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PCN bus lane wrong details can I appeal?

Hi,

Advice please, I received a PCN in the post for a alleged bus lane contravention, they stated my number plate correctly on the VRM obviously as they had my address, but looking at the photos supplied, the still of the number plate is correct except for 1 letter which looks like an upside down 'F' when in fact it should be a 'J' I pointed this out in my original challenge to the council, they replied & stated that they 'reviewed the evidence & the number plate is clearly ' ***#***' where now they have stated another incorrect number, the # they state as 5, yet on my plate it is a '8', is this worth challenging or can I ask them to provide a photo of my number plate before it goes to appeal adjudicator?

Please help
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Comments

  • Umkomaas
    Umkomaas Posts: 43,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As we tend to major on private parking tickets here, PePiPoo will be your best bet for council tickets. Here's your link:

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need photos/scans of all correspondence you've received from the council (both sides, if appropriate).

    PePiPoo has an excellent success record in dealing with council tickets.

    HTH
    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
  • Tilt
    Tilt Posts: 3,599 Forumite
    An incorrect VRM is fatal to a PCN. Dose the CORRECT VRM appear on the PCN? If not you simply appeal on the basis that the contravention did not occur. What you should NOT of done is pointed the error out to them. However, I don't think they cannot amend or re-issue a PCN afterwards.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Hi,

    No they got my VRM correct as it was in the post but my point was that the evidence they supplied does not clearly show my number plate & the reply to my challenge then makes another mistake in the number, I am yet to see evidence which actually shows my number plate in full & their reply states & I quote 'the evidence clearly shows number palte ***#*** (with the # being a 5 instead of an 8) yet the reference at top of letter does state my correct number plate.

    Therefore it appears from the evidence they have made a best guess on the number plate...am I on shaky ground contesting it?
  • HO87
    HO87 Posts: 4,296 Forumite
    Surely you mean that you have yet to see clear evidence that the vehicle involved was yours? If their evidence does not support the allegation they have no case.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Tilt
    Tilt Posts: 3,599 Forumite
    Well ask yourself this then; were you or were you not on contravention of an active, correctly signed bus lane? In short, IS it your vehicle in the image? Remember that they are providing you with the image (which may be a still from CCTV footage) not necessarily as evidence but to show you (as reference) that your vehicle was there.

    They MAY have (or be able to produce) further higher quality images (or CCTV) which they could produce as evidence should you take the matter further. You could ask to view any CCTV that they may have if you think that it is not your car in the bus lane.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • I looked at he CCTV & it probably is my car & I simply filtered into lane at the end of the bus lane 2 seconds too early gaining no advantage nor causing any problems to any one else, I pointed this out & they came back with same old spiel of 'you were in it therefore you pay up scum' no common sense used whatsoever, therefore I take exception to the fact they can't even get the evidence correct...not sure what to do as has been said they could turn around & produce other evidence at the hearing, seems unfair surely they should only be able to go on evidence all parties are aware of?
  • Tilt
    Tilt Posts: 3,599 Forumite
    Without seeing the footage/images I couldn't possibly say. Is it possible for you to post the image up?

    It would be for the adjudicator to decide if you being in the end of the bus lane for "2 seconds" was either unavoidable or unreasonable. The council no doubt are looking at it in black and white but that dosn't necessarily mean that the adjudicator will agree with them.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Coupon-mad
    Coupon-mad Posts: 150,097 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas wrote: »
    As we tend to major on private parking tickets here, PePiPoo will be your best bet for council tickets. Here's your link:

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need photos/scans of all correspondence you've received from the council (both sides, if appropriate).

    PePiPoo has an excellent success record in dealing with council tickets.

    HTH
    Seconded - consult pepipoo as well!
    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 I have put it up on pepipoo awaiting reply
  • Horace
    Horace Posts: 14,426 Forumite
    If the council keep quoting the wrong number they are clutching at straws. Don't pay them anything and appeal the ticket when they refuse the appeal (councils often do) take your appeal to the Parking Adjudicators (details of how to apply are either on the ticket or included in the letter the council sends you when they reject your appeal).
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