the PCN it probably tells you that if you appeal by day 14 (PCN date is day one) then they should re-offer the discounted penalty for another 14 days if they reject your appeal.

So you have nothing to lose.

But do post about your PCN first on pepipoo:

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

You must register, read the FAQs such as 'how to post pictures' and then start your own new topic. You may want to read a few threads first to get the hang of that forum. You will need to show them both sides of your PCN.

Pepipoo is worth a try for any Council PCN as they can help most people get off most PCNs. There are almost always grounds for appeal you would never have thought of!

TrickyWicky

The 'unclear' colour is completely legal. If they'd put red and your car is green you'd have grounds to get it cancelled but unclear is a legitimate colour. Remember in the dark its harder to judge colours. Blue, green, navy etc all look the same.

There are several colour variants that can be used: Unknown, Multiple, Not clear, Undetermined etc. They're all the same thing to the adjudicator: Honest - the officer couldn't tell what colour the car was.

The same also goes for the car too. For example custom built cars aren't of any particular brand so they can be booked as 'unknown' - as can any car with missing badges etc.

Simple thing first, write in and ask them informally to cancel the PCN on the grounds of the recent time change. If its not been advertised then the TRO may also not be correct.

katie84

Thanks guys. By informal appeal, do you mean simply to explain that I wasn't aware of the time change? There's a yellow sticker on the P&D machine, but other than that, I haven't seen anything else. I had parked on the opposite side of the road to the machine. Anyway, I will also post on Pepipoo, and fingers crossed! Thanks again!

Coupon-mad

TrickyWicky wrote: »

The 'unclear' colour is completely legal. If they'd put red and your car is green you'd have grounds to get it cancelled

In 4 years of going on pepipoo I have never ever seen a ticket cancelled for wrong car colour.

TrickyWicky

While I respect pepipoo, it certainly isn't the same as being in the industry. They do get cancelled. It varies from one authority to another but it does happen. If they have pics of the car they stand a better chance at appeal of enforcing it though.

Likewise they can also be cancelled for the wrong street being on the ticket this is also a common error believe it or not. I've (several times) got several streets away from a ticket and realised I've issued in the wrong road (stupid software on the handheld computers), gone back, nabbed the old ticket off the car and put another one there in its place and taking the first back to base to be cancelled. Of course if they've driven off before you get back to it then its down to them to check it and dispute it. What annoys me is you can go back and tell the parking manager that its a duff ticket and they won't cancel it or refuse to take the money despite knowing its an unlawful ticket.

Trebor16

TrickyWicky wrote: »

The 'unclear' colour is completely legal. If they'd put red and your car is green you'd have grounds to get it cancelled but unclear is a legitimate colour. Remember in the dark its harder to judge colours. Blue, green, navy etc all look the same.

Putting the wrong colour on the PCN would not be grounds for contravention. An incorrect contravention code, location or registration number would though.

Coupon-mad

TrickyWicky wrote: »

While I respect pepipoo, it certainly isn't the same as being in the industry. They do get cancelled. It varies from one authority to another but it does happen. If they have pics of the car they stand a better chance at appeal of enforcing it though.

Likewise they can also be cancelled for the wrong street being on the ticket this is also a common error believe it or not. I've (several times) got several streets away from a ticket and realised I've issued in the wrong road (stupid software on the handheld computers), gone back, nabbed the old ticket off the car and put another one there in its place and taking the first back to base to be cancelled. Of course if they've driven off before you get back to it then its down to them to check it and dispute it. What annoys me is you can go back and tell the parking manager that its a duff ticket and they won't cancel it or refuse to take the money despite knowing its an unlawful ticket.

Yep, seen lots of wrong street PCNs on pepipoo and of course the contravention did not occur (in that street!).

katie84

Well guys, thanks for your help, but running around like a headless chicken, I not only didn't appeal, but was late with the payment (1 day over the 14 day limit), so I now have to pay £50. The only thing is, we are planning to scrap the car, and will declare it SORN asap. Can I get out of this ticket? I was driving, but the car is registered in my father's name.
Thank you.

vax2002

Problem with using stickers on machines and signs is sometimes kids pull them off and the old times are underneath....

katie84

I like the way you think. Unfortunately, the ticket was just to warn people about the change. They've put a new little metal sign on top of the part where the times are usually displayed. It is my own fault, both for not checking (but I didn't think they would've changed the limit, it didn't even cross my mind), and secondly, for not making time to appeal/pay within the reduced price limit. Really can't afford to pay £50.