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Incorrect road on PCN


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I have received a PCN last week for parking in a residents area.

However,the road they've put on the PCN is missing the word 'South' on the end of it.

The road they've put on the PCN doesn't exist in the borough without the 'South' bit on the end.

I know it's a long shot but it is it worth appealing?

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Yes, of course. You may win an appeal. It's not a great line of appeal but your chances are better than if you don't appeal! If they turn it down, so be it. I doubt it's worth fighting beyond that - but worth a try now.

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Surely it's potentially as watertight as any other "contravention did not occur" thing. The PCN is for you parking on ".. Road" when you were not there at the time, you were parked on "South .. Road" or whatever.

 

The experts might have better wording, but I'd probably appeal it (it's worth a try) with something like "The contravention is recorded as parking on ..., I was not at this location at this time". If they don't uphold it or reissue the PCN with the correct location (not sure if they can do this) then you'll probably have to pay it unless anyone can spot any non-compliance in the signage.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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Yep, make sure you quote the contavention, ie 'parked in Manchester Street' then point out that there is no such road and thus the contavention did not occur.

 

They may well be cheeky and claim that there was not sufficient room for the whole name, doesn't matter. the contavention has to be clear. If the road doesn't exist, it doesn't exist. No good saying 'High Street, London' because there are dozens!

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I've had a reply,they want my postal address,I quote from the email "so that we may respond accordingly"

 

Should I give it to them?I'm worried they will re-issue another PCN?

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By all means respond to them., I suggest writing rather than e-mail, so an e-mail just to confirm you have now written would be better. They have to make sure they are dealing with the correct person.

 

They cannot issue another PCN. Law prevents that otherwise you can be sure that is exactly what they would. The critical factors are correct VRN, correct location, correct time/date and correct offence/code. Coluor of car doesn't matter, make of car doesn't particularly matter. But the rest are essential.

 

In this case they got the road wrong and as they cannot issue a 'corrected' new PCN, that will be the end of the matter.

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By all means respond to them., I suggest writing rather than e-mail, so an e-mail just to confirm you have now written would be better. They have to make sure they are dealing with the correct person.

 

They cannot issue another PCN. Law prevents that otherwise you can be sure that is exactly what they would. The critical factors are correct VRN, correct location, correct time/date and correct offence/code. Coluor of car doesn't matter, make of car doesn't particularly matter. But the rest are essential.

 

In this case they got the road wrong and as they cannot issue a 'corrected' new PCN, that will be the end of the matter.

 

There is no legal requirement for any 'code' to be on a PCN nor is there any requirement for a location. What is required is the grounds for the issue of a PCN which should include a description of the contravention (not a code) and a location to identify where the contravention took place. Neither the contravention or the location are specific requirements under the law but it would be hard to enforce a PCN without them.

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I've had a reply,they want my postal address,I quote from the email "so that we may respond accordingly"

 

Should I give it to them?I'm worried they will re-issue another PCN?

 

They cannot issue another PCN, and yes you MUST give them your address. They will not respond to your appeal otherwise. You are lucky they came back to you and asked rather than just ignoring the appeal! That's what often happens if there's no address.

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There is no legal requirement for any 'code' to be on a PCN nor is there any requirement for a location. What is required is the grounds for the issue of a PCN which should include a description of the contravention (not a code) and a location to identify where the contravention took place. Neither the contravention or the location are specific requirements under the law but it would be hard to enforce a PCN without them.

 

Oh I agree. What I meant is that if there is a code, it must be correct. If there is a location, it must be correct. Not that there must be one. If they do put a make or colour, it doesn't matter if it is wrong.

 

Sorry for the confusion.

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