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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
sinclairlouis
Hi there, a bit new to this so I hope i've posted in the right place... laugh.gif

I recently had a PCN (see attached scan) issued by my local council for failing to show a pay and display ticket.

I had actually paid for a ticket but I think it had fallen onto the drivers seat or footwell when I shut the door after parking. I emailed the council with a scan of the pay and display ticket requesting the ticket to be cancelled on the grounds that I had paid for a ticket and thus the contravention didn't occur.

I got a letter back with a photo of my car from a distance and of the windscreen along with a pragraph stating that the ticket must be stuck to the front windscreen of the vehicle (see attached scan of letter), and that they felt there was insufficient grounds on which to cancel the PCN.

If anyone can see any way out of it I would much appreciate the help... I am a student at college at the moment so coughing up £35/£70 really isnt very appealing!!!

Many thanks,

Louis

PCN Side 1: http://i7.photobucket.com/albums/y288/sinc...pg?t=1209491878
PCN Side 2: http://i7.photobucket.com/albums/y288/sinc...pg?t=1209491972
Respsone from council: http://i7.photobucket.com/albums/y288/sinc...pg?t=1209492010
southpaw82
Got pictures of the markings?
sinclairlouis
erm nope - do you mean the physical markings as in the white paint on the road? I don't currently have photos but could take some when I'm at college tomorrow if that helps..?

for now the only ones i have are the markings which are shown in the picture that the council sent me of my car.

(p.s. thanks for your swift reply!)
emanresu
There have been cases where the claim of "ticket fallen off" has been successful but the odds are against you. Have a look at other posts similar to your own and check for wording of the ticket, the NTO, the NRO and the TRO.

Edit: As a student you'll have plenty of time to look up the issues!
sinclairlouis
I found out earlier while inspecting the envelope in which the PCN came that it says on the back "CIVIL ENFORCEMENT OFFICER PLEASE WRITE NOTICE NO. HERE"... however the notice number has not been written.

Would this be a possible technical reason why the ticket is invalid or not?
southpaw82
I don't see why, there's no legal requirement for them to do so. Your PCN looks legal to me (but then I am tired).
sinclairlouis
okay thanks for having a look smile.gif looks like i might just have to pay! sad.gif
Teufel
some councils will cancel on production of the misisng ticket

those that dont and send the case to adjudicator win - the law is clear that it is yr
reponsibility to ensure displayed

(save one council were its own regs said you had to buy and put ticket in yr car
with nothing about it being doisplated !!!)
UKSkidMark
On the response from the council it says:
"It is a requirement of the local Traffic Regulation order that the ticket is stuck to the front windscreen of the vehicle"

Presumably the TRO was posted on the ticket, or on a sign alongside the machine? I never stick anything to my windscreen, I don't like the residue that gets left behind. I always leave tickets on the dash.
What about a car without a windscreen? They do exist and are perfectly legal.
nimh999
QUOTE (UKSkidMark @ Sat, 3 May 2008 - 01:10) *
On the response from the council it says:
"It is a requirement of the local Traffic Regulation order that the ticket is stuck to the front windscreen of the vehicle"

Presumably the TRO was posted on the ticket, or on a sign alongside the machine? I never stick anything to my windscreen, I don't like the residue that gets left behind. I always leave tickets on the dash.
What about a car without a windscreen? They do exist and are perfectly legal.
This is exactly what I was thinking except what if the ticket is stuck to the side window, displayed and clearly visible?

Is this also a contravention? Would an adjudicator allow an appeal or reject it?
Teufel
provided it s 'displayed' the requirement cannot be that specific or it is unresoanble (and so unlawful)
even if in tro and on ticket machine and rticket - if req is not on machine or ticket then it is not reasonable

fallen into the car footweell is not displayed though
bama
get the TRO and check - sounds like a 'blind' to me.
Even IF true how are you supposed to know that unless they say it on site via signage/text...
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