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)




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)
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  1. #1
    Basic Account Holder helpneeded11 Novitiate

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    Default Incorrect Information On Penalty Charge Notice

    Hello, Can anyone please advise me on this. I was parked outside my house this morning (sunday) at 9.33am. I was parked on double yellow lines that are broken and all muddied over. And my Penalty Charge Notice states that my vehicle Make is a Vauxhall, it's not it's a Volxswagon. Can anyone help me in knowing if I can contest this ticket on the basis of the wrong make of car being stated on the notice?
    thanks

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  2. #2
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    Default Re: Incorrect Information On Penalty Charge Notice

    Quote Originally Posted by helpneeded11 View Post
    Hello, Can anyone please advise me on this. I was parked outside my house this morning (sunday) at 9.33am. I was parked on double yellow lines that are broken and all muddied over. And my Penalty Charge Notice states that my vehicle Make is a Vauxhall, it's not it's a Volxswagon. Can anyone help me in knowing if I can contest this ticket on the basis of the wrong make of car being stated on the notice?
    thanks
    Can you scan and post the pcnicon and photos of the lines.

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  3. #3
    Basic Account Holder helpneeded11 Novitiate

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    Default Re: Incorrect Information On Penalty Charge Notice

    Unfortunately I don't have a scanner. I just feel that they ask for an astonishing amount of money on these fines. I'm really dissapointed at human beings who do this kind of work for a living.


  4. #4
    Basic Account Holder helpneeded11 Novitiate

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    Default Re: Incorrect Information On Penalty Charge Notice

    The pcnicon Road Traffic Act 1991 - (as amended) Notice Number: ...........series of letters and numbers
    Date of Notice:4/3/2007
    Date of Contravention:4/3/2007
    Vehicle Registration: Nxxxxxx
    Make: VAUXHALL (which its not)
    Colour: Blue
    The street location
    the time
    by parking attendant: 0x

    Parked in a restricted street during prescribed hours
    signatureicon of attendant

    The penalty charge of 60 must be paid before the end of the period of 28 days beginning with the date of notice. The penalty charge will be reduced by 50% to 30 if paid before the end of the period of 14 days beginning with the date of notice.

    then there is a payment slip with the notice number, vehicle reg, date of notice, time and contravention code on it. On the back it's about where to pay and a bit about enquiries and where to write.


  5. #5
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    Default Re: Incorrect Information On Penalty Charge Notice

    Quote Originally Posted by helpneeded11 View Post
    The pcnicon Road Traffic Act 1991 - (as amended) Notice Number: ...........series of letters and numbers
    Date of Notice:4/3/2007
    Date of Contravention:4/3/2007
    Vehicle Registration: Nxxxxxx
    Make: VAUXHALL (which its not)
    Colour: Blue
    The street location
    the time
    by parking attendant: 0x

    Parked in a restricted street during prescribed hours
    signatureicon of attendant

    The penalty charge of 60 must be paid before the end of the period of 28 days beginning with the date of notice. The penalty charge will be reduced by 50% to 30 if paid before the end of the period of 14 days beginning with the date of notice.

    then there is a payment slip with the notice number, vehicle reg, date of notice, time and contravention code on it. On the back it's about where to pay and a bit about enquiries and where to write.
    The wording of the PCN appears to be ok.

    If the lines are badly damaged with numerous breaks you may be able to convince an Adjudicator that they dont comply.

    Note number 4. Permitted Variants = NONE

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    Default Re: Incorrect Information On Penalty Charge Notice

    Hi, in my experiance when I was parked on double yellow lines, that where faded and broken. I contested the parking fineicon to the adjudicator, thats stated in the Highway code that I could only be illeglly parked on continues double yellow line, which won me my case.


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    Default Re: Incorrect Information On Penalty Charge Notice

    Quote Originally Posted by cover View Post
    Hi, in my experiance when I was parked on double yellow lines, that where faded and broken. I contested the parking fineicon to the adjudicator, thats stated in the Highway code that I could only be illeglly parked on continues double yellow line, which won me my case.
    The following may help you:

    1) Legal Authorities.
    MacLeod v Hamilton 1965 S.L.T 305
    If signs to indicate the effect of a "No Waiting" order have not been erected, or signs have been erected not conforming to s.64 of the RTRA 1984 and TSRGD 2002 (SI 2002/3113), no offence against the "No Waiting" order is committed.

    Hassan v DPP [1992] R.T.R. 209, Divisional Court
    The absence of a sign specifying the prescribed hours of restricted parking in a road marked with a single yellow line is fatal to a successful prosecution for a no waiting offence.

    Davies v Heatley [1971] R.T.R 145
    Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.


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  8. #8
    Basic Account Holder helpneeded11 Novitiate

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    Default Re: Incorrect Information On Penalty Charge Notice

    Many thanks to both of you for your help. It is very much appreciated. I'm glad you know your stuff - Power to the People!!


  9. #9
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    Default Re: Incorrect Information On Penalty Charge Notice

    I did reply yesterday but does not seem to be on the site. The ticket is invalid as the vehicle make is incorrect. Make sure you appeal on those grounds, Send all the proof to the council. They will bull **** you and no doubt you will need to appeal to the NPAS. Up to you, wish you good luck



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