Your parking ticket may be unlawful

[Don-e]

Cheers Seylectric,

Dissapointing, but I was expecting an answer along those lines. But stuff like that is always worth considering, I'll blaim the naivety of my mother on this occasion.

Thanks for the reply.

Don-e

[seylectric]

Well do bear in mind it's only my opinion, but I would certainly try for the chargeback option first if nothing else. Tell your c.c. company it was paid in error.

I'm not sure what the rules are on chargebacks but if they don't refund it's possible they may be jointly liable for your "loss".

[GRUMPY1]

I WAS ISSUED WITH A PCN YESTERDAY, BUT ON THE PAYMENT SLIP IT STATED DATE OF OFFENCE, AND AS I HAVE NOT COMMITED AN OFFENCE I DO NOT HAVE TO PAY THE CHARGE, I HAVE TAKEN ADVICE ON THIS AND BEEN TOLD TO APPEAL AGAINST THE CHARGE. PEOPLE SHOULD BE AWARE THAT IT WAS DE-CRIMINALIZED IN 2003 AND THEREFORE YOU HAVE BEEN IN CONTRAVENTION OF A BYELAW AND NOT COMMITED AN OFFENCE, AN OFFENCE IS A TERM FOR A CRIMINAL OFFENCE. THEREFORE THE PCN WAS ISSUED INCORRECTLY AND I DO NOT HAVE TO PAY. I HAVE ALSO SENT A COPY OF THE PCN AND APPEAL LETTER TO THE LOCAL RADIO STATION AND NEWSPEPER STATING THE LAW "SECTION 66(3) OF THE 1991 ROAD TRAFFIC ACT". AS THERE IS NO OFFENCE THERE IS NO REQUIREMENT TO PAY.

[seylectric]

Correct. It's exactly the same situation here in Blackpool, (and if your tickets are issued by Parkwise in your town take another look at them because I've just noticed that they too are incorrectly worded), HOWEVER DO BE AWARE that you will need to keep fighting them, don't just ignore them.

ADDITIONALLY it has not been decriminalised in all areas, some areas still have tickets issued by the police - this two-teir system makes it even more farcical.

P.S. turn your caps lock off!

[GRUMPY1]

Look At The Payment Slip If It States Date Of Offence, It Is Flawed As You Have Not Committed An Offence, Then No Offence No Requirement To Pay As Far As I Have Been Informed Also By Mr Neil Herron, Thank You Mr Herron

[Don-e]

Originally Posted by seylectric

Well do bear in mind it's only my opinion, but I would certainly try for the chargeback option first if nothing else. Tell your c.c. company it was paid in error.

I'm not sure what the rules are on chargebacks but if they don't refund it's possible they may be jointly liable for your "loss".

I'll give it a go, they can only say no I guess.

But the bailiffs are sure to come back on it? If so, what's my defence/validation going to be? Excessive charges? Surely they will say they wrote to me 50 times (or something stupid like that) saying that I didnt reply.

I'm not sure, but my car (a different car that would had no PCN's against its reg.)might have been registered at that address at that time (in my name)


Sorry, can of worms. I just want to be clear of my of direction and the motivation for getting having the charge back - after all, no-ones going to sit there and just give back nearly 1300 quid (although, i was stupid enough in the first place to release it) but these are bailiffs and they aint exactly nice, upstanding people.

cheers for the advice.

James

[GRUMPY1]

sorry, seylectric, my caps lock is normally on as i am at work and the system we use works with caps lonck on, i also live in blackpool, and i rang them this morning, and said well if you don't accept it then appeal and put the phone down, let me know how you get on, and i will let you know how i get on

[poppa]

Originally Posted by poppa

hi all, sorry to be a nuisance, but I thought i would double check after finding this very useful site and having recieved a parking ticket. (daughters dentist was running late) & got a ticket for being in a residents parking area without a permit ( got caught by 9 mins)certain times were free.

on my pcn from ealing council
contavention date,
"date of notice" not issue
make & number of the car ( no colour)
and all the other relevent stuff


on the reciept part it has
notice no,
veh.reg
date of notice (again not issue)
contravention date
time of issue

would this be a legal ticket or not?
as it does not have colour of car, and has date of notice rather than date of issue and has time of issue?

could i please have someone respond to this, as i am not sure where i stand
thanks

[GRUMPY1]

yes, that one is legal, but contactneil herron on 01915657143 and they may be able to help

[Don-e]

Originally Posted by GRUMPY1

yes, that one is legal, but contactneil herron on 01915657143 and they may be able to help

Am i right in saying that that ticket is legit because it specifies two dates (phrased differently - "time of issue" and "Date of notice") Or, because it expresses a contravention date along with the afore mentioned?

Apologies, i'm getting confused witht he "Date of Issue " argument


What if the tickets stated

Council name
PENALTY CHARGE NOTICE

Road traffic Act 1991 (as amended etc etc)

Notice Number
********

Date Of Notice
**/**/**

Car Reg
********

Make

***

Colour
****

Was seen in

From 09:30
to 0935

on: **/**/**

By parking attendant : ****

Signature_______________

who beleives that a penatly charge is payable with respect to the vehicle identified above on the grounds that the following parking contravention has occured

PCN No: **

THe Penalty Charge of £60.00 must be paid before the enf of the period beginning with the date of this notice.

The discounted rate of £30.00 willbe accpeted in settlement of the penatly is made within 14 days beginning with the date of this notice.

DO NOT PAY THE PARKING ATTENDANT

========================= =====================
Tear off


NOtice Number
**************

Date of Notice
**/**/**

Vehicle
********




End



James

[GRUMPY1]

Sorry Mate That One Looks Like It Is Legit, But Contact Mr Neil Herron On 01915657143 To Discuss, And He Will See If There Are Any Ponits On The Ticket That Are Incorrect And Best Advise You

[JonCris]

Originally Posted by GRUMPY1

Sorry Mate That One Looks Like It Is Legit, But Contact Mr Neil Herron On 01915657143 To Discuss, And He Will See If There Are Any Ponits On The Ticket That Are Incorrect And Best Advise You

It may not be lawful as it refers to a "penalty" & not simply a "charge" being payable, but yes Mr Herron is best for advice.

[RealDeal29]

Hi, I received a parking ticket from a police officer today. It's a fair cop I thought, but, she has written yesterdays date on it... Is it void?

[peigibeag]

Don't know if anyone has mentioned this - the thread is long yellow lines are illegal if they don't have the end of the line(s) marked by a line at right angle at the end. I don't know of a link, but someone has sucessfully fought and won on those grounds. The rest of his town/village followed suit. They all got fines refunded but I bet someone was out with a tin of yellow paint PDQ!

[seylectric]

Originally Posted by RealDeal29

Hi, I received a parking ticket from a police officer today. It's a fair cop I thought, but, she has written yesterdays date on it... Is it void?

Yes! Absolutely no question about it!

[rogerebaker]

Complete success against Woking Council re their PCNs

Cancelled after informal representations due to no date of issue and misrepresenting who is liable to pay on the rear.

Only another 4 PCNs to go

[rogerebaker]

2nd one cancelled today

Only 3 more to go

[seylectric]

Great stuff, this gives the rest of us valuable ammunition when claiming in our area. please keep us informed.