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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70720
Experience:  Over 5 years in practice.
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I received a PCN for parking in a resident bay but the ticket

Resolved Question:

I received a PCN for parking in a resident bay but the ticket states the address of the offence is a different road to where I actually was. Do the council need to provide evidence of where they say the vehicle was?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

As you appealed to the council, I assume that this is a council ticket and not a private one.

How far wrong is the address on the ticket?

Is it completely wrong or is it a spelling error?

Do you deny parking in the bay?
Customer: replied 3 years ago.

The ticket states Lillieshall Rd ( I have never stopped there) but I was in Macauley Rd and yes I was in a resident bay due to to illegally parked cars where a parking suspension is in place for building works which I was delivering to site and unable to park because of a car with black out plates, ( deliberately taped over) and a Romanian reg car being there without being ticketed. The warden was also seen talking to the Romanian car owner.

Expert:  Jo C. replied 3 years ago.
Thanks.
You could appeal it on that basis.
It is always open to the council to amend the charge against you to the right street but it must be said that councils do not generally do that. Usually they will pursue the PCN that they have and the problem with PCNs is that if the location is wrong then the prohibition is also likely to be wrong.
If the location is a completely different road then I would contest it.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

O,k thanks Jo,

The road is around the corner from this road.

What do you mean by prohibition is wrong if location is wrong?

Does that mean the council are technically wrong because of the address?

Does the council have to provide photographic proof, if asked, or is this just on the say so of the warden entirely?

Expert:  Jo C. replied 3 years ago.
The issue with the address is this. You can park anywhere you like in the UK unless it either causes an obstruction or offends against a prohibition. The prohibitions are different in difference locations. That is why the location has to be correct.
They don't have to provide photographs but they commonly will for evidential reasons.
Customer: replied 3 years ago.

Thanks Jo,

So as it stands this is on the the say of the council depending on prohibitions and considering they don't have a photo of my vehicle ( or have to provide one) in the road they state, this means that they can pursue me without (photo) evidence it was in the road stated?

Expert:  Jo C. replied 3 years ago.
Yes, they can rely on the evidence of the warden.
Customer: replied 3 years ago.

I should the submit evidence that I did with the car with blacked out plates on the road and the other cars. I didn't submit a picture of my car but as you say they don't need photographs and only need to rely on the wardens word. I can't win really then? It's just down to the council and their nepotism/cronyism towards their corrupt warden. I am at a lose as what to do because it can be costly.

Expert:  Jo C. replied 3 years ago.
No, there is no need to black out plates at all. Just submit any evidence that you have that puts the vehicle in a different road.
Its not costly to appeal these things. There are no costs. The risk is that the fine will increase but there are no costs.
Customer: replied 3 years ago.

Thanks Jo,

What I mean't by blacked/taped over plates was that it was done by the owner not me but this was over looked by the warden.

So if I have a photo of my car in the bay on Macauley Rd, although I would be technically in the wrong the fact that it proves I wasn't on lillieshall Rd, as they state, then I could still get my fine doubled?

Expert:  Jo C. replied 3 years ago.
If they find against you then you could.
There is always that risk when you appeal.
Customer: replied 3 years ago.

Thanks Jo,

In your opinion based on the way the council don't need evidence or have not responded/commented to my statement other than quoting a standard line about regulations, what would you recommend I do from here?

Expert:  Jo C. replied 3 years ago.
If the location is a completely different road then I would contest it.
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