I got a Council PCN, I forgot to pay. But, the ticket shows the wrong make of car. It says Volkswagen, I have a Nissan, the registration is correct, does it matter?
{moves from classifieds to discussion}
Edited by Dynamic Dave on 19/09/2009 at 14:25
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Bumping this up as was found in the wrong forum and was at the bottom of the list of Saturday's postings after moving across. DD
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I'm not too sure as to the legalities but I'd have thought that, if they expect you to observe all the requirements for parking otherwise they fine you, they should be expected to observe all the requirements and details when sending out the notification of such a fine.
Did that make sense? :-)
Cheers.
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I think you could argue the point that if they got the car wrong, you don't have much faith in them having the registration right, or anything else. I would certainly appeal to the relevant department you might win.
Edited by davecuk on 19/09/2009 at 15:07
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Whatever you do, bear in mind the warden will have taken a load of time and date stamped photos of your car (from several angles), the number plate, its tax disc and the ticket or lack of one, if that was the case.
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One presumes that the PCN was sent by the Council ( it is not a private parking jobbie is it?)
in which case it is what they term a Regulation 10 Notice. Under the Schedule to Civil Enforcement of Parking Contraventions (England) General Regulations 2007 one of the requirements of information that HAS to be included on the PCN is MAKE of Vehicle, which in your case in wrong.
You have failed to pay the PCN in 28 days so bang goes any discount ( normally 50%) so the next thing is that they will send what is called a Notice to Owner ordering you to pay or appeal. Your first line is to appeal back to the Council within 28 days and in this case consider pointing out the Notice is incorrect and therefore does not comply with the Regs and therefore invalid.
They will either accept and NFA or send you a Notice of Rejection and form to take the matter, should you so wish, to the Adjudicator within 28 days.
Bear in mind there will be photographic evidence of your infringement with car details thereon and as in previous cases the Adjudicator, like a Mags Court, has accepted minor errors so it may well be prudent to pay.
dvd
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