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Can incorrect colour invalidate a parking ticket?

I recently received a notice to driver about a parking infringement. There are photos of what is alleged to be my car, but there's a problem with the ticket - it says my car is black when it's not; it's green. Now, I know the colour of the vehicle is not something included in the list of information that a ticket must have, according to Martin's list, but it seems to be evidence of incompetence somewhere. Should I appeal on the grounds of procedural irregularity, or on "offence did not occur", or just suck it up and pay?
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Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Colour is irrelevant , who gave you this ticket though ?
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Orford
    Orford Posts: 2,199 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If it's a council ticket, wrong colour alone is not sufficient grounds for a successful appeal. It may be an example of poor observational skills, but it's not procedural irregularity.
  • Umkomaas
    Umkomaas Posts: 42,851 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Car colour error will have no relevance.

    I presume you had a ticket on your windscreen - Notice to Driver? If so, await a Notice to Keeper (are you the Registered Keeper?). If it's a hire or company car, let us know urgently as you will need to head this off earliest.

    When you get the NtK come back with more details. Meantime have a look around the various latest threads to get a feel for all his stuff; the stickies at the top of the forum index are a good place to start.

    Eventually your appeal will NOT be based on 'what happened', 'I don't thnk this is fair' or any other mitigating type of pleading. It will be based on putting the PPC to proof on a number of technical items. Have a look at these to give an initial idea of what is going to be required:

    http://forums.pepipoo.com/index.php?...=post&id=21565!

    http://www.parkingcowboys.co.uk/wp-c...ersion-v2.docx!

    http://forums.moneysavingexpert.com/...9&postcount=20

    Also check the paperwork you will receive from the PPC to ensure that it is PoFA compliant - here's a checklist to help:

    http://www.parkingcowboys.co.uk/keeper-liability/!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    It's not determined if this is a private parking ticket yet, it could be a council penalty charge.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Coupon-mad
    Coupon-mad Posts: 147,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bonwacket wrote: »
    I recently received a notice to driver about a parking infringement. There are photos of what is alleged to be my car, but there's a problem with the ticket - it says my car is black when it's not; it's green. Now, I know the colour of the vehicle is not something included in the list of information that a ticket must have, according to Martin's list, but it seems to be evidence of incompetence somewhere. Should I appeal on the grounds of procedural irregularity, or on "offence did not occur", or just suck it up and pay?


    Sounds like a fake PCN from a private scam company. Read the forum to understand how to challenge if it is from a PPC scammer. You haven't read enough threads if you thought this was real PCN and if you actually think paying is an option!

    If a Council ticket they wouldn't have sent a 'Notice to Driver'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for all the info folks. Without posting too much detail, it is from a Council, it is bona fide, and doesn't come under all the private parking provisions. It's just a minor mistake by a parking officer in which s/he got the colour of the car wrong. I just wondered if that was enough of a loophole for me to wriggle out of or whether I'm caught bang to rights. I suspect it's the latter and will have to cough up.
  • Umkomaas
    Umkomaas Posts: 42,851 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stroma wrote: »
    It's not determined if this is a private parking ticket yet, it could be a council penalty charge.

    You had it bang on Stroma,

    Sorry OP for assuming PPC ticket and taking you down that road :embarasse
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    bonwacket wrote: »
    Thanks for all the info folks. Without posting too much detail, it is from a Council, it is bona fide, and doesn't come under all the private parking provisions. It's just a minor mistake by a parking officer in which s/he got the colour of the car wrong. I just wondered if that was enough of a loophole for me to wriggle out of or whether I'm caught bang to rights. I suspect it's the latter and will have to cough up.

    Please don't think like that, why don't you post this on https://www.pepipoo.com ? They have experts on there who can help determine what appeal points to use, there can be many problems with the tickets, signs, and letters sent to you. Scan/photo a copy of the PCN both sides and post on there to find out.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Thanks Stroma. I've been on pepipoo and this question has come up before. The advice to people in similar situations is, to paraphrase, "colour is irrelevant, cough up", although some councils will cancel the notice if the colour is very obviously different. In my case it's not - dark green on a very bright day that looks black in the pictures. But I may follow through and post the PCN just in case there's something else. Thanks again.
  • roddydogs
    roddydogs Posts: 7,479 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    At night, its very difficult to tell the colour of say dark green & Black.
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