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.

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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.

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  1. #1
    Basic Account Holder Chadley_chad Novitiate

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    Default Wrong car colour so is the ticket lawful ???

    I unfortunately got a parking ticketicon for overstaying on a ticket in Nottingham (expired time). Fairs fair I was in the wrong (chatting too much!), but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

    Can I refuse to pay under the premise the ticket had incorrect details?

    Any help appreciated.

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  2. #2
    Basic Account Holder Cheesed Off Novitiate

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    Default Re: Wrong car colour so is the ticket lawful ???

    I would think the ticket is invalid.

    I once got a ticket with the wrong make of vehicle recorded - parking attendent had put down Hyundai when I drive an Honda. I challenged it with council stating that though the registration number was correct that if they checked they would see that the vehicle was an Honda. I didn't admit anything in my letter to them - just stated the facts and that the ticket was therefore invalid. I was successful - ticket quashed!

    You might be in with a chance here as colour must be correct too. If your registration document states red then it's red. Nothing to lose by challenging it within 14 days. Wise to send letter by recorded delivery, only costs about a pound, then you have proof that you challenged within time limit. Good luck!


  3. #3
    Basic Account Holder The Warden Novitiate

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    Default Re: Wrong car colour so is the ticket lawful ???

    Quote Originally Posted by Chadley_chad View Post
    ....but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)
    If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid.
    But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a pcnicon. (or other colours that you can imagine.)
    Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.


  4. #4
    Basic Account Holder gotthisfar Novitiate

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    Default Re: Wrong car colour so is the ticket lawful ???

    i too have the same problem my car is actually gold the warden pcnicon said brown is this challengeble aswell any help much appreciated.


  5. #5
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    Default Re: Wrong car colour so is the ticket lawful ???

    It doesn't make the pcnicon invalid, although as suggested above, if it is widly wrong you may get a discretionary cancel if you appeal on that basis.


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    Default Re: Wrong car colour so is the ticket lawful ???

    I think you will be very lucky to have a ticket cancelled on the basis of colour alone.
    What one person sees as red another may well see it as brown.
    Good luck anyway.
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    Basic Account Holder gotthisfar Novitiate

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    Default Re: Wrong car colour so is the ticket lawful ???

    thanks for advice.as my wife was in a meeting she was 4 mins over time on the ticket displayed.the people who she was been interviewed by sent her a letter saying it was unavoidable she was delayed so i sent that off with the pcnicon.havent heard anything yet and that was monday.probably looks like im not getting away with this one maybe im clutching at straws.as my wife isnt working at the mo and we have two children maybe they can see our financial situation and maybe show a compassionate side.we are struggling with just my wage coming in.


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    Default Re: Wrong car colour so is the ticket lawful ???

    Good luck, hope it works for you.
    regards

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    Basic Account Holder demon69 Novitiate

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    Default Re: Wrong car colour so is the ticket lawful ???

    I have just recieved a parking ticketicon for being late back to my car in a public car park. On the ticket however my car is stated as being yellow in colour when it is actually silver......does this mean I can challenge?????


  10. #10
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    Default Re: Wrong car colour so is the ticket lawful ???

    It has often been pointed out that the colour of the car is not legally required although is usually included presumably to assist any doubt on which car was involved, so no, I think you will find this in itself is not grounds for appeal.

    Informal appeals regarding wrong colour have somtimes been allowed which I would say would come under the reason of "council goodwill" (wow! there's a rare commodity) but if you appeal on this and get it rejected I would see little point in bring that alone to an adjudicator.


  11. #11
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    Default Re: Wrong car colour so is the ticket lawful ???

    Is it a council pcnicon. If so it still may be faulty. If its a PPC one ignoreicon it.


  12. #12
    Basic Account Holder Blackvelvet Novitiate

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    Quote Originally Posted by The Warden View Post
    If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid.
    But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a pcnicon. (or other colours that you can imagine.)
    Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.
    Sorry I'm new to this just signed up! I have had similar situation as I used my fathers car to go to my GP and I'm disabled . No parking facilities available for either disabled or otherwise near GP so I parked on a very wide pavement off the road but with plenty of room for fellow disabled access and walkway. The PCN stated the car is black but it is registered Silver. I sent an appeal and received a response with no reference to colour but instead they upheld the fine! Should I appeal further I will have to pay the full fine please help and advise what to do next - it is bad enough trying to park with a mobility problem and I would have had to park a very long way from the doctors . I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?


  13. #13
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    Default Re: Wrong car colour so is the ticket lawful ???

    I wouldn't appeal further as you'll forfeit the discount and are unlikely to win. I don't really understand why you had to use the pavement, but if you really had no choice, that would be a better line of appeal in my view.


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    Default Re: Wrong car colour so is the ticket lawful ???

    Quote Originally Posted by Blackvelvet View Post
    I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?
    Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.


  15. #15
    Basic Account Holder Blackvelvet Novitiate

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    Quote Originally Posted by Jamberson View Post
    I wouldn't appeal further as you'll forfeit the discount and are unlikely to win. I don't really understand why you had to use the pavement, but if you really had no choice, that would be a better line of appeal in my view.
    Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!
    Thanks for your help


  16. #16
    Basic Account Holder Blackvelvet Novitiate

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    Quote Originally Posted by green_and_mean View Post
    Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.
    Hi Green and Mean - please c my response below -- parking is permitted for residents on the pavement at certain hours!
    This is because there is just nowhere else to park for residents, visitors or those attending doctor appointments. Thanks anyway


  17. #17
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    Default Re: Wrong car colour so is the ticket lawful ???

    Quote Originally Posted by Blackvelvet View Post
    Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!
    Thanks for your help
    This is something which should be raised with the local council. They should look into installing more disabled bays, as per the requirements of the DDA. It is often the case that councils are simply unaware of issues like this, until someone brings them up and requests they take a look.


  18. #18
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    Default Re: Wrong car colour so is the ticket lawful ???

    Err, this thread is like over 2 years old!

    Please Note

    The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

    I would always urge to seek face to face professional advice for clarification prior to taking any action.

    Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
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  19. #19
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    Default Re: Wrong car colour so is the ticket lawful ???

    It was hijacked a couple of days ago. Should be a new threadicon really.


  20. #20
    Basic Account Holder tigercat123 Novitiate

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    Default Re: Wrong car colour so is the ticket lawful ???

    I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.
    My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.
    being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.
    any advise would be appreciated.



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