PCN issued with wrong make of vehicle - Newham Council

[Sipea71]

Hi

 

I have been issued a PCN contravention code 12 by Newham council.

 

I had parked in a resident/pay and Display bay and went to my customers property where I had an appointment.

 

They did provide me with a visitors permit however, admittedly we were chatting for a while then we noticed the traffic warden who was promptly issuing a ticket.

 

I showed him that I had a resident parking permit and he responded with the expected ' I've printed it now nothing I can do' attitude.

 

The ticket does state my correct registration number however it does not state the correct make of car.

 

The PCN clearly states Vehicle Make:Vauxhall, my car is a Peugeot !

 

Can anyone give me any advice please ?

 

Thanks in advance

 

Simon

[green_and_mean]

How long was the observation on the PCN? You are allowed time to get a permit usually about 5 mins so I would appeal on those grounds rather than the type of car.

[patdavies]

This is from the regulations about the content of a PCN

Contents of a penalty charge notice served under regulation 9

 

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

(a) the date on which the notice is served;

(b) the name of the enforcement authority;

© the registration mark of the vehicle involved in the alleged contravention;

(d) the date and the time at which the alleged contravention occurred;

(e) the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

(f) the amount of the penalty charge;

(g) that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h) that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

(i) the manner in which the penalty charge must be paid; and

(j) that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

 

Nothing there about the need for the make of the vehicle to be accurately recorded...

[Sipea71]

Hi Thanks for the info.

 

Firstly G&M, I think it was a good 10 mins before we noticed the warden ( so no go there I think!)

 

The PCN clearly states the VRN correctly but Vehicle make incorrectly and the wording underneath says:

 

Civil Enforcement Officer **** has reasonable cause to believe that a penalty charge is payable with respect to the above vehicle for the following contravention : .......................................blah blah blah

 

My argument is that CEO **** may have reasonable cause to believe whatever he wants about a Vauxhall with my Reg number, however, my car is a Peugeot, so surely the PCN refers to a vehicle that does not exist and therefore must be invalid ??

 

If there was no vehicle make given on the ticket I would probably let it go, however frustrating it is, but these guys want £100 I haven't got !!

 

I may just fire off a letter contesting it anyway and see how it goes.

 

Thanks for the advice and if anyone else know a definitive answer or reason I should not write please let me know

 

Thanks again

 

Simon

[green_and_mean]

Hi Thanks for the info.

 

Firstly G&M, I think it was a good 10 mins before we noticed the warden ( so no go there I think!)

 

The PCN clearly states the VRN correctly but Vehicle make incorrectly and the wording underneath says:

 

Civil Enforcement Officer **** has reasonable cause to believe that a penalty charge is payable with respect to the above vehicle for the following contravention : .......................................blah blah blah

 

My argument is that CEO **** may have reasonable cause to believe whatever he wants about a Vauxhall with my Reg number, however, my car is a Peugeot, so surely the PCN refers to a vehicle that does not exist and therefore must be invalid ??

 

If there was no vehicle make given on the ticket I would probably let it go, however frustrating it is, but these guys want £100 I haven't got !!

 

I may just fire off a letter contesting it anyway and see how it goes.

 

Thanks for the advice and if anyone else know a definitive answer or reason I should not write please let me know

 

Thanks again

 

Simon

 

It doesn't matter when you saw him what matters is how long he saw you parked before he issued a PCN.

Even if you end up paying most Councils will reduce the penalty to the lower rate if you produce a permit that was valid on the day in question, so the most you should end up paying is £30.

[Sipea71]

I have no way of proving how long he waited and the resident permit is a cardboard one that is filled out in pen at the time of parking, so could be written at any time so I don't think they will go with that !!

[green_and_mean]

I have no way of proving how long he waited and the resident permit is a cardboard one that is filled out in pen at the time of parking, so could be written at any time so I don't think they will go with that !!

 

It should be on the PCN or at least in his notes you NEED to know. It doesnt matter if you filled in the permit today as long as it was valid they should accept it and lower the fine to the lower rate that is the policy of the 'London Councils'.