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Dippo
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
DW190
QUOTE (Dippo @ Tue, 19 Dec 2006 - 18:56) *
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


The PCN does not conform to the requirements of the RTA 1991.

The Date of issue has not printed and the wording should read "28 days beginning with the date of issue of this notice"
g_attrill
The alignment on that ticket is completely shot to bits, the ticket was probably pulled from the printer while it was printing, or obstructed.

Only the payment slip makes any sense, I would write to them saying that you cannot make any sense of it and therefore expect it to be cancelled.

Gareth
Teufel
1 they have not so admitted - because if they had what you
alim may be true

2 local gov ombudsman (wats of time probably)

otheriwse local press coould be interested
Bazil
The PCN is invalid because there is no date of contavention
The PCN is invalid because it is illegible
The PCN is invalid because no date of issue is printed in the main body of the text
The PCN is invalid because it does not state "You are therefore required to pay a penalty of £ xxx before the end of the period of 28 days beginning with the date of this notice. If payment is received before the end of the period of 14 days beginning with the date of this notice the charge will be reduced to £xxx

Hope this helps.
Barry
husky
I get similar tickets time to time especially from Transport for London and occasionally from Westminster and they all got cancelled so far.

Go for it and challenge it. DO NOT PAY!
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