PCN with incorrect location (with images) |
PCN with incorrect location (with images) |
Tue, 14 Aug 2018 - 21:40
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#1
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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 |
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Tue, 14 Aug 2018 - 21:40
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Wed, 15 Aug 2018 - 09:00
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#2
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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. |
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Wed, 15 Aug 2018 - 17:23
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#3
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New Member Group: Members Posts: 4 Joined: 14 Aug 2018 Member No.: 99,406 |
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 |
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Wed, 15 Aug 2018 - 17:36
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#4
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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Wed, 15 Aug 2018 - 17:46
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#5
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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 -------------------- |
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Wed, 15 Aug 2018 - 18:13
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#6
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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 |
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Wed, 15 Aug 2018 - 21:45
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#7
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New Member Group: Members Posts: 4 Joined: 14 Aug 2018 Member No.: 99,406 |
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. |
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Wed, 15 Aug 2018 - 22:03
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#8
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
........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 |
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Fri, 17 Aug 2018 - 08:52
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#9
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New Member Group: Members Posts: 4 Joined: 14 Aug 2018 Member No.: 99,406 |
........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. |
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Fri, 17 Aug 2018 - 09:36
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#10
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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? |
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Fri, 17 Aug 2018 - 09:37
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#11
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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/ |
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