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Resident parking, FPN and wrong code used.


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Hi guys,

Ok here's the story the street I live on has residents parking only and requires a permit, which I do have, however an oversight be me has aloud the permit to expire.

 

Today I go out to find a fixed penalty notice on my screen, issued by Merseyside Police. Far enough i thought, it's my own fault I have been done for this before.

 

Anyway when checking the ticket I notice that the offence code used and the violation don't match.

 

The offence code is 18 where as the violation as written on the ticket is:

 

Parking where prohibited - parking without out date permit.

 

Now code 18 refers to:

 

Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited.

 

 

Now do I have a leg to stand on with this? and if yes will a letter sort it or will I have my day in the magistrates?

 

Thanks.

Mark.

 

PS let me know it you want to see the notice.

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I believe the offence has to be stated clearly on the PCN, and a code would not surfice. i.e. the code is just a quick reference for them which should generate the correct statement of offence. As you have the PCN with the offence clearly identied (in words) then I think the PCN will be valid.

 

However, if you wait for the NtO to be issued, you may well find they use the code shown on the PCN to input into their system which may then generate the NtO showing the wrong offence description. If this happens you may well be able to appeal on the grounds of "procedural impropriatey" for the PCN and NtO not matching.

 

The risk would be that by this stage you are no longer entitled to the discount and if they have corrected the code oversight then you will have to pay the higher charge.

 

I may also be completely off the mark with my analysis which someone else may feel free to correct. :)

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I believe the offence has to be stated clearly on the PCN, and a code would not surfice. i.e. the code is just a quick reference for them which should generate the correct statement of offence. As you have the PCN with the offence clearly identied (in words) then I think the PCN will be valid.

 

 

 

The title of this thread is Resident parking, FPN wrong code used! ;)

 

You have a Fixed penalty which is an offer to settle without going to magistrates court. You have two choices either pay or gamble and take it to Court which will probably cost you more in time and effort and a greater fine if you lose.

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