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> dates on tickets , No date of issue
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OK, below is the background, legislation and what to look for with regards to the Date of Issue. It would appear that two more councils have been found out. The following information has been kindly provided by Neil Herron of the Metric Martyrs fund who like Pepipoo need funds at the moment to keep fighting icon_redface.gif . Sorry for the plug but Neil etc work bloody hard for us with little reward.

The NPAS circular

http://www.parking-appeals.gov.uk/about/ci...%20of%20PCN.pdf

1. MacArthur v Bury (NPAS Circular 04/05)
Case Number BC188 NPAS state, " the date of the contravention is stated, the date of the notice appears only on the tear-off payment slip. Thus, it differs not only from the statute but also from the DoT model, which says 'Date of Issue' at the top. The Adjudicator decided that to comply with Section 66(3) © a PCN must have a date. The date of the contravention is not the date of issue even if, in most cases, the PCN will be issued on the same day as the contravention. A real possibility of prejudice arises from potential uncertainty as to when the 28 day and 14 day periods for payment begin and end. This finding will be of particular interest to those of you whose standard PCNs state the date of contravention on the face of the PCN but specify the date of notice itself only on the tear-off payment slip."
The Bury PCN does not have a date.

2. Moses v Barnet 18th February 2006
Barrie Segal of AppealNow.com who handled the most recent case of Moses v Barnet says (of Barnet's appeal against the Moses decision) “The rejection document is one of the most important documents to be published in the history of parking.”
Yet Barnet in their appeal submission to the adjudicator astonishingly state that if they lost their appeal it would make many parking tickets issued by Barnet council and other London Authorities unenforceable. The Parking Adjudicator dismissed this argument [sic] by stating “Surely good administration commences with compliance with the Law?”

He finally says “It is up to Local Authorities to ensure that PCNs are drafted in compliance with statute.These appeals show only too clearly that the findings of the adjudicators over several years have been disregarded - a most unattractive basis for asserting good administration. I find that Mr. Thorne (the original adjudicator) was correct to find as he did that the PCNs in these appeals were not compliant and could not be enforced."
Barry Segal's other cases on the same point were Freidman v Tower Hamlets and Gerald Poole v Lambeth

3. Sunderland City Council Press Release in Full
ST 117For Immediate ReleasePenalty Charge NoticesFOLLOWING a case involving Bury Council, Sunderland City Council, like manyother local authorities, will not pursue payment of outstanding unpaidPenalty Charge Notices (PCNs) which do not display a date of issue.All PCNs carry the date of the contravention, which in almost every case isthe same as the issue date. The City Council has corrected thistechnicality and all PCNs now bear the date of issue as well as the date ofthe contravention.The City Council's legal advice confirms that all PCNs which have beenissued without an issue date, but were not appealed against and paid at thetime, remain valid and therefore no refunds will be made in thesecircumstances. A small number (46) of PCNs for which payment had been madeafter legal advice was received on November 25th 2005, are beingreimbursed.Any payments outstanding for PCNs which bear the date of issue as well asthe date of the contravention, will continue to be pursued.Ends07/03/2006Issued by:Rose Peacock,Tel: 0191-553 1136Fax: 0191 553 1138Email: rose.peacock@sunderland.gov.uk

4. The Legislation

The legislation is Section 66 (3) Road Traffic Act 1991 which states
(3) A penalty charge notice must state—
(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;
(B) the amount of the penalty charge which is payable;
© that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;
(f) the address to which payment of the penalty charge must be sent.

OK, if you want to ruffle some feathers, then inform the head of legal services that their tickets are illegal, mention the adjudications and ask then how many tickets have been issued using this PCNs icon_hang.gif All COuncils were informed of the above decisions in November so also ask them how many tickets have been issued since the NPAS circular containing the above, was sent. enjoy icon_hang.gif


See Neil Herron's site, report the ticket to LMAG and if you want Barrie Segal to fight the ticket for you, then go to appeal now

Last update: Tue, 1 May 2007 - 13:45 by Fredd    Created: Tue, 1 May 2007 - 13:45 by Wayne Pendle    Edits: 2    Views: 11,791
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