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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Parking / Traffic Offences

Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 14th October 2007, 18:28   #1 (permalink)
lookinforinfo
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Default Can this Parking Ticket be Challenged.

A PCN dated the 5th of the month was received ref a contravention on the 27th of the previous Month.
However when the Charge Certificate was sent, it stated that the PCN was
dated the 27th of the Month, instead of the 5th.Whilst that is obviously wrong, I suppose that they could always rewrite the Charge Certificate with the correct date and continue the collection process?
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Old 14th October 2007, 18:58   #2 (permalink)
patdavies
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Default Re: Can this Parking Ticket be Challenged.

Quote:
Originally Posted by lookinforinfo View Post
A PCN dated the 5th of the month was received ref a contravention on the 27th of the previous Month.
However when the Charge Certificate was sent, it stated that the PCN was
dated the 27th of the Month, instead of the 5th.Whilst that is obviously wrong, I suppose that they could always rewrite the Charge Certificate with the correct date and continue the collection process?
Why did you not challenge this at NtO stage?

By the time a charge certificate is issued, you are out of time to appeal.

Your only hope as I see it is to apply to the adjudicator for leave to appeal as the charge certificate is unlawful.

You need to scan, wash and post the PCN, NtO and CC, in order that we make an informed judgement.
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Old 14th October 2007, 19:15   #3 (permalink)
lookinforinfo
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Default Re: Can this Parking Ticket be Challenged.

The tickets are not mine-they belong to a friend who has tried ignoring them
and now finding that that doesn't work. So I am having a look at them.
Not sure if I have the ability to scan and upload though. But will try.
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Old 14th October 2007, 19:42   #4 (permalink)
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Default Re: Can this Parking Ticket be Challenged.

OK. The next stage after the CC is a court judgement from the TEC at Northampton. This provides a CCJ which can be enforced by bailiffs.

At that stage, your friend can make a statutory declaration to the effect that the CC was ambiguous/unlawful and as such did not constitute a CC. He will then get the case set back to the NtO stage and can appeal to the adjudicator.

We do need to see the docs to see if there is a reasonable challenge to be had for the PCN/NtO
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Old 15th October 2007, 00:03   #5 (permalink)
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Default Re: Can this Parking Ticket be Challenged.

Quote:
Originally Posted by lookinforinfo View Post
The tickets are not mine-they belong to a friend who has tried ignoring them and now finding that that doesn't work. So I am having a look at them.
Not sure if I have the ability to scan and upload though. But will try.
If only life was that simple!
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