Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    catseven Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    Rayleigh, Essex
    Posts
    4

    Default Advice please: PCN shows incorrect location. Appeal?

    I recently received a Penalty Charge Notice. The Contravention listed was: “The vehicle was parked in a restricted street during prescribed hours”. However I believe there are some anomalies on the pcnicon.

    The location shown on the PCN was incorrect (a different Street some 2 miles or so away which does not have parking restrictions). Also the colour of the car was not recorded (I believe, from some internet research, that the car colour must be recorded, is this correct?)

    Can any of the learned forumites confirm these (one or both) would be grounds for a successful appeal?

    Can the Council say sorry, the Parking Attendant made a mistake we will send you a new PCN?

    If I do appeal should I request photographic evidence of the alleged Contravention and details of the attendant’s notes etc.

    Thanks in advance for any constructive advice.

    Similar Threads:

  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Bernie_the_Bolt Informative Bernie_the_Bolt Informative

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2007
    Posts
    2,116

    Default Re: Advice please: PCN shows incorrect location. Appeal?

    Forget colour of car as an issue.
    If the street name is a simple typoicon then I would not rely on that alone.
    I suggest you scan and post both sides of the pcnicon having deleted the ref and your cars reg no.


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    catseven Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    Rayleigh, Essex
    Posts
    4

    Default Re: Advice please: PCN shows incorrect location. Appeal?

    Bernie,

    The location is not a typoicon. The location on the pcnicon is a completely different road (which does exist in a different town 2 miles away). I suspect the Attendant has selected the wrong road from a drop down list on his electronic machine or he forgot where he was. The fact is that my car was 2 miles away from where he said it was at the time stated and the listed location does not have any parking restrictions.

    Where does that leave me?


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    catseven Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    Rayleigh, Essex
    Posts
    4

    Default Re: Advice please: PCN shows incorrect location. Appeal?

    Bernie,

    Sorry, forgot to put "Thanks for your advice" at the beginning of my previous post. Didn't mean to be rude!


  5. #5
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Bernie_the_Bolt Informative Bernie_the_Bolt Informative

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2007
    Posts
    2,116

    Default Re: Advice please: PCN shows incorrect location. Appeal?

    In theory it's a simple "contravention did not occur" and "penalty exceeds applicable amount".
    But the reality is it's not as simple as that as it will come down to proof.
    Was pcnicon issued less than 14 days ago? If so, what I would do at this stage is to write to the council and say I was not parked in x street on the day in question and in any event x street has no parking restrictions.
    If more than 14 days ago wait for the NTO.

    If council reject informal letter (if less than 14 days) or in any other circumstances, scan and post both sides of the PCN and NTO after having removed personal dataicon and references.


  6. #6
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    6,969

    Default Re: Advice please: PCN shows incorrect location. Appeal?

    The pcnicon will be cancelled at first reps stage if you query the location, the PAs beat and pocket book will show it was issued in the wrong location and the Council will I am 99% certain cancel it. If its not cancelled elect to go to adjudication and you will win if the Council try to contest it.


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    catseven Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    Rayleigh, Essex
    Posts
    4

    Thumbs up Re: Advice please: PCN shows incorrect location. Appeal? Update: Appeal Successfull!

    Quote Originally Posted by Bernie_the_Bolt View Post
    In theory it's a simple "contravention did not occur" and "penalty exceeds applicable amount".
    But the reality is it's not as simple as that as it will come down to proof.
    Was pcnicon issued less than 14 days ago? If so, what I would do at this stage is to write to the council and say I was not parked in x street on the day in question and in any event x street has no parking restrictions.
    If more than 14 days ago wait for the NTO.

    If council reject informal letter (if less than 14 days) or in any other circumstances, scan and post both sides of the PCN and NTO after having removed personal dataicon and references.
    Just an update to say that I appealed along the lines you suggested.

    Yesterday I received a letter from the council saying the PCN has been cancelled and no further action will be taken.

    Thanks to all for the input.

    Thanks to the Consumer Action Group for making the forum available.



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE