| | | CAG Announcements | |
Welcome Guest
Please register
Registration is free
There are no charges for using any of the facilities of this website.
If this is your first visit, be sure to check out the FAQ.
You will have to register before you can post.
To start viewing messages, select the forum that you want to visit from the selection below.
You will also have to register to access our template letters and claims forms
registration is free
Are you being threatened over debts more than 6 years old? This may be unfair
See our new Unfair Trading Guide eBay buyer? Buy more cheaply
Win more often
ConsumerSniper.com Have you been defaulted?
Would you like to clean up your credit file? Check it out | Ebay buyer? ConsumerSniper Free unlimited bids and eBay tools Have you been defaulted?
Would you like to clean up your credit file? Check it out | | | | | | | | Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc. |
19th April 2008, 16:57
|
#1 (permalink)
| | Platinum Account Customer | what needs to be in PCNs for the new Act Required Content of a notice served by an Enforcement Officer
Under s1 of the Schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483 a PCN served by an enforcement officer must contain: (a) the date on which the notice is served; (b) the name of the enforcement authority; (c) the registration mark of the vehicle involved in the alleged contravention; (d) the date and the time at which the alleged contravention occurred; (e) the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable; (f) the amount of the penalty charge; (g) that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served; (h) that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount; (i) the manner in which the penalty charge must be paid; and (j) that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle. Under Part 2(3)(2) of the The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 si 2007 No 3482 a PCN must also contain: A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information— (a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and (b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— (i) those representations will be considered; (ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.
__________________ i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you. I am not a qualified or practicing lawyer. |
| |
19th April 2008, 16:58
|
#2 (permalink)
| | Platinum Account Customer | Re: what needs to be in PCNs for the new Act PCN served by post Under s2 of the Schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483 a PCN served by an enforcement officer must contain: 2. A regulation 10 penalty charge notice, in addition to the matters required to be included in it by regulation 3(4) of the Representations and Appeals Regulations, must state— (a) the date of the notice, which must be the date on which it is posted; (b) the matters specified in paragraphs 1(b), (c), (d), (f) and (i); (c) the grounds on which the enforcement authority believes that a penalty charge is payable; (d) that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice is served; (e) that if the penalty charge is paid not later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount; (f) that if after the last day of the period referred to in subparagraph (d)— (i) no representations have been made in accordance with regulation 4 of the Representations and Appeals Regulations; and (ii) the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the amount of any applicable surcharge and take steps to enforce payment of the charge as so increased; (g) the amount of the increased penalty charge; and (h) that the penalty charge notice is being served by post for whichever of the following reasons applies— (i) that the penalty charge notice is being served by post on the basis of a record produced by an approved device; (ii) that it is being so served, because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person; or (iii) that it is being so served because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9. 3. In paragraph 2 for the purposes of subparagraph (e) the "applicable date" is— (a) in the case of a penalty charge notice served by virtue of regulation 10(1)(a) (on the basis of a record produced by an approved device), the last day of the period of 21 days beginning with the date on which the notice was served; (b) in any other case, the last day of the period of 14 days beginning with that date. Under Part 2(3)(4) of the The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 si 2007 No 3482 a PCN must also contain A penalty charge notice served under regulation 10 of the General Regulations must, in addition to the matters required to be included in it under paragraph 2 of the Schedule to those Regulations, include the following information— (a) that representations on the basis specified in regulation 4 may be made to the enforcement authority against the imposition of the penalty charge but that representations made outside the period of 28 days beginning with the date on which the penalty charge notice is served ("the representations period") may be disregarded; (b) the nature of the representations which may be made under regulation 4; (c) the address (including if appropriate any email address or FAX telephone number, as well as the postal address) to which representations must be sent and the form in which they must be made; (d) that if representations which have been made— (i) within the representations period; or (ii) outside that period but not disregarded, are not accepted by the enforcement authority the recipient of the penalty charge notice may appeal against the authority’s decision to an adjudicator; (e) where the penalty charge notice is served by virtue of regulation 10(1)(a) of the General Regulations (evidence produced by an approved device), the effect of paragraphs (5) and (6). |
| |
19th April 2008, 17:10
|
#3 (permalink)
| | Platinum Account Customer | Re: what needs to be in PCNs for the new Act Notice to owner - Postal Service under the The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 19 (2) A notice to owner served under paragraph (1) must, in addition to the matters required to be included in it under regulation 3(3) of the Representations and Appeals Regulations, state— (a) the date of the notice, which must be the date on which the notice is posted; (b) the name of the enforcement authority serving the notice; (c) the amount of the penalty charge payable; (d) the date on which the penalty charge notice was served; (e) the grounds on which the civil enforcement officer who served the penalty charge notice under regulation 9 believed that a penalty charge was payable with respect to the vehicle; (f) that the penalty charge, if not already paid, must be paid within "the payment period" as defined by regulation 3(3)(a) of the Representations and Appeals Regulations; (g) that if, after the payment period has expired, no representations have been made under regulation 4 of the Representations and Appeals Regulations and the penalty charge has not been paid, the enforcement authority may increase the penalty charge by the applicable surcharge; and (h) the amount of the increased penalty charge. Under The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 No. 3482 part 2(3)(3) a notice to owner (PCN served by enforcement officer) must also contain (3) A notice to owner served under regulation 19 of the General Regulations must, in addition to the matters required to be included in it under that regulation, include the following information— (a) that representations on the basis specified in regulation 4 against payment of the penalty charge may be made to the enforcement authority, but that any representations made outside the period of 28 days beginning with the date on which the notice is served ("the payment period") may be disregarded; (b) the nature of the representations which may be made under regulation 4; (c) the address (including if appropriate any email address or FAX telephone number, as well as the postal address) to which representations must be sent and the form in which they must be made; (d) that if representations which have been made— (i) within the payment period; or (ii) outside that period but not disregarded, are not accepted by the enforcement authority the recipient of the notice may appeal against the authority’s decision to an adjudicator; and (e) in general terms, the form and manner in which an appeal may be made. |
| |
Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
|