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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
fine me a your peril!
Hi there

I received a 'parking fine' from a PPC called Vinci Park Services. I am seeking your help to advise if you feel this is enforceable or not.

This was issued for parking on Council-Owned land (Henley on Thames Town Council - South Oxfordshire). They label the parking ticket as a 'Excess Charge Notice' however - based on my research elsewhere - I'm not sure anyone but the council can issue these.

The ticket references a 'contravention of the Off Street Parking Places Order 2009' which I can find no reference to. It contains the council logo to make it look legitimate.

I have rung the Council and they assure me it is enforceable, despite this being a PPC. See the ticket image attached.

A few questions:

1. Is this really an ECN?
2. Can a PPC enforce this?

If they cannot enforce an ECN I feel I have a strong chance of appeal using all the usual arguments (http://www.penaltychargenotice.co.uk/free-letter-templates/standard-appeal-letter/), however if they can enforce this it is just not worth the hassle and I'll swallow £70...

Thoughts gratefully received.

Best, Ronan
Mad Mick V
Issued by a Council; the order is here:-

http://www.henleytowncouncil.gov.uk/contro...tc&aID=2604.

Have a look on this site for other Oxfordshire ECNs which have caused a great deal of comment.

Mick
Enceladus
Looks like South Oxfordshire is not decriminalised.

These Excess Charge Notices are well nigh impossible to appeal. You would have to plead your case in the Magistrates Court where the charge will be non-payment of the ECN, not the merits of the original ECN. So you will be guilty as charged and run the risk of considerable extra surcharges.

My advice is pay it at the discount.
hcandersen
Back of the ECN please.
i need help
The ECN is unenforceable due to the wording, however an ignorant Mags Ct may not agree.

DancingDad
QUOTE (i need help @ Mon, 13 Jul 2015 - 17:35) *
The ECN is unenforceable due to the wording, however an ignorant Mags Ct may not agree.


And therein lies the rub

All you need is a crusty magistrate who couldn't find a parking space cos someone nicked their spot and no consideration will be given to niceties of wording.
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