I have just received that attached PCN which I thought I would post for comments. I have only edited the car reg no, make, model and excise license no.
In October 2006 the NPAS adjudicator ruled in my tribunal against Sefton Council that, "... because the PCN does not contain the two clear dates I conclude that it is invalid and cannot be enforced."
As you can see from the attachment, the new PCN does have a date of contravention (which was missing from the original PCNs and which has been completed by the PA) and a Date of Issue which is blank. Now the reason the Date of Issue is blank could just be a technical problem with the particular machine used to produce this Notice, but then again it could be the council playing silly b*ggars or just being incompetant.
Now to make things even more interesting, this notice has been issued for the alledged contravention"parking without clearly displaying a valid ticket / permit /voucher." I was parked in an alledged pay & display bay marked on the road and I did not have a ticket. The reason for this being that in July 2006 I received a PCN for the same offence in the same bay which I challenged. My appeal was based on the fact (which I put in my appeal) that this particular bay does not conform to the TSRGD 2002 in that all of the lines at one end of the bay have been tarmaced over when red tarmac used to mark a bus stop was laid and they forgot to repaint the lines.
In September (3 months after my appeal) I received a reply which said "I have carefully considered your letter of challenge and I have decided to cancel the notice on this occasion."
I have no intention of appealing to the council and when the NtO arrives I will be saying I want a tribunal hearing. But in the mean time a few questions:
1) If a council know and acknowledge that a particular pay and display bay is illegal but continue to charge people to park there and continue to issue PCNs then are they guilty of a criminal offence (ie fraud, demanding money with menaces)?
2) If the council are still issuing defective PCNs even after a High Court Ruling and a NPAS adjudication relating to them specifically, whom can they be reported to and for what?
3) Is the council guilty of any other offence or breaking any other laws which they can be challenged on, if so what and whom do I complain to?
All advise greatly appreciated.
Click to view attachment