PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PCN with incorrect location (with images)
itwisnyme
post Tue, 14 Aug 2018 - 21:40
Post #1


New Member


Group: Members
Posts: 4
Joined: 14 Aug 2018
Member No.: 99,406



Hi everyone,

This ticket was issued to me, stuck to my car.

The location is wrong on the ticket (this location is around 20 miles from where I was parked).

Do I have grounds to challenge this and is there precedent for an appeal?

Thanks!





This post has been edited by itwisnyme: Tue, 14 Aug 2018 - 21:43
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 10)
Advertisement
post Tue, 14 Aug 2018 - 21:40
Post #


Advertise here!









Go to the top of the page
 
Quote Post
stamfordman
post Wed, 15 Aug 2018 - 09:00
Post #2


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



The location on the PCN establishes where the contravention occurred so if it is substantially wrong then the council must cancel.

That certainly applies in England and I can't imagine it would be different in Scotland.

You just make a simple challenge - "I wish to challenge PCN xxxxx on the grounds that my car [VRM] was not parked at Station Road car park, Callender, on [time, date] as alleged on the PCN, as your own pictures show.* Therefore it must be cancelled."

*Have a look on council site for pics.

Go to the top of the page
 
+Quote Post
itwisnyme
post Wed, 15 Aug 2018 - 17:23
Post #3


New Member


Group: Members
Posts: 4
Joined: 14 Aug 2018
Member No.: 99,406



QUOTE (stamfordman @ Wed, 15 Aug 2018 - 10:00) *
The location on the PCN establishes where the contravention occurred so if it is substantially wrong then the council must cancel.

That certainly applies in England and I can't imagine it would be different in Scotland.

You just make a simple challenge - "I wish to challenge PCN xxxxx on the grounds that my car [VRM] was not parked at Station Road car park, Callender, on [time, date] as alleged on the PCN, as your own pictures show.* Therefore it must be cancelled."

*Have a look on council site for pics.


Thank you.

When you refer to council site and pics, what am I looking for? Pictures of the location at a the time of he contravention?

Sorry if this is a daft question but I'm having trouble finding these.

Are there any other points I can add for weighting my appeal?

This post has been edited by itwisnyme: Wed, 15 Aug 2018 - 17:28
Go to the top of the page
 
+Quote Post
stamfordman
post Wed, 15 Aug 2018 - 17:36
Post #4


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



see what's here:


https://parking.stirling.gov.uk
Go to the top of the page
 
+Quote Post
peterguk
post Wed, 15 Aug 2018 - 17:46
Post #5


Member


Group: Members
Posts: 13,735
Joined: 22 Oct 2007
Member No.: 14,720



Location on PCN is "Station Road Car Park, Callander".

What was the actual location?

This post has been edited by peterguk: Wed, 15 Aug 2018 - 17:46


--------------------
Go to the top of the page
 
+Quote Post
Mad Mick V
post Wed, 15 Aug 2018 - 18:13
Post #6


Member


Group: Closed
Posts: 9,710
Joined: 28 Mar 2007
Member No.: 11,355



So where did you park?
Callander was where they filmed Dr Finlay's Casebook which rather gives my age away. Nice place.
Mick
Go to the top of the page
 
+Quote Post
itwisnyme
post Wed, 15 Aug 2018 - 21:45
Post #7


New Member


Group: Members
Posts: 4
Joined: 14 Aug 2018
Member No.: 99,406



QUOTE (peterguk @ Wed, 15 Aug 2018 - 18:46) *
Location on PCN is "Station Road Car Park, Callander".

What was the actual location?


It was Station Road, Dunblane.

Interestingly, I tried first online, then called the council - there was no record of the PCN.

Am I to assume they noticed their error and scrapped the PCN??

I'll make further enquiries tomorrow.
Go to the top of the page
 
+Quote Post
DancingDad
post Wed, 15 Aug 2018 - 22:03
Post #8


Member


Group: Members
Posts: 25,726
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



QUOTE (itwisnyme @ Wed, 15 Aug 2018 - 22:45) *
........Interestingly, I tried first online, then called the council - there was no record of the PCN.

Am I to assume they noticed their error and scrapped the PCN??

I'll make further enquiries tomorrow.


Woah, never, ever assume a PCN has been scrapped.
You have a piece of paper that is all that is needed to start a process that can end with Sheriff's enforcement officers.
Make the challenge.
I was not parked in …. etc
Go to the top of the page
 
+Quote Post
itwisnyme
post Fri, 17 Aug 2018 - 08:52
Post #9


New Member


Group: Members
Posts: 4
Joined: 14 Aug 2018
Member No.: 99,406



QUOTE (DancingDad @ Wed, 15 Aug 2018 - 23:03) *
QUOTE (itwisnyme @ Wed, 15 Aug 2018 - 22:45) *
........Interestingly, I tried first online, then called the council - there was no record of the PCN.

Am I to assume they noticed their error and scrapped the PCN??

I'll make further enquiries tomorrow.


Woah, never, ever assume a PCN has been scrapped.
You have a piece of paper that is all that is needed to start a process that can end with Sheriff's enforcement officers.
Make the challenge.
I was not parked in …. etc


According to the reverse of the ticket I cannot formally appeal until there is an NTO sent to me and there hasn't been one sent. It has been quite some time now.
Go to the top of the page
 
+Quote Post
DancingDad
post Fri, 17 Aug 2018 - 09:36
Post #10


Member


Group: Members
Posts: 25,726
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Under Scottish 1991 Act no time limit for service of NTO but 6 months would be reasonable as an outside deadline based on TMA2004 and older cases such as Davis.

But PCNs do not just disappear, council must have some record even if they did cancel.
Did you send an informal challenge?
Go to the top of the page
 
+Quote Post
stamfordman
post Fri, 17 Aug 2018 - 09:37
Post #11


Member


Group: Members
Posts: 23,582
Joined: 12 Feb 2013
From: London
Member No.: 59,924



You should make an informal chllange now.

This page seems to indicate there is no NTO stage - surely wrong?

https://www.mygov.scot/parking-tickets/chal...parking-ticket/
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 23:36
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here