PCN - Location and time incorrect

[BeaverKing]

I have received a PCN, where the location is incorrect. It states 'was seen in' Chigwell Road, 'at location' Pay and display. The offence then details that the following contravention has occurred : Stopped on a pedestrian crossing and/or crossing area marked by Zig-zags. I have never seen a pay and display zig-zags.

Also the times noted are from 15.00 to/at 15.00. Does this mean I spent no time committing this offence.

 

I have attached a scan of the ticket. I would appreciate any advise as I am not sure whether this make the ticket invalid.

 

Thanks

SKMBT_C25010022617320.pdf

Edited February 26, 2010 by BeaverKing

[Bernie_the_Bolt]

I have received a PCN, where the location is incorrect. It states 'was seen in' Chigwell Road, 'at location' Pay and display. The offence then details that the following contravention has occurred : Stopped on a pedestrian crossing and/or crossing area marked by Zig-zags. I have never seen a pay and display zig-zags.

Also the times noted are from 15.00 to/at 15.00. Does this mean I spent no time committing this offence.

 

I have attached a scan of the ticket. I would appreciate any advise as I am not sure whether this make the ticket invalid.

 

Thanks

 

You can challenge on the grounds of "vague locus", Chigwell road is long and this could have been in one of a number of places. Greater precision is needed to allow the owner, who may not be the driver, to mount a challenge.

 

Regarding timing, this is an instant contravention, however, I would have thought some time was needed to ensure that you were not stopped to allow safe passage across the crossing, perhaps for something the CEO had not or could not have seen like a dog crossing the road.

 

Both of these would fall under the heading "The contravention did not occur".

Edited February 26, 2010 by Bernie_the_Bolt

[JimmySpangle]

15:00:01 to 15:00:59 are both 15:00. So, up to 59 seconds could have elapsed.

 

Oh, and I would delet3 the attachment and repost it once you have editied out your pesonal details. It is possible for me or anyone else to reply and tell them what to do with their parking ticket. Woudldn't help your appeal.

[BeaverKing]

Is there a template letter for 'Vague Locus' as I think that will be my best option.

As it is a instant contravention and there where no obstructions on the crossing, that part I will omit.

[Bernie_the_Bolt]

Can you give more description of the circumstances please, how was the PCN served?

[BeaverKing]

Vehicle parked near my work place, on pavement overlapping Zig-zags. ticket on screen, when returned to vehicle.

[crem]

Fully on the pavement but inside the zigzags, or was the vehicle partically actually on the zigzag lines?

 

We have been having a long similar discussion on this thread that may be worth reading.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/248347-fined-being-adjacent-zigzag.html

[BeaverKing]

I have had a look through the other thread. I think my only option is to persue the fact that they have siad the location is on a zig-zag and pay and display. Does this make the ticket unenforceable as a contradiction in terms?

[JimmySpangle]

On the parking attendants machine will be various drop down menus. My guess is that 'Pay and display' is the next one to 'pedestrian crossing' and they simply entered the wrong one.

 

The fact that you were not parked in a pay and display should be sufficient grounds to appeal that the alleged offence did not occur.

 

If I park right across a zebra crossing in the high street and get a ticket for parking right across a zebra crossing in high road, the ticket is invalid. Yes I did park illegally, but not there!

[BeaverKing]

I will draft an initial letter, and let you know how it goes. Thanks for your help so far.

[lamma]

"the contravention did not occur"

[BeaverKing]

This will be my initial response, any suggestions?

 

Notice No.

Vehicle Reg.

Date of Notice

Exercise Licence Number

I have received a PCN on Chigwell Road for allegedly stopping on a zigzag marking, where I did not pay and display. This is a contradiction in terms and therefore the PCN is unenforceable as the contravention did not occur.

Please send a notice of discontinuance to finalise this matter.

Yours Sincerely

[Bernie_the_Bolt]

I don't read the PCN as you do. The P&D is the location of the alleged contravention.

 

I would say:

 

A PCN was affixed to my vehicle on Chigwell Road for allegedly stopping on a zigzag marking. The location is given as "At Location: Pay & Display".

 

Unfortunately this does not adequately describe the location or the contravention. Are there really zig zag lines in a pay and display facility in Chigwell Road?

 

Further there are a number of both zig zag markings and pay and display facilities on Chigwell Road [is this true?] and thus impossible for me to determine at which the alleged contravention took place.

 

Owing to the inadequacy of the description of either the alleged contravention or the location it is impossible for me to mount an investigation and ascertain the merits of mounting a challenge.

 

This undermines the founding principles of fairness and justice that civil parking enforcement requires and without which adjudicators have instructed many PCNs to be cancelled. I therefore respectfully request that you exercise your discretion and cancel this PCN.

[BeaverKing]

There are some pay and display car parks for the shops etc and a few free car parks further along (church etc).

I think I will use the letter as above.

Thanks

[Michael Browne]

Further there are a number of both zig zag markings and pay and display facilities on Chigwell Road [is this true?]

There are certainly a number of zig-zags along the length of Chigwell road, but I'm not aware of any P&D bays at all. Can't see any on Google Srtreets either. Would need to be checked out on the ground.

[BeaverKing]

Behind sommerfield is a pay and display (I think) , mainly for that shop. There is also free parking on the road in front of the shops.

There are no pay and displays on the road itself.

[BeaverKing]

They have sent a letter, saying that they will respond within 56 days. I shall return with an update.

[BeaverKing]

Case now discontinued.

 

Thanks for all your help.