Author Topic: Traffic Warden put wrong location  (Read 972 times)

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Traffic Warden put wrong location
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Hi Folks

Need some advise from your goodselves

So i was picking my chid up from school, i was gone less then 1 minute walking to the gate. When i returned to the car i goy a PCN on the windscreen.

So the traffic warden put on there "parked with one or more wheels on or over a footpath or any part of a road other than a carriageway". The thing is on the ticket he has put the wrong road name. The road that I was on was crescent road and he has put that I was on Waremead Road.  Is there any way I can appeal this?

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Re: Traffic Warden put wrong location
« Reply #1 on: »
Wrong location is fatal to the PCN.

You should submit representations on the following lines: -

Dear Sirs

Re PCN <number> served on <date> at Crescent Road

Today I received the above PCN which alleges I committed a parking violation in Warehead Road. However, at the time on the PCN,  I was parked on Crescent Road. As you will be aware, a PCN served by your parking officers is legally obliged to state the location of the contravention. As the location is incorrect, I request that the PCN be cancelled forthwith.

Yours faithfully

Re: Traffic Warden put wrong location
« Reply #2 on: »
Can we hold fire until the OP's claim can be verified..just in case!

OP, we cannot access the authority's photos without your VRM. Alternatively, pl post a GSV link to exactly where you were parked.

Unless local circumstances (see 15(4) in the link) permit a degree of footway parking then don't do it, it's been prohibited since 1974 and any defence based in assisted boarding won't succeed(see 15(5)).


https://www.legislation.gov.uk/ukla/1974/24/section/15

Re: Traffic Warden put wrong location
« Reply #3 on: »
Thanks, I see what you mean about the footway parking, but will they still fine me if they have the wrong address?

Re: Traffic Warden put wrong location
« Reply #4 on: »
If you don't want us to run the rule over exactly where you were parked then go with the suggested reps.

Otherwise, the VRM and a GSV link pl.

Re: Traffic Warden put wrong location
« Reply #5 on: »
Here you go. The image taken by the CEO states waremead road but it isn't. I was parked on Gants hill crescent.

Link
https://maps.app.goo.gl/QJpE1GGhvAMMn4ja7


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Re: Traffic Warden put wrong location
« Reply #6 on: »
You are very lucky!

Councils only have one go at getting PCNs right, so on the rare occasion that they mess up, they lose and you get away with whatever you were doing wrong - in this case parking on the pavement in London, which has been banned for years.

Your defence is that you can prove you were not in Waremead Road as alleged, because the CE's pictures show you were parked outside 56 Crescent Road at the time.

They can't have a second go at getting the PCN right, you'll get away with no penalty. You might have to go through a few more stages of the appeal, but if you follow the process promptly you've been handed a win.

Here's the GSV for other readers.

Re: Traffic Warden put wrong location
« Reply #7 on: »
IMO, suitably modify Incandescent's draft(substitute 56 Gant's Hill Crescent for Crescent and, I would suggest, refer them to their photos) then you're good to go.

Re: Traffic Warden put wrong location
« Reply #8 on: »
As you will be aware, a PCN served by your parking officers is legally obliged to state the location of the contravention.

Actually unless the regulation has changed, location is not mandatory on a reg 9 PCN. In practice it is intrinsic to enforcement to convey to a registered keeper the full grounds on which a contravention is alleged.

As the OP hasn't given the VRM we can't check this - the two roads adjoin so this may be a close call. 

Re: Traffic Warden put wrong location
« Reply #9 on: »
The OP's posted their photos and VRM. The location is as stated i.e. o/s 56 Gant's Hill Crescent.

Re: Traffic Warden put wrong location
« Reply #10 on: »
The OP's posted their photos and VRM. The location is as stated i.e. o/s 56 Gant's Hill Crescent.

Ah yes - not near the other road.

The yellow lines there have inadequate signage - I think it also may be in a CPZ which as I recall is large and has no permit bays and so is not on Redbridge's CPZ map.

Re: Traffic Warden put wrong location
« Reply #11 on: »
As you will be aware, a PCN served by your parking officers is legally obliged to state the location of the contravention.

Actually unless the regulation has changed, location is not mandatory on a reg 9 PCN. In practice it is intrinsic to enforcement to convey to a registered keeper the full grounds on which a contravention is alleged.

As the OP hasn't given the VRM we can't check this - the two roads adjoin so this may be a close call.
As you say, it has to be part of the grounds on which a contravention is alleged. So if location was not given at all, is the allegation complete ? I think not.

Re: Traffic Warden put wrong location
« Reply #12 on: »
We may be splitting hairs a bit here. The OP will win because the allegation is that a specific vehicle was at a specific location at a specific time, and the OP can prove it was not. I can't see that it matters if the location, VRM or time are legally required to be part of the allegation or not, they are present and and the OP can therefore win by disproving them.

Re: Traffic Warden put wrong location
« Reply #13 on: »
We may be splitting hairs a bit here. The OP will win because the allegation is that a specific vehicle was at a specific location at a specific time, and the OP can prove it was not. I can't see that it matters if the location, VRM or time are legally required to be part of the allegation or not, they are present and and the OP can therefore win by disproving them.

I pointed it out because we need to be accurate in what we say.

Re: Traffic Warden put wrong location
« Reply #14 on: »
Thank you everyone. Justa couple of questions
If there is no mandatory requirement for location of the tickey, then can they say therefore that you still have wheels on the kerb anyhow, and you still need to pay?

Also, How should I write the representation?