Legal advice sought for penalty fare notice error

[TonyQuinn]

Citizens of Dulwich, I got a penalty charge notice in the badlands of Clapham earlier even though I had a pay and display ticket....I am sure I was parked in an area non-residents could park. Anyway, after effing and blinding I saw that the muppet had typed out my registration number incorrectly. The Which website says this error makes the ticket null and void. What to do? Does anyone know if that is correct? Unfortunately, Which does not say what to do? Write to the council telling them the error or just leaving it? Was thinking of writing to Lambeth council without stating my real name nor my address, with said pay and display ticket attached. Any legal advice would be welcome.

[Mark]

If they have someone else's registration number on record then they won't be able to contact you. For all you know you have been given a ticket for another vehicle. Forget about it and spend the ?40 on something nice.

[edited once] Added: obviously that's not legal advice.

[HAL9000]

Just my opinion: don't do anything until you receive a formal notice through the post - the chances are the DVLC search (for the driver's details) will reveal the error at the Council's end leading to the ticket being cancelled.

If any correspondence arises - mark your letters "Without Prejudice save as to costs." and make no admissions therein.

[sniffy]

+1 to HAL9000

If you did want to be proactive. Simply write to them stating that that isn't your vehicle.

Which of course it isn't.

Technicality, but FACT :)

[mazza7103]

i would ignore it. they wont be able to issue to charge now.

[katie1997]

Tony - so sorry don't know the legalities of this but I concur with the others, if its the wrong registration on the penalty charge notice then it shouldn't apply to you/your vehicle! I would simply ignore it as doubt if they can issue a charge based on this. Good luck and stay away from the badlands of Clapham :)

[Drxyster]

A number of years ago I was summoned to South Western Magistrates Court having been charged with obstruction by a Police Officer. The officer demanded my name and address, which I gave him.I attended the court and the charge was read out. The registration number on the summons was incorrect by one letter. The Magistrate asked if I had anything to say and I explained that the registration number was incorrect, I had no entitlement to drive the vehichle named on the summons, nor had I ever driven the car on the summons.He asked me for the registration of the car I was driving and asked where it was. I explained it was parked in a road near the courthouse. The case was dismissed. I asked for costs for my time and received ?6.00.

[TonyQuinn]

I think the consensus is to ignore it. In fact I just bumped into a traffic warden and asked him what to do. He just laughed and said forget it. Once DVLA says it's not the car they think it is, they will just bin it, even though they have a photo, which is only supporting evidence apparently.

BTW Hal9000, can you please explain to me what "Without Prejudice save as to costs" means?

Thanks all for your posts.

[Ladygooner]

Same thing happened to me in Brixton - they can't trace you - I never paid up

[ruffers]

What they say. Even in the basically impossible event of them tracking you down the ticket's not valid so just ignore it.

[HAL9000]

TonyQuinn Wrote:

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> BTW Hal9000, can you please explain to me what

> "Without Prejudice save as to costs" means?

I am not a lawyer: my understanding is that a letter marked "Without Prejudice" cannot be used as evidence in any subsequent court action against one. Adding "save as to costs" means that one can use the letter at the end of any such action to claim (or avoid) costs by showing that efforts were made to settle the matter before it went to court.

I think it also puts the other side on notice that the writer is a force to be reckoned with - which may persuade them not to proceed unless they have a cast-iron case.