Incorrect Information On Penalty Charge Notice

[helpneeded11]

Hello, Can anyone please advise me on this. I was parked outside my house this morning (sunday) at 9.33am. I was parked on double yellow lines that are broken and all muddied over. And my Penalty Charge Notice states that my vehicle Make is a Vauxhall, it's not it's a Volxswagon. Can anyone help me in knowing if I can contest this ticket on the basis of the wrong make of car being stated on the notice?

thanks

[dw190]

Hello, Can anyone please advise me on this. I was parked outside my house this morning (sunday) at 9.33am. I was parked on double yellow lines that are broken and all muddied over. And my Penalty Charge Notice states that my vehicle Make is a Vauxhall, it's not it's a Volxswagon. Can anyone help me in knowing if I can contest this ticket on the basis of the wrong make of car being stated on the notice?

thanks

 

Can you scan and post the PCN and photos of the lines.

[helpneeded11]

Unfortunately I don't have a scanner. I just feel that they ask for an astonishing amount of money on these fines. I'm really dissapointed at human beings who do this kind of work for a living.

[helpneeded11]

The PCN Road Traffic Act 1991 - (as amended) Notice Number: ...........series of letters and numbers

Date of Notice:4/3/2007

Date of Contravention:4/3/2007

Vehicle Registration: Nxxxxxx

Make: VAUXHALL (which its not)

Colour: Blue

The street location

the time

by parking attendant: 0x

 

Parked in a restricted street during prescribed hours

signature of attendant

 

The penalty charge of £60 must be paid before the end of the period of 28 days beginning with the date of notice. The penalty charge will be reduced by 50% to £30 if paid before the end of the period of 14 days beginning with the date of notice.

 

then there is a payment slip with the notice number, vehicle reg, date of notice, time and contravention code on it. On the back it's about where to pay and a bit about enquiries and where to write.

[dw190]

The PCN Road Traffic Act 1991 - (as amended) Notice Number: ...........series of letters and numbers

Date of Notice:4/3/2007

Date of Contravention:4/3/2007

Vehicle Registration: Nxxxxxx

Make: VAUXHALL (which its not)

Colour: Blue

The street location

the time

by parking attendant: 0x

 

Parked in a restricted street during prescribed hours

signature of attendant

 

The penalty charge of £60 must be paid before the end of the period of 28 days beginning with the date of notice. The penalty charge will be reduced by 50% to £30 if paid before the end of the period of 14 days beginning with the date of notice.

 

then there is a payment slip with the notice number, vehicle reg, date of notice, time and contravention code on it. On the back it's about where to pay and a bit about enquiries and where to write.

 

The wording of the PCN appears to be ok.

 

If the lines are badly damaged with numerous breaks you may be able to convince an Adjudicator that they dont comply.

 

Note number 4. Permitted Variants = NONE

[cover]

Hi, in my experiance when I was parked on double yellow lines, that where faded and broken. I contested the parking fine to the adjudicator, thats stated in the Highway code that I could only be illeglly parked on continues double yellow line, which won me my case.

[dw190]

Hi, in my experiance when I was parked on double yellow lines, that where faded and broken. I contested the parking fine to the adjudicator, thats stated in the Highway code that I could only be illeglly parked on continues double yellow line, which won me my case.

 

The following may help you:

 

1) Legal Authorities.

MacLeod v Hamilton 1965 S.L.T 305

If signs to indicate the effect of a "No Waiting" order have not been erected, or signs have been erected not conforming to s.64 of the RTRA 1984 and TSRGD 2002 (SI 2002/3113), no offence against the "No Waiting" order is committed.

 

Hassan v DPP [1992] R.T.R. 209, Divisional Court

The absence of a sign specifying the prescribed hours of restricted parking in a road marked with a single yellow line is fatal to a successful prosecution for a no waiting offence.

 

Davies v Heatley [1971] R.T.R 145

Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.

[helpneeded11]

Many thanks to both of you for your help. It is very much appreciated. I'm glad you know your stuff - Power to the People!!

[griffiths5]

I did reply yesterday but does not seem to be on the site. The ticket is invalid as the vehicle make is incorrect. Make sure you appeal on those grounds, Send all the proof to the council. They will bull shit you and no doubt you will need to appeal to the NPAS. Up to you, wish you good luck