What should you do if get the wrong date on a parking ticket? This is not an overly common occurrence, especially in today’s age of Private Parking Companies (PPCs) and Civil Enforcement Officers (CEOs) using electronic devices to issue tickets.
However, if your ticket does have the wrong date on it, depending on if it is a Parking Charge Notice or a Penalty Charge Notice (PCN), will depend on how you can approach an appeal.
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Wrong Date On A PCN (Penalty Charge Notice)
PCNs issued by a council has no specific laws that define what should or shouldn’t be on the notice. That being said, Schedule 4 The Protection of Freedoms Act 2012 (POFA) section 7 outlines the requirements for the Notice To Driver. It indicates the compulsory requirements that must be included on the Notice To Driver.
If any of the information is absent or incorrect, the Notice To Driver can become void, and Schedule 4 of the POFA section 6 has not been adhered to. Failure to comply with Schedule 4 of the POFA section 6 means the registered keeper may not be held liable to the debt of the driver. One of the requirements that should be on the Notice To Driver is when the parking rules were broken and/or breached.
So by having the wrong date when the parking rules were broken and/or breached on the Notice To Driver, it could be seen as an invalid. Also be prepared the an independent appeal or county court could rule that even though the date was wrong, the driver still broke and/or breached the parking rules, so could still make it stand.
Wrong Date On A PCN (Parking Charge Notice)
Parking Charge Notices are based on contract law, so the ticket is a notice that they’re requesting a payment for the breach of the parking rules. Just because a mistake has been made on the Parking Charge Notice, the breach has still taken place regardless. Some else to consider is that other evidence will have be gathered of the offence such as photos. These photos will probably have time stamps on them, and if not, they will have metadata attached to them.
In summary, it’s a minor error for them and it more than likely won’t make any difference to the outcome. The best advice here is to treat the Parking Charge Notice as valid.
Is A Parking Ticket Legal If It Has The Wrong Date On?
The wrong date on a parking ticket will not make it invalid. The PPC or enforcement authority will still argue that a parking infraction took place if you were to appeal it, and will more than likely have evidence to prove it. This will be seen as a clerical error, and will not invalidate the Parking Charge Notice.
However, you should always appeal if you find you have the wrong date on a parking ticket and you have solid evidence that your vehicle was elsewhere on the date of the parking infraction.
What Happens If My Car Is Cloned?
Another thing to consider if you receive a Parking Charge Notice with the wrong, or unusual date on it, is that your licence plate might have been cloned. This is where someone else copies your licence plate and uses it on another vehicle, this is known as car cloning. As you are not responsible for this ticket, so you should definitely appeal.
The first thing you should do is report it to the Driver and Vehicle Licensing Agency (DVLA) and police. Obtain the reference number from the police.
The second thing to do would be to follow the appeals process on the Parking Charge Notice. Include the reference number given to you by the police. Explain that your number plate has been cloned and being used on another vehicle. You will also need to gather as much information and evidence as possible to prove that your vehicle wasn’t in the area where and when the Parking Charge Notice was issued. This could be difficult, but anything from dash cam footage, work car park CCTV, school CCTV, pay and display tickets, etc.
If the PPC or local authority don’t cancel the Parking Charge Notice you can the go to an independent appeal service.
You will first need to find out if the PPC or local council is a member of one of the two Accredited Trade Associations (ATA):
You can then make your way to:
- Parking on Private Land Appeals (POPLA) – If the PPC or local council or is a member of the British Parking Association;
- Independent Appeals Service (IAS) – If the PPC or local council is a member of IPC.
You can then also contact your nearest Citizens Advice and they will help you get legal advice.
TLDR: Wrong Date On A Parking Ticket
- A wrong date on a Parking Charge Notice is uncommon and probably on its own won’t make the notice invalid enough for it to be cancelled;
- Schedule 4 of the POFA section 7 states one of the requirements that should be on a Notice To Driver is when the parking rules were broken and/or breached;
- You should always appeal if you find you have the wrong date on a parking ticket;
- Use evidence such as dash cam footage, CCTV, pay and display tickets, etc to prove your vehicle was elsewhere at the time and date of the issue of the Parking Charge Notice;
- If you believe your vehicle licence plate has been cloned, report it to the police and the Driver and Vehicle Licensing Agency (DVLA);
- Use the independent appeals services Parking on Private Land Appeals (POPLA) or Independent Appeals Service (IAS) if the initial appeal is rejected;
- Citizens Advice will help you get legal advice.
Sources used to write this article: