dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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Morning guys,
Need to know where i stand legally, having trouble finding stuff on the web 
Basically a friend of mine got a PCN put on his car (parking charge notice) but the time on it wasn't correct it showed 18.00 - 18.30 and we weren't even there then.
I challenged them about this and they came back saying the 1 is meant to be a / (rubbish as it matches every other 1 in the document and not the / used in the date). Anyway, I need to know whether or not when I stand my ground and say the time clearly shows 1800-1830 therefore the ticket is invalid I will be in the right?
I found an article on the times that clearly states if the date, time .etc isn't correct then it may be invalid, but no more info 
Thanks
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Corsa E-Tec
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Registered: 4th Feb 04
Location: Stevenage Drives: Leon Cupra
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Are you trying to invalidate the ticket so you dont have to pay or where you not actually there?
i had one in scotland, i wrote them a formal letter complaining and never heard back, so maybe you might want to try that.
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Jules
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Registered: 26th Nov 04
Location: Ipswich, Suffolk Status: Happy
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Stand your ground imo Sam, if they fucked up then it's their fault and you should be able to get off it on a technicallity.
It's worth remembering however that I'm not a legal eagle! 
[Edited on 21-09-2006 by Jules]
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BeArDy
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Registered: 7th Aug 00
Location: Manchester
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would have to see a photo of the ticket an weather you could fight it as a 18 0 and a 18:30
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abdus
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Registered: 23rd Feb 06
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is it a printed 1? or written? any documents showing both a printed and writeen version?
you can still report/appeal it to the council or the (independent) parking adjudicator
http://www.parking-appeals.gov.uk/IveReceived/adju_process.asp
[Edited on 21-09-2006 by abdus]
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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I have to follow a certain route in terms of appealing abdus, go to the council first .etc then adjudicator (been looking into it) Thing is it was on private grounds, a cinema car park? The company wasn't a council one but a private one and i'm unsure of whether its the same route of appeal.
Ben i was there later on but the time they are showing is wrong... I'll get the scanned copy now 
Looking into it now i think i'm going to try and appeal that it does not comply with the Road Traffic Act 1991
[Edited on 21-09-2006 by dna23]
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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http://img84.imageshack.us/img84/4652/finefk0.jpg
Look at the time and then below it the date? Both clearly a 1
Also look at the date in the top corner, there is a clear difference between the 1 and the /
I really need to know whether or not they use 24hr timing or not? Clearly they do as there respone was
am = 0800 0830
pm = /800 /830
It so obviously wouldn't be like that?
[Edited on 21-09-2006 by dna23]
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abdus
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Registered: 23rd Feb 06
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it's defintely a '1' from the handwriting...the 12-09-06 was a '1' too and same a s above for the time
i would challenge it esp if i can get a witness
[Edited on 21-09-2006 by abdus]
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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Thinking about something along these lines....
The Parking Charge Notice served to Mr Darwin by TPS did not comply with
Paragraph 1(2)(b) and is consequently void and unenforceable.
(b) the grounds on which the parking attendant who issued the penalty charge notice believed that a penalty charge was payable with respect to the vehicle;
The grounds being 1800 - 1830 are incorrect surely?
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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The CCTV abdus clearly shows us not being there at that time but we were later, thats why i'm unsure as to if i appeal against the time can i either get off it great.... or would they still be able to enforce it? surely not but i need to know
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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looks like the chump has downs anyway, look how well he wrote in the was seen box 
[Edited on 21-09-2006 by Steve]
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abdus
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Registered: 23rd Feb 06
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the grounds here imo would mean the reasons
whereas you need whether there is a (sub)section concerning location and time and how it might render it void/voidable
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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You should see there reply to my letter Steve.
quote:
Dear Mr Darwin
We are in receipt of your email and we noted your confusion. The notice was issued from 800 to 830 and not from 1800 to 1830. If the notice referred to am it would have had 0800 – 0830. In your case the 1 you referring to it should have been a slash. I noted that the slash printed by the issuer attendant may have confused you and we will take steps to ensure that any further notices issued by this attendant will have a clearer line covering the initial square from site to site.
