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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
ASE137
Hi Everyone !

I submitted an earlier posting on 25th July regarding a CCTV issued PCN for leaving a motorcycle parked in a loading bay for over 5 minutes without obvious loading occurring (although I was picking up something).

At first I thought the time of contravention was after I would have departed, & requested a video viewing but found (yesterday) that I had taken at least the 5+ minutes inside the premises whilst the motorcycle was unattended...

HOWEVER...

Today I noticed that in reference to an old Pepipoo report of a successful appeal from 2008, the wording on my PCN would appear to be incorrect in exactly the same way as in the earlier case !!

Here is the earlier report:
http://forums.pepipoo.com/index.php?showto...277636&st=0

- and here is the relevant first page of my PCN:
Click to view attachment

Note that as in the earlier Pepipoo example, my PCN says the penalty charge must be paid "...before the end of 28 days beginning with the date on which this notice is served..."

Which I believe to be incorrect as the earlier example exhibits the Road Traffic Act wording as: "...before the end of the period of 28 days beginning with the date of the notice"

Unless something legally significant has changed since 2008, it would seem to me that my PCN is incorrectly worded in precisely the same way as the earlier example, and therefore equally invalid.

I wonder if any members have a similar or contrary opinion, before I make such a representation on grounds of procedural impropriety...??

Thanks.
cream70
QUOTE (ASE137 @ Thu, 23 Aug 2012 - 21:49) *
Note that as in the earlier Pepipoo example, my PCN says the penalty charge must be paid "...before the end of 28 days beginning with the date on which this notice is served..."

Which I believe to be incorrect as the earlier example exhibits the Road Traffic Act wording as: "...before the end of the period of 28 days beginning with the date of the notice"

Unless something legally significant has changed since 2008, it would seem to me that my PCN is incorrectly worded in precisely the same way as the earlier example, and therefore equally invalid.

I wonder if any members have a similar or contrary opinion, before I make such a representation on grounds of procedural impropriety...??

Thanks.



Different regs. Your recent PCN has been served under the TMA act 2004.



Neil B
If you've already posted on a matter you need to keep things in the same thread.
I don't make the rules but that's a forum one.

There's nothing wrong with your PCN in that respect. The change you enquired about is the applicable legislation which is written clearly on yours and clearly on the 2008 one.

Additionally, I believe the advice given in that old thread was probably wrong in respect of the matter you are asking about.
ASE137
Oh, thanks, I'd not noticed that spidery small print on the RHS of the top banner, which is different on the two PCN's ! sad.gif
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