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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 10th January 2008, 16:25   #1 (permalink)
patdavies
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Default Ecn

After much time posting here, I have finally got a parking ticket of my very own to play with.

It is an Excess Charge Notice issued by West Berks Council under the RTRA 1984 for failing to display a valid ticket - so far correct.

West Berk is not decriminalised (yet, but soon) but the outer envelope states in clear, large, bold text PENALTY CHARGE NOTICE. Also, remember that an Excess Charge is not a penalty like an FPN. So could I argue that I know that W Berks is not decriminalised and therefore cannot issue PCNs and that a plastic envelope on the windscreen stating Penalty Charge Notice, was regarded as a hoax and disposed of.

Next point. The notice itself has the amount of charge left blank. Is this sufficient to render it void, or can they get away with this on a ECN?
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Old 10th January 2008, 21:39   #2 (permalink)
green_and_mean
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Default Re: Ecn

Are you saying it does not state how much you have to pay?
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Old 11th January 2008, 01:09   #3 (permalink)
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Default Re: Ecn

Yes, exactly that.

I'll scan and post it in the morning,
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Old 11th January 2008, 14:31   #4 (permalink)
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Default Re: Ecn

Perhaps you should just send them a blank cheque?
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Old 11th January 2008, 18:23   #5 (permalink)
Sidewinder
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Default Re: Ecn

That's what I was thinking.

Dear Sir,

Please find enclosed a cheque for £0.00 in respect of ECN No xxxxx as requested.

Yours faithfully,

Surely any document requesting payment has to state clearly the amount due. If no amount stated then no amount due. How else would you know what to pay?
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Old 11th January 2008, 18:59   #6 (permalink)
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Default Re: Ecn

It depends on what the order says.
If the order follows this model I reckon you are OK.
OTOH if the order refers (say) to the excess charge on display in the carpark and it is so on display then you may need a different approach.
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