PCN received in December - still heard nothing!

[honory]

Hi all and thanks (in advance) for any help I might receive!
I received a PCN (my 1st) on the 28th December 2007 in Birmingham city centre. I had received it (as far as I could work out) for having a third of my back wheel on a double yellow line. As I had two toddlers with me I failed to take any photos - didn't have a camera with me surprisingly! -yet I wrote a letter that evening and sent in an appeal to the council. I have subsequently written again reiterating my appeal and stating the fact that I had not yet had a response. I have heard nothing at all since then and want to know whether there is a time limit during which they should respond. Also whether they were in their rights to charge me in the 1st place.
Am going away for a week so hope you won't be affronted by my lack of response between then and now. Hope someone can help!!

[nero12]

Originally Posted by honory

Hi all and thanks (in advance) for any help I might receive!
I received a PCN (my 1st) on the 28th December 2007 in Birmingham city centre. I had received it (as far as I could work out) for having a third of my back wheel on a double yellow line. As I had two toddlers with me I failed to take any photos - didn't have a camera with me surprisingly! -yet I wrote a letter that evening and sent in an appeal to the council. I have subsequently written again reiterating my appeal and stating the fact that I had not yet had a response. I have heard nothing at all since then and want to know whether there is a time limit during which they should respond. Also whether they were in their rights to charge me in the 1st place.
Am going away for a week so hope you won't be affronted by my lack of response between then and now. Hope someone can help!!

If they reject your informal appeal then they should write and let you know, if you still do not pay they will send you a notice to owner,
notice to owners cannot be issued before 28 days have elapsed and MUST be served within 6 months



ps check the ticket as it may have mistakes


It must have the following


1- TICKET REFERENCE NUMBER
2- VEHICLE REGISTRATION NUMBER
3- VEHICLE MAKE AND COLOUR
4- LOCATION, DATE AND TIME OF ALLEGED OFFENCE
5- ATTENDANT WARDEN NUMBER
6- CONTRAVENTION CODE AND DESCRIPTION
7- PENALTY , INCLUDING DISCOUNTS FOR PROMP PAYMENT.
8- DATE OF ISSUE AND DATE OF OFFENCE

If any are incorrect then you have grounds for appeal

Also ask for a copy of the traffic order for that area

post if you need more help

[honory]

Thanks I will check all those things! I will wait and pray that they fail to respond within 6 months!

[green_and_mean]

Originally Posted by nero12

If they reject your informal appeal then they should write and let you know, if you still do not pay they will send you a notice to owner,
notice to owners cannot be issued before 28 days have elapsed and MUST be served within 6 months



ps check the ticket as it may have mistakes


It must have the following


1- TICKET REFERENCE NUMBER
2- VEHICLE REGISTRATION NUMBER
3- VEHICLE MAKE AND COLOUR
4- LOCATION, DATE AND TIME OF ALLEGED OFFENCE
5- ATTENDANT WARDEN NUMBER
6- CONTRAVENTION CODE AND DESCRIPTION
7- PENALTY , INCLUDING DISCOUNTS FOR PROMP PAYMENT.
8- DATE OF ISSUE AND DATE OF OFFENCE

If any are incorrect then you have grounds for appeal

Also ask for a copy of the traffic order for that area

post if you need more help

Technically speaking its not an offence its a contravention and the vehicle make and colour are not required on the PCN neither is the contravention code, what is however required that you failed to mention is the address for payment and the 28 days to pay.

[nero12]

Originally Posted by green_and_mean

Technically speaking its not an offence its a contravention and the vehicle make and colour are not required on the PCN neither is the contravention code, what is however required that you failed to mention is the address for payment and the 28 days to pay.

Not arguing with you there, try being a little bit less hostile towards people tryng to help, Im on the same side a you.

Ps the above are grounds for appeal.

[green_and_mean]

Originally Posted by nero12

Not arguing with you there, try being a little bit less hostile towards people tryng to help, Im on the same side a you.

I wasn't being hostile I was being factual!

[green_and_mean]

Originally Posted by nero12

Ps the above are grounds for appeal.

Without wishing to sound hostile there is no adjudicator in the land that will allow an appeal solely because the contravention code, colour or make of car is missing. They are not required by law, regardless of what you have read or heard.

[nero12]

Originally Posted by green_and_mean

Without wishing to sound hostile there is no adjudicator in the land that will allow an appeal solely because the contravention code, colour or make of car is missing. They are not required by law, regardless of what you have read or heard.

vehicle make and colour wrong ----- car cloned , grounds for appeal


location time and date of offence wrong --- no evidence car was there , grounds for appeal

contravention code and description wrong---- grounds for appeal , contravention did not occur

[green_and_mean]

Originally Posted by nero12

vehicle make and colour wrong ----- car cloned , grounds for appeal


location time and date of offence wrong --- no evidence car was there , grounds for appeal

contravention code and description wrong---- grounds for appeal , contravention did not occur

Please produce an appeal where the colour or make of car alone has been wrong and this one fact has lead the PCN to be cancelled and I will shut up.
I never actually mentioned the time or date.
And as for the contravention code it has no meaning in law apart from an administration aspect, the description if the contravention is required the code is meaningless, You could get a PCN for being 'parked on a restricted bus stop code 666' and it would still be valid since the description is there the code 47 is not but it doesn't have to be.

[nero12]

Originally Posted by green_and_mean

Please produce an appeal where the colour or make of car alone has been wrong and this one fact has lead the PCN to be cancelled and I will shut up.
I never actually mentioned the time or date.
And as for the contravention code it has no meaning in law apart from an administration aspect, the description if the contravention is required the code is meaningless, You could get a PCN for being 'parked on a restricted bus stop code 666' and it would still be valid since the description is there the code 47 is not but it doesn't have to be.

these would be informal appeals, that would probably not reach adjudication due to lack of evidence.

[green_and_mean]

Originally Posted by nero12

these would be informal appeals, that would probably not reach adjudication due to lack of evidence.

.....and back in the REAL world!!

[nero12]

Originally Posted by green_and_mean

.....and back in the REAL world!!

and you have had how many tickets cancelled

[green_and_mean]

Originally Posted by nero12

and you have had how many tickets cancelled

None

[nero12]

Originally Posted by green_and_mean

None

lol

[green_and_mean]

I fail to see why thats funny, I just prefere the easier option of not getting any then it saves the need to worry about such things.

[nero12]

Originally Posted by green_and_mean

I fail to see why thats funny, I just prefere the easier option of not getting any then it saves the need to worry about such things.

the irony,
what im saying is that these tickets are penal in nature, nearly right is not good enough,

they wouldnt get away with it in a crimmed area, the same with decrimmed , its just that everyone gives up and pays at the first hurdle.

If you appeal on these ground there is every possibility they will cancell because they do not have the recorces to keep fighting. There are plenty of other mugs that will pay without fuss..