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Got a ticket today (31st Oct 2006) whilst parked on single yellow line - I was in post office sending of two more SAR's . My fault entirely but.....
The date on the outside of the pouch is 30-10-2006. This is yesterday. Is this technically a clause that can help me avoid paying the ticket? I haven't even opened the pouch yet, let alone read the little ticket inside, not sure if I should?
07/11/06 - Letter refunding cheque and informing statements will be along shortly.
08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.
09/11/06 - Sending of prelim request for refund! £913.50
27/11/06 - Letter from Royal Mail, original prelim lost in post!!
06/12/06 - Another prelim sent
19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....
Capital One - S.A.R - (Subject Access Request) 31/10/06
Sent off prelim for £392.00 - All adds up I suppose! 06-12-06
Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......
GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06
Store card account. Charges approx £200, prelim being sent off in the new year!
Depends - there should be two dates on it (date of issue and date of offence). Both of them should match, however the date of issue must always be the SAME or AFTER the date of offence.
Your (completely) legal defence to this should be "The alledged contravention did not occur" which is a defence under the Road Traffic Act 1991. Your second offence would also be "the traffic order is invalid."
I personally think you have a great case to get your ticket cancelled. My advice would be to write a letter to them, explaining where you were and what you were doing at the time on the ticket - obviously not where you got the ticket. Helps if you have proof - receipt from Tesco or something similar - but not essential at this stage. Then go on to state the two above reasons why you wish to appeal this ticket - the traffic order is invalid and the alleged contravention did not occur. Therefore, unless they provide you with sufficient evidence to the contrary, you would like this matter closed and confirmation in writing from them.
PLEASE NOTE that more and more wardens have cameras which take pictures, but not all of them so fingers crossed!!!
Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only
The date on the pouch is as shown here in the image. I called them up (very polite they were too) and they have asked me to write in. The date on the pouch shows 30/10 but the little ticket inside has the correct date on it.
On 30/10 I was in Liverpool, and luckily have to keep my parking receipts to claim back from work. Even better is the time on my NCP receipt is from 11:23 to 13:38. This pcn was issued at 11:48.
Thanks again for your advice, I'm away from tomorrow until Monday but will be sending off the letter as soon as I'm home,
Cheers,
LeeS.
HSBC - S.A.R - (Subject Access Request) 30/10/06
07/11/06 - Letter refunding cheque and informing statements will be along shortly.
08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.
09/11/06 - Sending of prelim request for refund! £913.50
27/11/06 - Letter from Royal Mail, original prelim lost in post!!
06/12/06 - Another prelim sent
19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....
Capital One - S.A.R - (Subject Access Request) 31/10/06
Sent off prelim for £392.00 - All adds up I suppose! 06-12-06
Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......
GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06
Store card account. Charges approx £200, prelim being sent off in the new year!
I would suggest that since there is no legal requirement ot have a pouch, then what is written on it will be outside the scope of the RTA and irrelevant to any attempt to dispute the ticket.
It is the ticket that matters and perhaps you could scan, wash and post the ticket.
I'd suggest that in law you have a possible case, in that the error in date on the pouch casts doubt on the recollection of the date by the warden. However, it's a long shot and the warden should be able to produce a pocket book with the correct date in it.
It may be though that the authority will write off the ticket rather than fight you on it.
They will deny that they wrote that at is is not a legal requirement. It is not in breach of a TRO, as that applies specifically to the parking areas, times allowed etc. Your best defence is that you weren't there. Where I live all wardens do have a camera, and take six to seven photos.
Incorrect Date on Pouch
- I was in post office sending of two more SAR
's . My fault entirely but.....
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