Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: johnny_t on December 19, 2024, 10:13:06 am
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Wrong location is often fatal to the authority. This case from London yesterday sets out the reasoning.
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Case reference 2240333815
The Appellant’s case, set out in his representations to the Council, is that the location of the contravention was incorrectly described on the PCN as “Libra Road” whereas the vehicle was in fact parked in Hunters Walk. His photographs appear to show that this is so, and the Council has not dealt with the point at all, either in its Rejection Notice or in its case summary. I consider it highly probable that he is correct.
Although it is of course the case that the driver would in normal circumstances be expected to find the PCN on the vehicle and know where the location was this will not always be the case, and the Owner of the vehicle may well not know the details of the contravention. It seems to me that on this basis both the PCN and NTO w are defective, and no payment may be demanded on the basis of them. The Appeal is therefore allowed.
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Also, these are the relative locations of where I was, and where Redeness Street is. I've never been to Redeness Street, and it doesn't have a taxi rank either...
https://www.google.com/maps/dir/Duncombe+Pl,+York/Redeness+St,+York/@53.9628193,-1.0824374,16z/data=!3m1!4b1!4m14!4m13!1m5!1m1!1s0x487931a64ac047c9:0xaebdaf68e611fe6f!2m2!1d-1.084258!2d53.9617385!1m5!1m1!1s0x487931ba5a58e671:0xf5303ffbb941b6e6!2m2!1d-1.0710457!2d53.9620165!3e2?entry=ttu&g_ep=EgoyMDI0MTIxMS4wIKXMDSoASAFQAw%3D%3D
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I know you said unredacted, but here's some mildly redacted ones...
[attachment deleted by admin]
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Wrong location is normally fatal to a PCN.Please post here both sides of the unredacted PCN - see here for guidance -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Morning All,
I have posted this elsewhere, but was pointed here as being a better source of information....
I parked in a No Parking zone last night (not intentionally, but I genuinely read the signs wrongly) and got a PCN from City of York Council. However, it contains some errors, so I was wondering if I had any opportunity to wriggle out of it...
I was parked almost exactly where the Police Van is here - https://www.google.com/maps/@53.9619289,-1.0839489,3a,75y,159.51h,87.82t/data=!3m7!1e1!3m5!1s8gWW9nCfpbTRWrvF8PDaIg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.1778089477017915%26panoid%3D8gWW9nCfpbTRWrvF8PDaIg%26yaw%3D159.51360084850845!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTIxMS4wIKXMDSoASAFQAw%3D%3D
The details on my ticket say that I was observed from 20:06 to 20:06 (it becomes no parking except for taxis at 8pm)
The location is given as Redeness Street. Redeness Street is a small street, at least a mile away, on the other side of York
The contravention code is 45 - Stopped on a Taxi Rank
Now, obviously the main error is the location, which is completely wrong, but I'd also say that I'm not on the Taxi Rank either (which is marked and in front of me). The 'actual' taxi rank is signed 'no waiting except for taxis' wherease my bit is signed 'no parking except for taxis, 8pm - 10.30 am'
Does any of this give me wiggle-room, or should I just pay up ? I'm a bit worried about inadvertently ending up with the full fine due to delays at this time of year. Also, I'm not saying I didn't park wrongly, I'd just rather learn a lesson, rather than pay for it :)
(Just in case its important, the photo on the council website does clearly show York Minster behind me, so it is fairly obvious where I am, as well as where I'm not)