Help - Search - Members - Calendar
Full Version: Reference to legislation
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Neil B
I've decided to move my own post from a thread because i felt that a discussion on a technical issue was detracting from the original topic - albeit tenuously useful.

Thread concerned was http://forums.pepipoo.com/index.php?showtopic=34645


Which explains the start of the conversation between myself and Anorak.

-

A few Councils do indeed do exactly as you suggest, as i said before. I can't remember who offhand (must remember to make notes) but Birmingham springs to mind as a vague recollection.

The answer though is quite straightforward - and then not - ooooer.

Such information is defined in the statute as you rightly pointed out - hence, if they quote the statute that applies then that, i suppose, is sufficient.

That brings back a previous discussion that is so far unresolved.

1/. That the average Joe in the street cannot be realistically expected to access the legislation, understand it and use it.

2/. Where most London boroughs and some others quote TMA 2004 (as this one) I personally do not believe that is adequate. TMA has no information of direct use. The relevant legislation is the accompanying Regs. Most outside London do head PCNs with those: Most in London don't.

To conclude, I would say then that your point may be arguably valid because the relevant legislation with regard to date of service is not referenced on the PCN. It would be useful if the issue of CEoPC Regs not being quoted could go infront of an Adjudicator - for all the relevant reasons, not just DoS.

Glacier2
I reckon that most London PCNs could be invalid as they don't quote the regs in full.
Neil B
That's what I'm saying and i've raised it a few times before to little reponse. needs adjudication.

-

Fredd
Could you please re-read that first post, as someone might who wasn't familiar with the original thread, and edit it accordingly? At the moment it makes little sense in isolation.
Neil B
QUOTE (Fredd @ Sat, 1 Nov 2008 - 15:43) *
Could you please re-read that first post, as someone might who wasn't familiar with the original thread, and edit it accordingly? At the moment it makes little sense in isolation.


Agreed - and sorted now i think.


-

Glacier2
Is there anything in the TMA 2004 that references London councils? Do they have an opt out somewhere?

I assume the London councils all agreed on a common approach?
Neil B
No idea. Never read it in full.

What i did notice though, unless mistaken, I couldn't find any reference in TMA to the accompanying Regs?

It isn't just London - a few outside too.

One point i would make is that when we formulate or advise on appeals, apart from general reference to TMA, we nearly always refer to specific parts of the Regs - not TMA.

Taking it to extremes i know but imagine this - sitting infront of an adjudicator and saying that you would like to appeal but have not been advised by the enforcement authority of any legislation that applies.

How can you reference something that you have not been told exists?

-

Teufel
i think mentining the act (TMA 2004) is sufficnet as it is that act which gives councils the power to enforce penalties



This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.