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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
BenDurkin2003
I am close to issuing a County Court claim against blackpool, can anyone spot anything i've missed in the following?

Thanks

1. The Defendant operates the Decriminalised Parking Enforcement (“DPE”) scheme as per s66 of the Road Traffic Act 1991
2. The process of involves issuing Penalty Charge Notices (“PCN(s)”)
3. s66 of the Road Traffic Act sets out prescribed format which the PCN’s must conform to. One of the requirements is the PCN must contain the words “Date Of Issue”
4. On 16/04/04 and 13/06/04 the Defendant issued to the Claimant PCN numbers BP12511958 and BP10016572 in relation to alleged parking contraventions with the Defendants area of operation.
5. The Claimant paid to the Defendant £190 (2 x £95) believing the Defendant in its status of a local authority was acting lawfully in levying these charges.
6. The Claimant now understands that the PCN’s in question were not worded in accordance with the Road Traffic Act 1991 s66 in that they did not contain the words “Date Of Issue”, additionally the PCN’s contain the words “Date Of Offence” however there are no criminal offences in relation to DPE. The term is contravention.
7. It is the view of the Claimant that these incorrectly worded PCN’s are unlawful and unenforceable.
8. The Claimant claims the return of the £190 paid in respect of these PCN’s
johnjames
I would also state the cases thats what I am going to do. What you have to remember the Judge does not know this and you have to prove this. Also the PCN's and the one that should be used and high light the difference. They will probably use the RTA as a way out but I would point out that as they have not complied they do so at their own risk. This is noted in the circular that they do so at their own risk so again have all the info to hand basically treat the judge as "thick" but with no disrespect as he has not got a clue! Regards John. PS let me know what happens!
DW190
What about claiming interest? LOOK From the date of your payment

You can claim interest on the money the defendant owes you. If you want to claim interest, you must include it in your 'particulars of claim'. Write your claim in the following way:

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest].
Working out interest
To work out the amount of interest you are owed up to the date you start the claim, you first need to work out the daily rate of interest. Using a calculator do the following:

0.00022 x the amount of your claim.
This gives you the daily rate of interest.

You then need to work out the amount of interest you are owed up to the date you issue your claim. Count how many days have passed since the money became owed to you and multiply that number by the daily rate of interest.

For example,

If you are owed £1,000, the rate of interest would be as follows:
0.00022 x 1,000 = 0.22
So the daily rate of interest is 22p.

If the debt became owed to you on 7 March and you are filling in the claim form on 26 April, 50 days have passed.
So, 50 x 0.22 = 11.
You can add £11 to the amount you are claiming.
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