Invalid PCN legislation help

[londoner83er]

Howdy! I was given a ticket by TFL for unloading (3mins) in a loading bay, which happened to be outside the loading hours. However, my case is that the ticket was issued incorrectly. The stub was placed outside on top of the envelope. (pics attached).I have already written a letter within 14 days and had that rejected on the grounds that I didn't establish grounds for the ticket to be cancelled. (Even though I took a picture of it when I got back!) My question is, what legislation can i use to prove that the ticket is invalid. I can't find any past cases or a direct quote from the Road Traffic Act 1991.

Many thanks if you can help:|

[rogerebaker]

2 things

 

No colour of vehicle.

 

No contravention code on ticket. It requires both the code and description or the code and a leaflet describing the codes. just the description is not enough

 

Both are required for the ticket to comply with 1991 Road Traffic Act

 

see link below

 

http://www.dft.gov.uk/stellent/groups/dft_roads/documents/page/dft_roads_027631.pdf

 

Have a look at the following thread loads of info and links

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/5232-your-parking-ticket-may.html

[nathal]

prob get quoshed on a technicality

[Guest HUSBANDKHAN]

there are approximately 90 codes that can be used to penalise you.

[rogerebaker]

Is there any other info with the PCN. Its sopposed to tell you how to informally appeal and where to write to ?

[londoner83er]

This is on the back of the ticket..

 

 

and this is the options laid out in the response letter...

[rogerebaker]

There is loads of issues here.

 

The 1991 RTA states that the PCN must include details of where (Address) to make informal representations. It dosnt say that, it just says you can make them.

 

They are also confusing the complicated issue of liability for the ticket.

 

The liability lies with the owner and not with the registered keeper. All the gumph about the registered keeper being able to appeal etc etc is plainly wrong.

 

A number of previous judgements by the parking ajudicators have made this point.

 

Have a good read thru the thread I put a link to earlier.

 

on that thread there are links to all sorts of test cases.

 

There are more than enough errors on this ticket to warrant an appeal both informally and formally to the parking ajudicators.

 

Also remember in the recent test case at high court Barnet V Moses the judge stated that the issue of prejudice against the motorist is irrelevant. In the past the councils were saying that yes their PCN were slightly wrong but there was no prejudice caused. The judge blew that out of the water. Either the PCN is correct or it isnt

[londoner83er]

Many thanks for your help!! Ideally, I didn't want to go through all this hassle, but looks like I will have to take it all the way.

[rogerebaker]

Even if you lose it will be the best few quids worth of entertainment youve had