ECN in council car park

[bigegg]

Could someone check this ECN for me to see if it valid?

 

Ta

 

http://i295.photobucket.com/albums/mm132/the_book_man/ecn1.jpg

 

http://i295.photobucket.com/albums/mm132/the_book_man/ecn2.jpg

 

 

[green_and_mean]

Looks ok to me, did you have a ticket?

[Mossycat]

Check old copies of The Wakefield Express, they ran a story a few weeks ago about street signs in Wakefield not been correct yet the Council were still issuing tickets collecting fines and then repaying them if people wrote in pointing out they were incorrect.

 

Check the signage where you were done, hopefully it will be of the old style and therefore not enforceable

 

Mossycat

[bigegg]

Looks ok to me, did you have a ticket?

 

nope - trader's permit

[bigegg]

Check the signage where you were done, hopefully it will be of the old style and therefore not enforceable

 

Mossycat

 

can you give me some more info please - I don't have copies of wakefield express

[green_and_mean]

Inquiry launched into car parking fines - Wakefield Express

[johno1066]

It's an ECN issued under rtra 1984 within a parking place; you will need to obtain the wakefield parking places order and look at the terms on that order. Onstreet signs will have no relevence to this ticket.

 

The only thing that I can see, is that the ECN does not refer to any the legislation or parking order thus is a potential for prejudice. Can you also obtain a photograph of the signs within the car park, this is important because these too, should refer to the parking places order and the details on the sign have to match the order.

 

A point that i'm looking at now, is that they refer to offence, while it is true that an offence is committed for failure to pay the excess charge notice and this is dealt with in Mags, the Council cannot deal with other offences that they allude to; if an offence has been committed, then an FPN would have been issued, not an EPN. Lastly, I would be interested to see how the Council under ECHR article 6.1 can pass themselves off as being able to provide for an independant and impartial hearing.

[green_and_mean]

Lastly, I would be interested to see how the Council under ECHR article 6.1 can pass themselves off as being able to provide for an independant and impartial hearing.

 

If you don't pay the ECN you go to magistrates court which gives you a hearing.

[johno1066]

Indeed, The Mags give you a hearing for failure to pay the excess charge, they do not decde whether the contravention occured which is dealtt with by way of an appeal with the council, an appeal procedure that has no jurisdiction and for the purposes of article 6.1 is not compliant. The council are claiming on their ticket that it is an offence to not display a pay and display ticket yet only the council are stating that they deal with appeals to such an offence, they do not have juristiction to deal with offences thus is one reason for not paying the excess charge, the council by misrepresenting the position and by not being judicial, or indeed being able to profer independent and impartial appeals, have prejudiced the driver by putting him in a position of having committed a further offence as a result.

 

Article 6 provides a detailed right to a fair trial, including the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter), clearly the council cannot offer this subsequently, induces the appellant to committing an offence of failure to pay the excess charge.

[green_and_mean]

I know, The Mags give you a hearing for failure to pay the excess charge, they do not decde whether the contravention occured which is dealth with by way of appeal, in other words, the council are claiming on their ticket that it is an offence to not display a pay and display ticket yet only the council are stating that they deal with appeals to such an offence, they do not have juristiction thus is the reason for not paying the excess charge, the council by misrepresenting the position and by not having juristiction, have prejudiced the driver by putting him in a position of having committed an offence as a result.

 

The magistrates can consider the parking offence as grounds for non payment.

[johno1066]

Can they? are you sure about that? i can't see anywhere in the 1984 rtra where a breach of an order is an offence apart under section 47 which concerns onstreet parking.

[checkthisout]

Hi - i had an ECN notice 5 days ago in Wakefield Queen St and there seems to be no way to pay it. Each time i go online via the ATP telephone or internet or even by phone there is no record of my ECN number. Does anyone know if this is normal, do they have a problem currently and more importantly do i have to still pay it?