Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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Thread: Illegal ECN?

  1. #1
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    Default Illegal ECN?

    Hi, I'm looking for a little bit of advice on a parking ticketicon I recieved. Since having my appeal turned down and paid the ticket I have read a few threads on here and other sites that leads me to believe thee ticket my be unenforceable. It was issued by Wakefield Metropolitan District Council, for Not displaying a valid ticket, for on street parking under RTRA 1984. There is no date of issue, only 'noticed at' time and date. The ticket states I hace 14 days from date of issue, not notice. I may have mis-read from other threads but I understand they can not use RTRa 1984 for 'on street' parking.
    Does anyone have any advice? Could I reclaim my fine? I do have a scanner but can not appear to upload to this page.
    Thanks
    Paul


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    Default Re: Illegal ECN?

    RTA 1984 can be and is used for on street 'paid for' parking in non decriminalised parking areas.


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    Default Re: Illegal ECN?

    Quote Originally Posted by green_and_mean View Post
    RTA 1984 can be and is used for on street 'paid for' parking in non decriminalised parking areas.
    Since FPN and ECN arising from RTRA 1984 are criminal matters, I was under the impression that they cannot be used where a DPE regime is in place.


    One of the rules of DPE is that no criminal enforcement of parking can take place (except pedestrian crossing offences)

    CEPC(E)GR 2007 Reg.7
    Criminal proceedings for parking contraventions in civil enforcement areas

    7.—(1) No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention



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    Default Re: Illegal ECN?

    Quote Originally Posted by patdavies View Post
    Since FPN and ECN arising from RTRA 1984 are criminal matters, I was under the impression that they cannot be used where a DPE regime is in place.


    One of the rules of DPE is that no criminal enforcement of parking can take place (except pedestrian crossing offences)

    CEPC(E)GR 2007 Reg.7
    Which is why I said NON decriminalised areas


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    Default Re: Illegal ECN?

    Quote Originally Posted by green_and_mean View Post
    Which is why I said NON decriminalised areas
    Sorry, you're right; comfuddled by the double negative



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE