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If you have received a parking ticket in the past 6 years you may be entitled to a refund.
The case of ‘Moses vs. Barnet 2-8-2006’ stated that the ‘P.C.N SHOULD HAVE TWO DATES’. The ‘date of notice or issue’ as well as the ‘time of contravention.
It was judged that ‘no financial liability should arise from a non compliant pcn’ by Judge Jackson.
After receiving notice from the NPAS (National Parking Adjudication Service) circular to include the two dates following the ‘Mc Arthur v Bury’ case many councils did not comply with the request and continued to issue non compliant tickets.
So if you have paid a PCN in the last six years here's what to do.
Using the ‘Data Protection Act request’ found on this site, request copies from your issuing authority. They should keep records of all PCN’S issued
If it is found to be a ‘NON COMPLIANT PCN’ ie does not have the two dates as stated then you should be entitled to a full refund plus statutory 8% interest.(if it goesto court)
Write to the issuing authority and state that the ticket is or was non compliant , refer to the two cases above and the NPAS circular recomendations. Then demand a full refund.
Please note: some councils will claim that 'By paying the PCN you have accepted the contravention'
Do not accept this as it is not the case reiterate Judge Jackson's ruling
This is not my work, incase you couldnt log in to see it I have posted it here
This was covered before - most (if not all) of the councils arrange for their tickets to be reprinted with the correct additional date field for the 'offence'. There are still court cases in limbo in Aberdeen & Glasgow whilst the Council decides what to doi - Edinburgh has already written them all off (However anyone that paid didn't get a refund!).
Many appologies if its been covered before, not trying to steal anyones thunder but how come this info is not a sticky so it wont get lost in the threads.
Many appologies if its been covered before, not trying to steal anyones thunder but how come this info is not a sticky so it wont get lost in the threads.
Without wishing to sound negative, unless you have a whole stack of tickets the time and effort involved is not really worth the £30-£100. Councils will not just pay you back your penalty charge because you demand it. Councils also are not legally as far as I'm aware required to keep a hard copy of your pcn just an electronic record will suffice so all you will get is a copy of that which will be produced using the latest version of their PCN software which will probably include both dates. The only way you will usually get your money back is by taking them to court.
Without wishing to sound negative, unless you have a whole stack of tickets the time and effort involved is not really worth the £30-£100. Councils will not just pay you back your penalty charge because you demand it. Councils also are not legally as far as I'm aware required to keep a hard copy of your pcn just an electronic record will suffice so all you will get is a copy of that which will be produced using the latest version of their PCN software which will probably include both dates. The only way you will usually get your money back is by taking them to court.
I think youl find they are required to keep record of issued pcn tickets
There is an investigation going on elsewhere as to how many wrongly worded tickets were issued, and as to when and why they altered their tickets. This info will be available in the coming months . All im doing here is letting people know. I personally think £30 _ hundred quid refund for a few letters is worth doing if you think its not, then why do you post.
It was a real issue back in 2005-6 or so, but the tickets were quickly changed. From 2007 there's never been a reasong to reactivate this as a problem, so it's no longer a issue (and by extension, not worth keeping as a sticky!).
It was a real issue back in 2005-6 or so, but the tickets were quickly changed. From 2007 there's never been a reasong to reactivate this as a problem, so it's no longer a issue (and by extension, not worth keeping as a sticky!).
I think youl find they are required to keep record of issued pcn tickets
I didn't say they weren't what I said is that they didn't keep a copy of the ticket they gave you. If you write to the council and ask for details of any PCNs you received you will get the details in a letter not a PCN like the PA gives you in the street.
I didn't say they weren't what I said is that they didn't keep a copy of the ticket they gave you. If you write to the council and ask for details of any PCNs you received you will get the details in a letter not a pcn like the PA gives you in the street.
Its exactly those details that will enable you to make a valid claim if the ticket is none compliant as stated below.
Blimey you like a fight, what you like after a few pints .lol
Its exactly those details that will enable you to make a valid claim if the ticket is none compliant as stated below.
Blimey you like a fight, what you like after a few pints .lol
I'm not after a fight just trying to clarify things. The letter from the Council stating your pcn details is not technically a PCN its a record of your PCN similar I know but not the same. Councils are not obliged by any ruling to pay back monies already paid since by paying you have admited guilt and agreed with the penalty. Any mistake on the PCN should be appealled at the time of issue or on receipt of NTO. There is no provision in law to appeal against PCNs after they have been settled. You can however take the Council to Court which is what I said before and will involve going to county court.
I'm not after a fight just trying to clarify things. The letter from the Council stating your pcn details is not technically a PCN its a record of your PCN similar I know but not the same. Councils are not obliged by any ruling to pay back monies already paid since by paying you have admited guilt and agreed with the penalty. Any mistake on the PCN should be appealled at the time of issue or on receipt of NTO. There is no provision in law to appeal against PCNs after they have been settled. You can however take the Council to Court which is what I said before and will involve going to county court.
I believe a case is going to court to establish a precedent for this also a legal opinion has been established that you can reclaim a refund.
also counclis have been refunding on the quiet to avoid such a challenge.
I know you dont believe me but I will keep you posted then maybe a sticky mods !!
I believe a case is going to court to establish a precedent for this also a legal opinion has been established that you can reclaim a refund.
So what you are saying is that if I pay a pcn for parking on school zig zags then five years later I find out in the local paper the TRO is incorrect the Council will have to give me a refund!?
So what you are saying is that if I pay a pcn for parking on school zig zags then five years later I find out in the local paper the TRO is incorrect the Council will have to give me a refund!?
if youve had a pcn in last 6 years
you may be entitled to a refund.
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Originally Posted by nero12