Yours sincerely,
TPS Parking Solutions Ltd
Central Processing Office
TPS UK
PO Box 7135
Kettering
NN16 8BP
In your case the 1 you referring to it should have been a slash.
They are clearly saying that it wasn't a slash here...
[Edited on 21-09-2006 by dna23]
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abdus
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Registered: 23rd Feb 06
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quote:
Originally posted by dna23
The CCTV abdus clearly shows us not being there at that time but we were later
what time were you there?
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RKS
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Registered: 2nd Mar 04
Location: Gloucestershire UK
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if it doesnt say anything on there about what determins am/pm/24hr then they can't do anything, and if it is what they say then both 20 am and 120 pm would look the same on the ticket.
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
User status: Offline
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7.30pm onwards
quote:
Originally posted by --Rikki--
if it doesnt say anything on there about what determins am/pm/24hr then they can't do anything, and if it is what they say then both 20 am and 120 pm would look the same on the ticket.
good point mate good point
Abdus - your point about the time/date .etc and law around that is what i am having trouble finding 
[Edited on 21-09-2006 by dna23]
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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i remember getting a ticket once, i saw it and thought bollox and chucked it on the seat.
took it in the house where it festered for a few days, never thought to look at really. Wrote a cheque and everything, then as i was on my way to post glanced at the slip to notice it was a totally different reg 
some cheeky cunt had placed it on my car when it wasnt even for me  and i almost paid it!
needless to say i didnt have to pay it 
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abdus
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Registered: 23rd Feb 06
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quote:
Originally posted by dna23
You should see there reply to my letter Steve.
quote:
Dear Mr Darwin
We are in receipt of your email and we noted your confusion. The notice was issued from 800 to 830 and not from 1800 to 1830. If the notice referred to am it would have had 0800 – 0830. In your case the 1 you referring to it should have been a slash. I noted that the slash printed by the issuer attendant may have confused you and we will take steps to ensure that any further notices issued by this attendant will have a clearer line covering the initial square from site to site.
Yours sincerely,
TPS Parking Solutions Ltd
Central Processing Office
TPS UK
PO Box 7135
Kettering
NN16 8BP
In your case the 1 you referring to it should have been a slash.
They are clearly saying that it wasn't a slash here...
[Edited on 21-09-2006 by dna23]
in that case, you can challenge them that the / in front of the 12 (12-09-06) is actually a / and that on 2nd september you were not there
ask them for evidence (video)
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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Good point abdus its clearly flawed with problems but.... I've already admitted being there on that day and they can see it on CCTV.
I may need to bring up the fact the 12 and 12 wouldn't be any different and that the date could be /2 09 06
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abdus
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Registered: 23rd Feb 06
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I would ask for CCTV evidence. Do you have the ticket you should at 7:30pm onwards
BTW it's not a problem you admitted being there. You are just challenging the fact that their attendant didnt have a proper watch with a proper time on it
[Edited on 21-09-2006 by abdus]
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
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Another flaw in the ticket, it has been issued because we did not display a proper pay and display ticket/permit but.... The reason we got the ticket was because we parked in the Cineworld car park and the cctv showed us as not going to the cinema but elsewhere.
There are no permits/pay and display passes to display? Its a case of either going to a certain building or not as the reason for your fine.... (if that makes sense)
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AK
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Registered: 5th Jul 00
Location: Aberdeen City
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you were parked illegaly, just fuckin pay it
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dna23
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Registered: 1st Nov 04
Location: Northamptonshire
User status: Offline
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quote:
Originally posted by AK
you were parked illegaly, just fuckin pay it
I'm asking for advice on how the ticket issued was incorrect not your view on whether I should pay it or not. 
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abdus
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Registered: 23rd Feb 06
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some cases are won on technicalities even if the case was lost from the start
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