Warwick District Council PCN Help Please

[manxie]

Hi

could the experts among you please cast your expert eyes over this pcn that was put on my car, whilst my wife was shopping. She had forgotten to put a ticket on the car but I have challenged its validity on the basis that wording does not comply with the 1991 RTA. They say that they "follow the Traffic Managemnt ACt 2004 therefore you comments regarding the validity of the pcn bear no relevance to this pcn"

I've attached front and back of the pcn and front of their letter.

 

Thanks for you help

Edited July 1, 2009 by manxie
Adding links to larger pictures of pcn and letter

[patdavies]

1) the thumbnails are far too small to read - so unable to comment.

 

2) Since April last year, decriminalised parking enforcement is done under the auspices of the Traffic Management Act 2004; the RTA 1991 is no longer valid for such parking enforcement.

[manxie]

Sorry for the small images. I have now uploaded to Flickr where they are viewable - hopefully.

[manxie]

Can anyone tell me if this pcn is valid. I mistakenly challenged it based on the wording required by the 1991 RTA.

Warwick DC has replied that it was issued under the Traffic Management Act 2004. They have also issued a NTO - what should I do please?

 

 

[green_and_mean]

PCN looks ok if you didn't have a ticket best bet is probably to pay.

[manxie]

The PCN was placed on the car windscreen whilst my wife was using the car. Is this not the ticket?

[patdavies]

The PCN was placed on the car windscreen whilst my wife was using the car. Is this not the ticket?

G&M i referring to a P&D ticket - since the PCN is for not displaying one.

 

Also, you have blanked out the dates in the final section of the front of the PCN (after the ie in both cases) Are these dates correct? Many Councils got these wrong.

[Bernie_the_Bolt]

Also, you have blanked out the dates in the final section of the front of the PCN (after the ie in both cases) Are these dates correct? Many Councils got these wrong.

 

Looks to me like they are not there. This could be argued that they have not specified the dates and is a procedural impropriety. Nothing to lose now by arguing this.

 

Manxie, when you got a response to your informal appeal, was the discount held for a further period of time? If not I would add this as a further procedural impropriety and penalty exceeding the applicable amount.

[TheBogsDollocks]

PCN's that advise that a credit card surcharge will be added as the one one above does have been ruled unenforceable by adjudicators.

 

Parking and Traffic Appeals Service - Key Cases

 

Look under C

[manxie]

Sorry G&M being a bit dim there - my wife failed to display a ticket!

 

PatDavies, thanks for your comments ; the dates in the last section of the pcn are not filled in. They appear thus: (i.e.) so no dates are printed in these spaces.

 

BTB: The letter I received is below and offers an extension of the discount period as mentioned.

I should have further responded and now they have issued me with an NTO.

Copy of WDC here: