PCN - Wrong Address

[weaviestevie]

Hi all,

 

Sorry if this has been asked before, Ive found similar threads but not one exactly like this.

 

I was issued a PCN for my car parked in Sydenham Buildings in Bath, however the PCN states Sydney Buildings - an obvious mistake which happens to us from time to time (taxi pick ups in particular). I have never parked my car in Sydney Buildings.

 

I understand that they will have photo evidence which would immediatley alert them to the fact that the ticket is wrong, but surely they will attempt to correct the obvious error. I have my car registered at this address and also registered here with the council for a parking permit (which expired - hence the PCN) they would therefore know that I had no permit at the time of issue.

 

Do I have a chance of getting this ticket rescinded and if so what strategy should I take?

 

Thanks in advance

A

[crem]

Is there another location called Sydney Buildings? If so, then you could respond to the PCN as "the contravention did not occur". It becomes irrelavent that you may have been parked in contravention at another location as that is not what the PCN accuses you of.

 

If there is no such place as Sydney Buildings then it may be argued that the mis-spelling may be allowed under the slipage rule.

[weaviestevie]

Sydney buildings exists on the other side of the city - what are the chances that they would try and issue a corrected notice instead?

 

Thanks

A

[Jamberson]

Impossible. The PCN was served and is in your posession. They can't subsequently change the details.

 

You can appeal it and be quite open about it, even though it's obvious that they made a mistake. Spell it out to them - "I was not in Sydney Buildings, I was in Sydenham Buildings which is on the other side of town, and the PCN is therefore invalid."

 

They have no case to defend it.

[lamma]

wrong location is fatal to the PCN. "The contravention did not occur"

[weaviestevie]

Thanks all, I have emailed the following .... Ill let you know how I get on!

 

Sir,

 

I am writing to contest the above referenced PCN, the ticket states that the car was parked in Sydney buildings, a street in which my car has never been parked. I was not in Sydney Buildings, I was in Sydenham Buildings and the PCN is therefore invalid.

 

I assume that you have photographic evidence which will confirm the above.

 

Regards,

A

[JimmySpangle]

e-mailed?

 

You appeal in writing through the post and send it recorded delivery too.

[Bollotom]

I had a similar PCN where the incorrect location was a different area of London. The initial appeal failed (they needed the money?), so I appealed to PATAS and was successful, so watch out for them trying to grab your money.

[danielr]

e-mailed?

 

You appeal in writing through the post and send it recorded delivery too.

On the only parking ticket that I was issued the ticket stated that I could appeal by contacting a postal address or an email address. (that was in the south west, (Bristol rather than Bath).

 

So I just sent the council a nice email saying that I didn't think that the ticket was fair, signs in the area wasn't clear. and they responded with an auto response saying that the case will be placed on hold, (which I assume means that the discount rate would be placed on hold as well), and that they'd get back to me hopefully within 14 working days.

 

A few weeks later I got a letter (by email) saying that after careful consideration of my comments surrounding the contravention that they would be willing to cancel the penalty charge notice.

[Jamberson]

It's perfectly OK to email an appeal these days, provided you include name, address and PCN number. I think the comment above was a precaution to prove they received it, in case they later deny all knoweldge. Not an issue though - you can always email them again next week and ask for confirmation that the appeal is logged and pending a decision.

[weaviestevie]

The PCN says on the back that email appeals are allowed - I will follow up with another asking for confirmation just to be sure.

A

[Lula]

When dealing with these people ALWAYS get proof of delivery/receipt etc, they are slippery beggers, that goes for banks, DCAs ad nauseum

[JimmySpangle]

Yep. Hence why I say use the post and recorded delivery. Even if you can prove you sent an e-mail, that is not proof they received it. If they acknowledge it then all well and good, otherwise send it by post.

[sameagle]

I seem to remember that an Email can be sent in such a way, that in order for it to be "opened", an acknowledgement has to be returned to the sender.

 

There is a similar procedure for sms', but I cannot remember how either are carried out.

 

The Email thing might be worth looking up and using, the procedure probably varies depending on the Email client that you use.

 

Sam

[JimmySpangle]

Probably can be. It is just better I believe to do things by post. In law something sent by 1st class post is deemed to have been delivered 2 days later. The same does not yet apply to e-mails.

 

Obviously as said, if they get a response then all well and good. If not within a few days, then I would send by post as well.

[lamma]

you can request a 'receipt confirmation' on the mail you send but the set up at the other can be set to 'never send confirmation' and probably is.

[sameagle]

Ah! didn't know about that - it seems that every system has an "anti-system"!

 

am

[Jamberson]

In law something sent by 1st class post is deemed to have been delivered 2 days later.

 

Far be it from me to question your legal expertise, but that would seem to be at odds with the real world!

[lamma]

working days - and its rebuttable. (not post office working days, calendar ones which seem to be different....)

[patdavies]

Far be it from me to question your legal expertise, but that would seem to be at odds with the real world!

 

See S.7 of the Interpretation Act 1978.

[Jamberson]

Just a light-hearted quip.

[lamma]

I think Jamberson's point is that it is "True in law but not in fact".

[weaviestevie]

We have a winner!!!

 

I have just received a letter from the council cancelling the PCN and apologising "for any inconvenience caused".

 

Thanks everyone!

A