Ok there has been an article in the local Blackpool Gazette by Neil Herron MP who has declared the tickets to be illegal.
Copy of email sent to me by Neil Herron:
"Leading Parking Ticket Campaigner Neil Herron has come to the aid of oppressed motorists in Blackpool. Examination of the local authority's Penalty Charge Notices (PCN) has uncovered evidence that will not only render them legally invalid, but they are worded in such a way to mislead the motorist into believing a more serious criminal 'offence' has been committed rather than simply a civil contravention.
Section 66(3) of the 1991 Road Traffic Act requires that there be a 'date of issue' on the PCN, which Blackpool's now has but there is no reference to a date and time of contravention.
Blackpool have only recently changed their PCNs to include the words 'date of issue,' but fail to include a separate date and time of contravention as the legislation requires.
As it is the Registered Keeper and not the driver who is responsible for payment of the fine, there is a real possibility of prejudice exists and the ticket is capable of being successfully appealed in EVERY instance to the National Parking Adjudication Service. Indeed, the National Parking Adjudication Service has stated that any such ticket which doesn't contain the correct wording is void.
At a Traffic Law Seminar on Thursday 3rd July 2003 8. in Leeds, Caroline Sheppard, NPAS Chief Adjudicator states,
"The PCN has a mandatory information inclusion; without that all notices are void."
However, Blackpool's PCN's have another more serious mistake, and one which could mislead the motorist into believing that he has committed a criminal rather than a civil act. This therefore differs from the cases cited below in one significant way.
On the payment slip it reads "Date of Offence" 7.
As there is no 'offence' there is no requirement to pay 8. Every person who has been misled by this illegally worded PCN should be refunded. We are quite prepared to assist with any action required. We believe that Blackpool are aware of this misrepresentation and have chosen to do continue to demand money from motorists unlawfully.
They further compound this misrepresentation by referring, on Blackpool Council's Parking Services website,9. to the word 'fine' and to 'the driver.'
"If you are a driver who parks your vehicle correctly these changes will not affect you in any way. If, however, you park your vehicle in places where you shouldn't, then don't be surprised if you find yourself on the receiving end of a fine."
The Council should be aware that 'fine' should read 'Penalty Charge.'
And under the 1991 Road Traffic Act it is the 'registered keeper' and not the 'driver' who is responsible for an alleged 'contravention' and not an 'offence.'
A Burnley resident, Ben Durkin, had taken advice from the campaign and issued a 'letter before action' to Blackpool Council. In the letter Mr. Durkin has demanded that his money be returned as Blackpool have misrepresented their position. He gave them 14 days to respond and the letter was sent by recorded delivery on from May 2006. Any response is now long overdue.
It is expected, should Blackpool fail to refund monies taken unlawfully, that legal action will follow. It is expected that this will be a landmark case in which millions of pounds taken unlawfully from motorists in Blackpool will have to be refunded.
Neil Herron states, "Yet again we have caught out another local authority playing fast and lose with their legal responsibilities. Many have cut corners in their attempt to introduce Decriminalised Parking Enforcement, but the law is a two-way street and it is not just the motorist that must obey the law. This is a very serious matter in which the misrepresentation of the legal situation with the inference that a criminal offence has been committed and means that Blackpool have made a catastrophic error and all drivers must be refunded."
Ben Durkin states, "I find it staggering that local authorities such as Blackpool, who are in charge of hundreds of millions of pounds of public money are knowingly extorting money from motorists in this illegal manner. It makes you wonder what else is going on. Personally I wouldn't trust them to run a bath."
The campaign can be contacted by e-mail at
mail@thepeoplesnocampaign .co.uk
ENDS"
Incredibly I appealed against three parking tickets and the council, in a lengthy three-page letter, rejected my appeals (believe me Blackpool reject everything), pointing out to me that there are two different dates shown, the "Date of Issue" and the "Date of Offence", yet incredibly make no mention of the fact that it should show "date of Contravention" and not "Date of Offence".
Re: Your parking ticket may be unlawful 
Re: Your parking ticket may be unlawful 
