Wrong Address on Parking Ticket

[karlos167]

hi all, a bit of advice/guidance please.

Firstly.... i recently had a letter through the post saying i had received a parking ticket 11th October but i have no recollection of ever seeing a ticket on my car that day?

And Secondly .... the ticket was for parking in a permit zone between hours of being unable to use. but on the letter it states Arthur Street, but i was parked on Arthur Road. Do i have valid ground for an appeal?

i was in Nottingham (where the 'offence' took place) on the day in question but i'm not actually from there, i was visiting a friend on their birthday & they'd recently started university there.

thank you for help in advance

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[crem]

If there is an Arthur Road in the town as well as an Arthur St then maybe a "the contravention did not occur" defence may work. (you don't have to say where you were parked, you're just denying you were parked in Arthur St as accused).

If there is no Arthur St then they may be allowed the error in the name under the slippage rules.

One of our council PCN experts may be along shortly to clarify if this would stand.

addition
I've checked and can't find an Arthur Road in Nottingham. You sure you were parked in Arthur St like they say?

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[patdavies]

The Slip rules Rule are for matters in a criminal court (eg magistrates').

The Slip Rule does not apply to PCNs.

Think about it for a moment. If the rule did apply to PCNs, the both Councils and Adjudicators would be applying it to faulty wording on PCNs- which they are not able to do; they have to be precise.

I've checked and can't find an Arthur Road in Nottingham. You sure you were parked in Arthur St like they say?

Good point. I can only find Arthur Crescent, Arthur Avenue and Arthur Street

[karlos167]

sorry i've said it the wrong way around, they've put arthur road instead of arthur street.

[crem]

So just for clarity; you were parked in ARTHUR STREET in Nottingham (which exists) and received a PCN but the CEO wrote on it that you were parked in ARTHUR ROAD, Nottingham which does even exist on the map?

If so, and as patdavies has pointed out that no slip rule exists for PCNs, then I think the defence reply should be "the contravention did not take place" and leave it at that. As far as I understand it, you are under no obligation to explain WHY you don't think the contravention occurred, that is up to them to prove it did, which of course thay won't be able to.

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[neil24103]

Originally Posted by crem

If there is an Arthur Road in the town as well as an Arthur St then maybe a "the contravention did not occur" defence may work. (you don't have to say where you were parked, you're just denying you were parked in Arthur St as accused).

If there is no Arthur St then they may be allowed the error in the name under the slippage rules.

One of our council PCN experts may be along shortly to clarify if this would stand.

addition
I've checked and can't find an Arthur Road in Nottingham. You sure you were parked in Arthur St like they say?

they take photos dont they now?so if it was the wrong road the contravention did not accure.they are not allowed any mistakes on the pcn

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[lamma]

read post #3 in this thread.

[neil24103]

Originally Posted by lamma

read post #3 in this thread.

right got it but still it did not accure if you can prove it it the wrong street.ask for pics of the car should clear things up

[lamma]

why. just 'contravention did not occur'. they cannot amend the PCN. game over.

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[neil24103]

Originally Posted by lamma

why. just 'contravention did not occur'. they cannot amend the PCN. game over.

what i meant no mistakes allowed.but will still have to prove where the car was parked surely.ie.the pic they take when issuing the ticket would prove it right?

[lamma]

the pcn is the legal document - it HAS to abide by the regulations. this one doesn't

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[Ting]

Originally Posted by neil24103

what i meant no mistakes allowed.but will still have to prove where the car was parked surely.ie.the pic they take when issuing the ticket would prove it right?

Yes but you are jumping the gun: That is not the way to play it.

Hit the ball at them - not pass the baton. (in this case)

As lamma said 'contravention did not occur'. He could add - I have never parked in Arthur Street (but no more than that). I'd even leave that out since PCN is wholly invalid whatever happens.
-

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[crem]

Originally Posted by neil24103

what i meant no mistakes allowed.but will still have to prove where the car was parked surely.ie.the pic they take when issuing the ticket would prove it right?

If I was accused of parking in High St when I wasn't, I only have to deny it and leave it to them to prove I was. I may not want to offer my proof at this or any other stage. e.g. "I can prove I was not parked in High St at the time because I was robbing the corner shop in Queens Road at that very time." Now whilst that may be true, I am sure you would understand my reluctance to proffer such information as a defence.

[neil24103]

Originally Posted by crem

If I was accused of parking in High St when I wasn't, I only have to deny it and leave it to them to prove I was. I may not want to offer my proof at this or any other stage. e.g. "I can prove I was not parked in High St at the time because I was robbing the corner shop in Queens Road at that very time." Now whilst that may be true, I am sure you would understand my reluctance to proffer such information as a defence.

sorry i did not word it right that is what i mean. they take pics so they would have to prove you parked where they say the contravention accured

[lamma]

ahh. understood. correct they have to prove the contravention (though you wouldn't think it by the behaviour and attitude of most of them). "Contravention did not occur"

[Ting]

LOL @Crem!

Neil. The reason to keep it simple.

If he were to say that he was not parked at A because at the time he was parked at B - yes it wouldn't matter because they are going to lose anyway.

Problem is Councils are THICK, incompetent and often try it on because people don't know the Regs. The effect could be to prolong the situation by them trying to re-issue or sending a Notice to Owner with the correct location (which you would have just given them). Challenging thme to produce pics could have the same effect.
They would still lose because of the invalid PCN but >>>
They might well try such a stunt because they know average Joe won't know it's not allowed.

So, like I said, leave the ball on their side of the net.
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[neil24103]

Originally Posted by Ting

LOL @Crem!

Neil. The reason to keep it simple.

If he were to say that he was not parked at A because at the time he was parked at B - yes it wouldn't matter because they are going to lose anyway.

Problem is Councils are THICK, incompetent and often try it on because people don't know the Regs. The effect could be to prolong the situation by them trying to re-issue or sending a Notice to Owner with the correct location (which you would have just given them). Challenging thme to produce pics could have the same effect.
They would still lose because of the invalid PCN but >>>
They might well try such a stunt because they know average Joe won't know it's not allowed.

So, like I said, leave the ball on their side of the net.
-

lol im with you on that one

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