parking ticket query??

[leetwin]

I had a parking ticket in December of 2006 and it has gone to a bailiff company. Anyway I asked for a copy of my ticket and they sent me a photocopy form they're computer. I was wondering if someone could give me some advice as I dont know how to post a picture of the ticket on here.. Any way does the ticket have to have the parking attendants signiture on it as this ticket doesn't also what else does it have ti show??? I will type a copy of the letter to show you-

________________________________________

Section 66 and Schedule 6

PCN Number:SD40817959

 

Date of issue: 14/12/2006 Time: 14.22

 

Vehicle Registration: (i'll leave this off but its on the ticket)

Make: Vauxhall

 

Seen on 14/12/2006

In W.Brom Bull St. Multi Storey CP, Zone C

by Parking Attendant: SD191

Signature: (no signature here)

 

Who had reason to believe that the following

parking contravention had occured:

Parked after the expiry of time paid for in a pay

and display car park

 

 

Code 82

 

 

You are therefore required to pay a penalty charge

of £60.00 within 28 days.

A discounted payment of £30.00 will be accepted in

full and final settlement if recieved within

14 days

 

See the information overleaf on how to pay or

challenge the issue of this notice.

 

 

 

 

Notice NO: SD40817959 Veh. Reg (it is there)

Date: 14/12/2006 Time: 14:22

 

Please detach this slip, complete the details on

the reverse, and return it with your payment, to

the address shown overleaf.

(bar code here)

______________________________________

any way this is the copy they sent me is there anything to make it unenforcable????

[pt2537]

Section 66 of what? is my first question

 

was it issued by the local authority?

 

if it was issued by the local authority and the PCN says "YOU are required to pay a penalty charge" then it may be wrong

 

in my humble opinion the RTA 1991 provides that it is the Registered keeper who is liable for PCN's not the driver

 

By making reference to 'you' they are are creating a potential for prejudice as the 'you' may or may not be the registered keeper when the PCN is served by attaching it to the vehicle or handing it to the driver. It could well be that drivers may have paid PCNs after being misled by such wording when legally it was not their responsibility.

 

 

im sure that someone else more knowledgable than me will be along shortly to offer some more advice on this

 

regards

 

paul

[pt2537]

Hi, further to my last post....

 

this may be helpful to you,

 

its from neil herrons website

 

 

"Just been on Look North and BBC Radio Humber tonight as the Council's DPE regime gets thrown unceremoniously into the spotlight.

 

On Thursday Philip Nixon is going head to head with the Council over their Penalty Charge Notices at an NPAS hearing.

 

A recent case in Camden ruled that their PCNs were non-compliant and misrepresented the correct legal position by stating 'You are required to pay ..."

 

Hull Council has the same wording on its PCNs and I have a case pending against Bristol on the same point.

 

The full legal arguments will be posted shortly on www.parkingappeals.co.uk but meanwhile the implications for Councils across the country will be that they will suffer another 'Moses Moment'

 

... where the High Court ruled last year that their PCNs were non-compliant on the two date issue.

 

Most councils corrected the error but could not pursue non-compliant PCNs.

 

If the adjudicator rules in Mr. Nixon's favour then Hull will be forced to change the PCNs and will not be able to pursue those that do not comply.

 

The £multi-million question however is that if you have paid are you entitled to a refund. Our legal opinion confirms that you are and we are preparing the legal argument to that effect which will be released on the site within a month."

 

 

 

 

it seems to clarify my point.....

 

regards

paul

[patdavies]

Regardless of the "You" issue, the details regarding payment deadlines is wrong.

 

You are therefore required to pay a penalty charge

of £60.00 within 28 days. A discounted payment of £30.00 will be accepted in

full and final settlement if recieved within 14 days

 

These are required to say "...within 28 days of the date of issue of this notice" and "...within 14 days of the date of issue of this notice"

[pt2537]

So i guess its fair to say that the local authority who issued this ticket (if it was indeed a local authority ticket) are up SH*T CREEK WITHOUT A PADDLE when it come to trying to enforce it eh?

[leetwin]

so can I challenge the ticket is it enforcable... I'd also like to say that wouldn't the officer who put the ticket on surely have to sign it to validate it??? Also yes it was a local authority ticket sandwell MBC

[pt2537]

IMHO you have grounds to appeal against this PCN for the above reasons,

[leetwin]

So is there a template letter on here that I can send to the parking office as i wouldn't know what to write to them????. Also is it the parking enforcement office I would deal with or the Highways department as they're the ones trying to get the money off me ???

[patdavies]

Wait until you get the Notice to Owner and then appeal on the grounds "that the amount exceeds....."

[green_and_mean]

I'd also like to say that wouldn't the officer who put the ticket on surely have to sign it to validate it???

 

Why would the PAs signature be on a copy of the ticket that came off a computer? The signed copy was probably stuck on your car windscreen.

[leetwin]

Why would the PAs signature be on a copy of the ticket that came off a computer? The signed copy was probably stuck on your car windscreen.

 

 

the woman at the highways department said it was a photocopy of the ticket copied over to the pc thats why I asked that...you always try and belittle people dont ya(i've seen some of your other replies)??? :mad:

[leetwin]

Wait until you get the Notice to Owner and then appeal on the grounds "that the amount exceeds....."

 

 

 

Pat I think i've gone way past that stage i've already had the bailiffs at my door over this ticket... I was told on the bailiffs section to check the ticket issued...

[pt2537]

the woman at the highways department said it was a photocopy of the ticket copied over to the pc thats why I asked that...you always try and belittle people dont ya(i've seen some of your other replies)??? :mad:

 

 

Hi leetwin,

 

ive gotta agree with you on this, i have seen many sarcastic and belittling posts from this character and in my own personal opinion it would be better if Green & Mean said nothing ,unless it was constructive and helpful

 

regards

 

paul

[BaldyBaldwin]

have you recieved the "notice to owner" form ?

 

regards BB

[leetwin]

I think I so I recieved quite a few letters off the parking dept when I first had the ticket but was having major problems with the tax credits dept at the time and living on £60 a week with 4 kids so to be fair it was the last thing on my mind... So all the letters were ignored then the bailiffs turned up at my door last week so I posted in the bailiff's sub-forum and they told me to get a copy of the ticket to see if it was valid

regards

Lee