Notice to owner (council owned car park)

[ruskito2003]

Hope some kind person can help me with this one!

I was parked on double yellow lines on a council owned car park, when i returned to my car i found a notice of intended prosicution. I have typed the main points of the letter below. Am i right in saying if they use the word "offence" I can tell them where to go? I was of the understanding that parking offences were de-criminalised and became a contravention of the road traffic act? is this so?

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Road traffic regulation act 1984 section 112

Notice to owner

Date of offence: 17/05/2007
Date of notice: 27/06/2007

Dear sir/madam

you have been sent this notice because you are alleged to to have been the owner of the vehicle with the above registration number on 17/05/2007. On the date the vehicle was seen in blah blah street blah blah town, at 11:59 hours, giving us reasonable cause for belief that an offence had been committed.
A notice of intent to prosecute was issued informing the driver of the offence. we therefore recommend that you pay the sum of 25.00 punds as an out of court settlement to avoid further action being taken.

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The letter goes on to say the word offence several more times. and never states contravention.

what do you think peeps?

[demon_x_slash]

It depends on which Council it was - some operate under the decriminalised parking regulations, and other still operate under the criminal. From the sound of the ticket it's the latter; could you post which Council it was, please? I think patdavies knows which ones are which; alternatively, you may be able to check on the relevant Council website.

[ruskito2003]

thanks for the quick reply.

its telford and wrekin council. I do not understand how the law can be different in different counties. surely the road traffic act was ammended for a reason and all councils should follow guidelines of the ammended act?

Oh these guys drive me mad!

thanks for your help

[demon_x_slash]

I know, it's a stupid system; they should stick with one of the other, but that's Councils for ya

EDIT: Yep, sorry, they operate under Criminal:

"Parking enforcement on the public highway in the Borough of Telford & Wrekin is currently the responsibility of the Police Authority.
In the event of a query, please contact West Mercia Police on 08457 444 888."

[ruskito2003]

damn

so what you are saying is i dont have a leg to stand on? how can these councils pick and choose which legislation they follow? can i challenge this?

its only 25.00 charge but its the principle of the matter. should i ask for photographic evidence?

[demon_x_slash]

You don't have the recourse of the misuse of the word 'offence'. If you type out your ticket in full without the 'blah blahs' someone will be able to check that the wording is correct. If you were parked on the double yellow and so did contravene, and the wording is correct, then yes, you will have to pay the ticket I'm afraid.

[Zamzara]

Originally Posted by demon_x_slash

You don't have the recourse of the misuse of the word 'offence'. If you type out your ticket in full without the 'blah blahs' someone will be able to check that the wording is correct. If you were parked on the double yellow and so did contravene, and the wording is correct, then yes, you will have to pay the ticket I'm afraid.

This is an ECN, not a PCN, so I don't think there is the same requirement for correct wording. If it isn't paid the offence goes to magistrate's court for trial AFAIK.

[patdavies]

As this is issued under the 1984 Act, it is an ECN (Excess Charge Notice).
The only way to challenge this is to request a copy of the TRO (Traffic Regulation Order) for the car park concerned and ensure that the Council have followed it to the letter.

[ruskito2003]

thanks for that

so if i request a copy of the traffic regulation order. are they legally obliged to supply this before I pay the fine? is there an order for each individual car park? or just for each council? if once i get the (tro) could i post that plus a copy of the letter they sent me demanding the cash for you very helpfull people to have a look at and advise on the next step?

[demon_x_slash]

Of course someone'll have a look - it's what the site's for There will be a regulation for every road marking and sign that requires enforcement.

[ruskito2003]

what wonderful people you all are - i'll get the info and post asap

cheers

[patdavies]

Originally Posted by ruskito2003

thanks for that

so if i request a copy of the traffic regulation order. are they legally obliged to supply this before I pay the fine? is there an order for each individual car park? or just for each council? if once i get the (tro) could i post that plus a copy of the letter they sent me demanding the cash for you very helpfull people to have a look at and advise on the next step?

Neither the Police nor the Parking Authority are obliged to provide this information.

You apply to the highway authority (council) for a copy under the Freedom of Information Act Act - they must give it to you unless it is freely published elsewhere. A TRO can be for an individual car park or for all or some car parks. Simply ask for copies of all TROs pertaining the to the car park in question.

You should write to the ticket issuer just before the deadline for payment expires and state that "at this time you are minded to appeal against the ECN". If they have you banged to rights, you can always pay it later.

[ruskito2003]

Thanks again for your help - I'll see what i can find and post accordingly.

[green_and_mean]

The ticket states street not car park so the yellow lines may be classed as on street not part of the car park depending on the exact location. Was it issued by the council or a fixed penalty notice from the police?