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Full Version: Please Help!PCN may have date of issue questions arising???
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
bunny16
Hope somebody can help me!

Just been issued a PCN by a council and it ws overstaying on a pay/display ticket.

However the PCN does not state what time the warden arrived only the time the ticket was issued, also it does have the time the pay and display expired?

Do i have grounds for fighting this?

thanks Bunny16
Silver City Tim
The thought did occur to me that one could. The argument against it would be that to issue the PCN, your car had to be present at the time of issue. Someone might be aware of any case law that applies. Is it compliant with all the other usual slip-ups? Has it a seperate date of contravension and date of issue? Does it say "you are required to pay?"
bunny16
Thanks

Yes it does have sep dates etc

Does a warden have to wait to wait a set amount of time between seeing the car and issuing the ticket?

Although I was over on the display ticket it was only about 10mins? The time the pay and isplay ticket expired was not printed on the PCN although there is clearly a section for this???

Any ideas???
Teufel
the contravention needs to be properly described

the date and time of issue are seperate to the contravention
(from moses JR)

a well argued challenge should win
bunny16
Thanks

What I would like to know is whether the warden has to wait a certain time before issuing the ticket?

Also whether even though I was ten minutes over I should still argue that the PCN was not valid due to the msiing information?

Thanks

Bunny16
Silver City Tim
They are expected to wait 2 minutes to ensure a car isn't dropping off a pasenger. If it is a van they wait 5 minutes to ensure there is no loading taking place. They should have entered this observation period in their notes. It doesn't have to be on the PCN. You can still appeal but it would be up to you prove you were loading. I think there are cases on this site that exploit a vagueness in the law.
Teufel
there is no reqwuired observation period

however evidentially it may then be difficlut for them to
defaeat a claim of exemption for passenger or loading
(if applicable - not applicable for overstay in PandD)
bunny16
Ok have checked the PCN again and see that at the top it has Date of this Notice and only on the tear of slip does it have a date of issue?

Is it valid stilll? or must the date of issue appear on the top half of the PCN and not only on the tear off slip??

Help!!!
Wayne Pendle
Date of issue and date of contravention must be on the main part of the ticket. The tear-off slip does not count as being the main body of the PCN.

Before a definitive answer can be provided, really we need a scan of the PCN and an indication of the town/county within which the PCN was 'issued'.
Teufel
date of notice notice has the same meaning as date of issue

the tear off is not part of the pcn

see moses v barnet etc
bunny16
PCN was issued by Enfield Council.

It seems that I am going to have to pay up on this one??

Unless anyone has any other ideas as to appeal?

Thanks for the replies so far

Bunny16 biggrin.gif
Wayne Pendle
I think you miss the point of this site entirely, we don't offer a free ticket busting service. I'm afraid you have to do your own homework. Read the threads already on the site, alternatively you can run along and pay the ticket.
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