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.
I'm no authority on this other than following similar threads, and I would suggest there should be strong grounds to contend this on that fact.
Council PCNs cannot be amended after issue (unlike the mickey mouse PPC ones) and your challenge would be that "the contravention did not take place". i.e. If you weren't even parked in the street as suggested, then you could not have been parked there illegally could you?
As to the best time to appeal this ticket in the procedure I couldn't say. I am sure one of our more experienced members will be along shortly to help clarify.
Toys19,
It will depend on the discrepency. There is something called the slip rule, that allows locations to be ammended. If the ticket states, for example - High Road - but it really was High Street - the location can be ammended. If it is a completely different location such as South Road, then it cannot. Hope this helps you.
Well they put Pinhoe road, but I was parked on another road beginnign with P, different word though..which is just around the corner...
What I am worried about is how to appeal this, because I dont want to accept liability by telling them the name of the road I was parked on. So how do I word my appeal?
Well they put Pinhoe road, but I was parked on another road beginnign with P, different word though..which is just around the corner...
What I am worried about is how to appeal this, because I dont want to accept liability by telling them the name of the road I was parked on. So how do I word my appeal?
If the other "P" road is significantly different and not just a variation as toys19 suggests, then I believe your appeal would simply stick to the facts; i.e. "the contravention didn't take place". I think this may even be a tick box for this item on the appeal form. I am sure you should not, and will not, be required to correct the name of the road you were parked on as this could be self-incrimanating which would compromise your rights.
"I did not shoot that dog coz I was busy round the corner shooting a cat!" wouldn't stand as the best defence would it? :grin:
I fail to see why not being in Pinhoe Road at the time of the alledged contravention in Pinhoe Road wouldn't be a valid defense?
It may well be a good argument - but it won't be what you think that counts.
Just think it's better to put more bullets in the gun - get it?
For instance, you haven't said what the contravention was. One very useful thing could be if there are different restrictions in the other location? Then again one or both may be in a CPZ - again relevant.
Close proximity is risky IMV. Just been involved with one where someone insisted the location was the wrong street. It turned out that although, yes, they were round the corner the description given of 'outside No XX blah street was correct because the entrance to that building was around the corner! Ooops.
Just being careful. Best not to go off half cocked yeah?
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My car was parked on a double yellow, on a road crossing pinhoe road, and people do confuse this PXXXXX road with pinhoe road, but its not even a similar word, is it dodgy for me to post the road name on here?
also my tax disc is not expired which is odd that they would say it is.. Although I am not worried about that, I had another ticket from these guys a couple of weeks ago (same SEO) and itsaid tax disc expiry on that one too..
Sorry, I was barking up the wrong tree there. ECC may act as agents for DCC for enforcement on-street. That might be debatable but there are stronger issues.
Front is ok.
On the back, the various deadlines all miss-state your true legal position and contradict the correct ones quoted on the front.
I don't know how good you are at English but try and get your head around this >>
By saying 'within XX days of' they add an extra day. It is not the same as the correct period quoted on the front. This prejudices you, Can't be arsed to explain cos tired for now but see the 'candidsylvie' thread for my further explanation.
(they make the mistake at least 3 times)
There is a further flaw in that they do not comply with the requirements of the regulations in explaining what will happen to informal challenges and what to do when the NtO is served. Hve to explain laterz mate.
From Part 2 of the CEoPC reps and appeals regs (they quote on the front)
Para (2)
(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—
(a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i) those representations will be considered;
(ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.n the form and manner and at the time specified in the notice to owner.