Author Topic: Manchester - Incorrect Digit - Contravention 06  (Read 38 times)

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Manchester - Incorrect Digit - Contravention 06
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Hi All,

Been some time but bit hit again, after being so good!

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While I am confident I can and should get this overturned on the grounds of a minor keying error, the number 'o' instead of the letter 'O', also I had paid for the session, so no ill intention, however the reason I post is more to get your take on a different ground, if it would be more a valid and instant win

There is a weird red line running through the PCN and secondly thereis some text missing in the centre, although i am not sure if this is due to wear and tear where it was folded within the PCN wallet thingy.


Await to hear back :)

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Re: Manchester - Incorrect Digit - Contravention 06
« Reply #1 on: »
Best to stick with the 'O', and '0' argument, because the legally mandated font for numberplates had the same character for both.

Re: Manchester - Incorrect Digit - Contravention 06
« Reply #2 on: »
Best to stick with the 'O', and '0' argument, because the legally mandated font for numberplates had the same character for both.

Oh intersting, I did not know that both those appear the same visually, learnt something knew there then, the warden surely then must or should check both to be safe ?

Re: Manchester - Incorrect Digit - Contravention 06
« Reply #3 on: »
Couple of cases out of many with the caution that some adjudicators take a hardline. The law that prescribes the VRM font doesn't actually specify a zero - it is identical to an O.




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Case reference   2240383584
Appellant   Shaheen Akter
Authority   London Borough of Newham
VRM   WF09CXV
   
PCN Details
PCN   PN39070079
Contravention date   27 Jun 2024
Contravention time   16:00:00
Contravention location   Shaftesbury Road Car Park
Penalty amount   GBP 130.00
Contravention   Parked without payment of the parking charge
   
Referral date   -
   
Decision Date   14 Nov 2024
Adjudicator   Martin Hoare
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice.
Reasons   Ms Akter submitted ‘On 27 June 2024, I parked my vehicle at Shaftesbury Road Car Park.
• At 15:49, I successfully made the required parking payment via phone for location code 70025, which corresponds to Shaftesbury Road Car Park.
• The payment was confirmed, and I have attached a screenshot of the transaction from my phone, along with a corresponding bank statement, as evidence.
• Despite my payment being made at 15:49, I was issued the PCN at 15:55, claiming non-payment of the parking charge.’
According to the Council there was no valid payment. The correct car registration number is WF09CXV.
Ms Akter entered ‘WFO9CXV’.
It is common ground that the Council received payment. The distinction is trifling .the law is not concerned with a trifle.
In any event, according to the Oxford English Dictionary
Definition of O noun in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more.
oxfordlearnersdictionaries.com

‘O used to mean ‘zero’ when saying phone numbers, etc.
•   My number is six o double three (= 6033).’
The Council has relied on a distinction without a difference.

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Case reference   2250650767
Appellant   Amir Eslami
Authority   London Borough of Waltham Forest
VRM   KF23OHX
   
PCN Details
PCN   FR6600583A
Contravention date   19 Jul 2025
Contravention time   11:23:00
Contravention location   Grange Park Road
Penalty amount   GBP 160.00
Contravention   Parked resident/shared use without a valid permit
   
Referral date   -
   
Decision Date   07 Apr 2026
Adjudicator   Sean Stanton-Dunne
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   This PCN was issued for the alleged contravention of being parked in a resident's or shared use parking bay or zone in Grange Park Road without a valid virtual permit or without clearly displaying a valid physical permit or voucher or pay and display ticket where required or without payment of the parking charge.
I have looked at the CEO's photographs and these show that Dr Eslami's car was parked in a permit holder only parking bay during controlled hours. Dr Eslami has explained that he was given a courtesy car while his own vehicle was being repaired and that he had changed the registration on the permit. It is not in dispute that Dr Eslami has a resident's permit. The Council says that the incorrect vehicle registration had been entered for the courtesy car because the registration was entered as KF23 OHX instead of KF23 0HX. The “O” and the “0” were interchanged.
The keyboard entry 0 may denote a zero but it may, in my judgement, properly be read in the alternative as a letter and the same applies the other way round. If someone wrote 0, it could properly be read as a zero or as the letter of the alphabet. I find that the alleged contravention did not occur.