Parking ticket. Advice appreciated.

[Robbo78]

My wife recieved a parking ticket from a local traffic warden on Friday 11th December in a residents/permit holders only parking space in a terraced street near to the local school and play group where she takes and picks up our two small children.

 

Our vehicle was parked there for around 10 minutes. On returning to the car with our two children my pregnant wife was issued a ticket from the traffic warden (along with a ticking off) for parking there between 11:37 and 11:45 !

On the reverse of the ticket it states we have 28 days to pay the £30 penalty.

 

Ah well we thought, worse things happen, we'll pay it after Xmas.

 

Anyway two days before Xmas a notice was recieved in the post from the Police telling us that the 28 days have passed and they have not recieved the payment nor any notification should we wish to take the matter to court. The letter claims if we do neither of these things the police "may apply for the £30 penalty plus an additional 50% to be registered against you (us) in your local court for enforcement as if it were a fine".

 

Merry Christmas eh?

 

28 days have passed? No they hadnt! So we looked at the date on the written ticket issued. The traffic warden had written it "12/11/09". (12th November not 11th December).

 

My wife recalls the day being a Friday as she was collecting both our children from nursery/playgroup. However the date they claim the offense happened on 12th November was a Thursday. A day when our youngest boy doesnt attend playgroup. Other than this we have nothing to prove we were not parked there on the date they claim we are!

 

Surely a invalid date on a parking ticket means the ticket is invalid otherwise traffic wardens could write tickets out from the comfort of their own homes making up dates and times.

 

What would be our next step in the procedure? I would imagine we would need to reply in writing but would we need to deny being parked there on the date in question and give the correct date? Or would it mean by giving them the correct date they would just re-issue the ticket?

 

All help and advice appreciated.

 

Many thanks.

 

Rob.

[crem]

Was this issued as a Penalty Charge notice (PCN) or as a Fixed Penalty Notice (FPN)?

 

I think this difference may be significant as a PCN is a legal document and cannot be corrected/re-issued. An FPN however, is only an offer to pay the penalty prior to court and if you refuse this offer the actual court summons can and may be corrected before your court appearance.

 

If it is a PCN then your defence is "the contravention did not occur". It will be very easy to prove, using the CEOs own pocket book, that the date is wrong and therefore the PCN is invalid.

[Robbo78]

It is a Fixed Penalty Notice. FPN

[crem]

As it is a FPN, I am not sure there is any mileage in trying to get the whole thing squashed, but you obviously need to ensure they understand you are paying on time, as I am sure you intend to, so the cost doesn't go up.

 

If any other CAGger thinks it is worth challenging the date error, I am sure they will shout here soon.