PCN with incorrect matching details

[m150984]

Hi Guys, I got this PCN through the post today and they have totally messed it up. It’s for a no right turn on the 11th November 2017, but the image they have supplied is from a totally different car on the 26th October 2017 in a bus lane. Any advice of what action I should take?

[m150984]

Here’s the fully letter

[Laticsforlife]

Hmm, now that is interesting.

Do you,

a) reply saying you've got it wrong,but that then gives them the opportunity to correct it and still fine you or
b) ignore it and let them take you to court as they don't have a leg to stand on or
c) tell them but do it in such a way as they have no time to issue the correct fine in time

I'm going for c)

[Amethyst]

I don't know the rules, but don't they have a certain time to send you the letter following the contravention ? 28 days ? ( unless the DVLA took longer to get back to them with reg owner details then is it up to 6 months ?)
ostell ?

Also can you log in to view the video or are they not that up to date ? ( I know we logged in to watch our wrong way up a bus lane fine video lol )

[m150984]

Hmm, now that is interesting.

Do you,

a) reply saying you've got it wrong,but that then gives them the opportunity to correct it and still fine you or
b) ignore it and let them take you to court as they don't have a leg to stand on or
c) tell them but do it in such a way as they have no time to issue the correct fine in time

I'm going for c)

Sorry if im sounding stupid, how would I do option C?

[Phaeton]

Sorry if im sounding stupid, how would I do option C?

You're not being stupid, I wouldn't know how to do option C either, other than only reply to them at such a time as to not allow them time to reply without being out of time. But I have no idea what that time is

[des8]

The General Regulations: (not interpreting them!)
Penalty charge notices — service by post
10. — (1) An enforcement authority may serve a penalty charge notice by post where—
(a)
on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;
(b)
a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or
©
a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,
and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.
(2) For the purposes of paragraph (1)©, a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.
(3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.
(4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).
(5) Paragraph (6) applies where—
(a)
within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;
(b)
an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)©; or
©
an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.
(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—
(a)
in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or
(b)
in a case falling within paragraph (5)(b) or ©, for a period of 4 weeks beginning with the appropriate date.

[Kati]

not sure if you will get away with an appeal regarding the timescales for issuing the fpn ... looks like councils have up to 6mths to send a NtO

[m150984]

not sure if you will get away with an appeal regarding the timescales for issuing the fpn ... looks like councils have up to 6mths to send a NtO

I think im going to have to just bite the bullet on this one. I'll try and appeal under the grounds the evidence is misleading to the point that the PCN is clearly unenforceable, and also the car in their evidence isnt mine. Maybe they'll just whip it because they realised they've made a massive blunder.

[Kati]

although ... you may get more help with this from the pepipoo forum ( http://forums.pepipoo.com )
they deal with council tickets all the time xx

[Laticsforlife]

I think I'd then appeal saying you didn't do it and the photo proves it, LOL. (don't put LOL in your appeal though!)

Then by the time they cancel it and re-issue it, it'll be after 18/05/18 and their 6 months is up.

So hold off on the appeal until 1st May 2018 which is 28 days after the date of the PCN. Date your appeal 01/05/18 and post it 2nd Class.

[Amethyst]

Having a look at Tangent Link ( not a very big road) ... where's the no right turn bit ? unless it was a U turn ( screen shot of possibly the entirely wrong Tangent Link lol ) but there isn't a no U turn sign.

THink the video ( when they find the right one ) has to show the signage before the turn, as the 50R contravention is for ignoring the sign. des8 posted about this on http://legalbeagles.info/forums/foru.../50206-pcn-50l (about left hand turn) a while back.

[Amethyst]

Ahhhh looks like it's prohibited to turn right out of the B&Q carpark looking at someone elses post

. The no right turn is apparently at Tangent Link for customers coming out of B&Q in Harold Hill. He did not notice any signs but on revisiting he now noticed that there is one there.

and yip shows it on street view....

whether it's in their video or not is another matter, depends where the camera is.

I'd still challenge it initially based on the photo not being of your vehicle or the same place, and ask for access to the video of the alleged contravention. Pepipoo will have better ideas I suspect though so worth a mooch.