PCN potential incorrect date

Cher-Ching

Hi,

Wanted to see if anyone could help clarify something for me and see if I have grounds for an appeal against a PCN I received.

I was snapped by one of those lovely CCTV smart cars in a bus stop by mistake (a mistake but still caught doh!) so received the PCN in the post.

Now according to the legislation, the PCN must contain the date of alleged contravention (which it does) date of notice (which is does) and date of service, which is classed as 'the date of the notice PLUS 2 working days' basically to take into account postage.

However, The date of notice is Thursday May 31. So in my head PLUS 2 working days means Friday June 1 and Monday June 4, so the date of service should be, I believe June 4/5. However the date of service is Saturday June 2. So it looks as though instead of the notice date PLUS 2 working days it is PLUS 1 working day.

Anyone else think the same and do I have a ground to appeal i.e. the 'wrong' date invalidates the PCN?

Cheers.

malkyh

I think you are clutching at very short straws to be honest.

give_them_FA

No, any sort of irregularity on a PCN does invalidate it, regardless of the supposed offence. Whether this applies in this case is the issue.

Cher-Ching

malkyh wrote: »

I think you are clutching at very short straws to be honest.

Totally clutching at straws but I may as well give it a go

give_them_FA wrote: »

No, any sort of irregularity on a PCN does invalidate it, regardless of the supposed offence. Whether this applies in this case is the issue.

There are 2 other areas which I believe is incorrect with it, but again, it is down to interpretation.

In the legislation, on grounds to appeal it states that you can select as many reasons for challenging the PCN, but on the PCN itself it states 'tick the relevent box' i.e. singular and indicating that only one reason may be selected. (Really, really clutching at straws now!)

Also the legislation states that the council must allow the motorist to note any 'compeeling reasons' why it sould be cancelled, however it states 'mitigating circumstances' this phrase was used by Harrow council and an ajudicator deemed this phrase 'inadequate' and the council had to cancel all of its tickets because of it.

The thing is, if i'm unsuccesful or haven't got a case then yes, i'll pay the £35. It's just the priciple of it all, even if it was 35p. If they can't comply with the regulations then why should I pay them for something that is unenforcable?!

LincolnshireYokel

Cher-Ching wrote: »

In the legislation, on grounds to appeal it states that you can select as many reasons for challenging the PCN, but on the PCN itself it states 'tick the relevent box' i.e. singular and indicating that only one reason may be selected. (Really, really clutching at straws now!)!

I vaguely remember this point being raised in a thread years ago on pepipoo, might be worth going over there and asking, they might be able to cast some light.

https://www.pepipoo.com

Cher-Ching

Hi all,

Thanks for your advice. Glad to see some of the points i've raised have been raised before. Will give your suggestions a go and let you know how i get on

malkyh

Good luck and keep us informed

Coupon-mad

malkyh wrote: »

I think you are clutching at very short straws to be honest.

No, not clutching at straws at all!

Most people can get off most Council PCNs, it is a fact that the vast majority win (in some places, 90% of appealed tickets are rescinded!).

The OP's point is a valid one.

And there is more, because there are appeal points against these CCTV cars too:

http://notomob.co.uk/discussions/index.php?topic=867.0

That's an excerpt from the Chief Adjudicator's report and includes appeal points and success stories.

Cher-Ching, do read the above link and put together a draft appeal letter including the points from that report, and the points you made. Post the draft first on a new pepipoo thread with pictures of the PCN and a pic or GoogleStreetView link to the place where the car was stopped. Post here:

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

Do come back in the end and let us know ehen the Council eventually throw in the towel (do not expect it to be at your first appeal stage, most Councils routinely reject first appeals for any old excuse as they just want everyone to pay up and shut up). You cannot pay 'only' £35 and try to win this appeal, unless they actually cancel the PCN at your first attempt you need to forget about the £35 bribe and consider it £70 or nothing, with the odds in your favour.