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Parking fine

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nathan060187 | 11:43 Mon 05th Apr 2010 | Law
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I received a parking ticked at 21.15 hrs on Saturday evening. It was contravention code 01 "Parking in a restricted street during prescribed hours". Everything is correct on the ticket except the colour of my vehicle. The Traffic Warden has put the colour of my car as black when in fact it is blue. Not even navy blue, it is more a royal blue. Can I use this fact to dodge the fine? As far as I know I am not in view of any CC tv cameras. Much appreciate any advice.
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Contest it. Butterworths Police Law states that the onus is on the issuing authority ergo, in this case, the Traffic Warden to get the details correct.
He hasn't done so therefore the validity of the penalty is questionable.
Couple of years ago a colleague got a ticket for parking his car 20 miles from where he was. Someone had "cloned" his plates. Argue...
16:25 Mon 05th Apr 2010
I dont know about the colour issue, but I got out of this exact contravention by going by and checking that there was no clear signs that it was restricted. I wrote in and they never answered and as that was a year ago I assume it is over. Next time I went there they had put up a sign.
black? blue? im sure after dark they look very similar.

If you have parked incorrectly then just accept the fine and learn from the mistake
Question Author
Thanks grasscarp and redcrx. I was hoping there might be someone from the Council Offices that processes these fines who might know whether it was a point of law or not that the colour as stated by the Traffic Warden had to be correct in order for the ticket to be valid.
Were you parked in a restricted street during prescribed hours?

If so, pay up.
Question Author
I am definitely going to pay up and shut up but it is just bugging me now whether the colour thing is a legal point or not - somebody pleeeease tell me and put me out of my misery!! Solicitors, Traffic Wardens, Council parking fine officers, anybody?
No....I had a yellow car that looked white when it was dark. Blue can look like black. Pay your fine.
Colour is not a statutory field on the penalty so wouldn't invalidate the ticket if listed incorrect.

Grasscarp may well have a point about the signage. Was it a single yellow line you parked on or a double? If its a signal it needs signage to indicate the hours of restriction whereas doubles do not as the indicate 'anytime' restrictions.
Contest it. Butterworths Police Law states that the onus is on the issuing authority ergo, in this case, the Traffic Warden to get the details correct.
He hasn't done so therefore the validity of the penalty is questionable.
Couple of years ago a colleague got a ticket for parking his car 20 miles from where he was. Someone had "cloned" his plates. Argue that the same could be with yours?
Everything is conteatable - its what makes law so enjoyable!
"Butterworth's" Police Law is at least 5 years out of date and as such would not incorporate many aspects of current legislation vis-a-vis the Traffic Management Act 2004 nor PCN regulations amended in 2007.

Here is the Operational Guidance to Local Authorities: Parking Policy and Enforcement (issued 2008)...

http://www.dft.gov.uk...kingenforcepolicy.pdf

The information required for a PCN is listed in section 8.40
The information it is recommended to also record (such as colour) is listed in 8.41
Question Author
Thanks to everyone for your time and effort on this. I'm going to give this some thought - and then pay up!!
contest & loose = extra fine & points
Points for a parking offence tambo? I think not.
i tried to contest a ticket once...as it was dated in the future! i said i can prove i wasnt there...they said they have the details correct at their end so it wouldnt change anything...ah well
Just for the heck of it contest the ticket, and don't forget to report the outcome.
There could be many reasons why the PCN could turn out to be invalid, but the colour of the car is not one of them. Scan all of the PCN, front and back and post it on pepipoo.com and let the experts cast their eyes over it. I certainly would not 'just pay it'.

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