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Hi All,
Bit of advice needed as to what action to take now and whether any action is worth it.
I was issued with a pcn in November when my car was just touching a yellow line, I informally appealed but this was rejected, i have photo evidence of how far on the yellow line my car was (literally less than 6inches), i have witnesses who can confirm the car was not moved, also a witness who spoke with the CEO when he issued the ticket and by all accounts even the CEO was unsure has to whether to or not.
I have enclosed hotlinks to photos, original PCN and reply from council, i have removed identifying info obviously, photos show a pen led by tyre and then distance after car was rolled back.
There appears to be an error in your informal appeal rejection letter; The council refers to the full payment of £50. That should read £70. Not sure if/how this affects anything?
That is the standard Stafford rejection. You can tell how 'sympathetic' they are due to the fact they use the same words for everybody. In fact, because it is a template letter, they have forgotten to change £50 to £70.
I would wait for the NtO. Asking for £70, then £50, then £70 on the NtO may well invalidate the whole thing.
Notwithstanding that you may successfully appeal the pcn because of the error in their charge value on the letters, for your info regarding yellow lines, an offence is comitted if ANY PART of the car is over the yellow line.
So even in your second pic when you have rolled the wheel back off the yellow line, your bonnet is still overhanging the yellow line, so you are still in contravention. Before you moved the car you were probably about 2 foot over the yellow line, not 6 inches like you were thinking.
Thanks Crem, i had heard that it did not have to be actually touching the yellow, but even so.... I am not one to to purposely **** anyone off, i still think common sense should apply!!
I was once issued a fpn for having the rear 6" of my car overhanging the exit zigzags of a zebra crossing.
tyre was about a foot off the paint but there you go.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Oh... and also on a daily basis i could evidence people parked over a yellow without getting a ticket. It really would appear from mine that it was based on touching the yellow.
copper with too much time and not enough common sense.
I have met the other kind too - I once got a ticket for parking a rather large transit van on a corner near where I lived.
I saw the policeman putting the ticket on and went out to remonstrate with him and have to say got quite acid with some of my comments. (I never raised my voice or got aggressive though)
At this point he got me to sit in his car and watch what was going on - for 15 minutes we watched as people struggled to get out of the junction because they could not see around my van.
he then tore the ticket up and told me not to park there again....
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
The date of issue is 18/11. The dates when payment required are listed as 02/12 and 16/12. These dates would actually be one day too late as the rule is 14 days *starting* from the date of issue.
They can't use a date of issue to calculate from, AFAIK it is the date of been served, which is deemed to be 2 days after posting. That would suggest their payment date is still wrong, but by being 1 day too early,
They can't use a date of issue to calculate from, AFAIK it is the date of been served, which is deemed to be 2 days after posting. That would suggest their payment date is still wrong, but by being 1 day too early,
This is a reg 9 pcn not a postal PCN unless I'm mistaken.
The "wrong date" issue has been used in previous cases to render a ticket unlawful. So you should include it in your appeal after you get the Notice to Owner.
I can only see one side of your ticket, but also I can't see some of the other links such as the rejection letter, so maybe my PC is not displaying it. Normally people are advised to post both sides of the ticket as there may be further errors on the reverse.
PCN Issued - Just Touching Yellow Line
in November when my car was just touching a yellow line, I informally appealed but this was rejected, i have photo evidence of how far on the yellow line my car was (literally less than 6inches), i have witnesses who can confirm the car was not moved, also a witness who spoke with the CEO when he issued the ticket and by all accounts even the CEO was unsure has to whether to or not.
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Originally Posted by crem
