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ECN Confusion. Help!


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Hello,

 

I received an ECN from a district council who do not have DPE in place. I remember visiting the area where the alleged contravention took place but was not aware I was doing anything wrong as the sign is very ambiguous. I never received a ticket on my car at the time and the first I knew about it was today when a letter arrived telling me I had 7 days to pay from the date of the letter or risk prosecution.

 

It also had attached a copy of the ECN which was not signed and states:

 

ECN Number: xxxxxxxxx

 

Notice to the driver of vehicle:

xxxxxxx

Make:

xxxxxx

Which was seen in:

xxxxxx xxxxx xxxxxx

At 09:58 on 17/06/09

 

The above numbered vehicle was parked in contravention of the said parking order in that:

No valid parking ticket or permit was displayed on the vehicle.

 

 

Vehicle first seen at 09:47

 

You are therefore required to pay an Excess Charge of £70

 

Payment must in any event be made within 28 days of the date shown above

 

signed:.........................(not signed by anyone)

Car park official

 

 

 

 

 

I have a few issues with this and would like to appeal however;

 

1) I received this notice 63 days after the alleged contravention meaning I have not paid or been able to pay the fine within 28 days

2)The councils appeal system states that appeals made after 28 days of the date of issue of the ECN will not be accepted and I have not been given the chance to do so.

3)The councils website states that ECNs will only be issued in council car parks. On the map of council car parks the area where I parked is not marked as a car park and seemed more like a road with bays in it.

 

 

As the ticket does not state "date of issue" can I have it cancelled on these grounds and also can I have it cancelled as there has been a massive amount of time expired since the original contravention?

 

Is there any official government guidance on how these should be issued. i.e can they be sent after the event with no ticket given to the driver or attached to the vehicle (I know that DPE councils no longer have to do this but does it apply to the Road Traffic Regulation Act 1984 as well?)

 

If they have no eveidence such as photos or CCTV can they proceed against me.

 

Basically, just want to know which route to go down to get this ridiculous ticket quashed.

 

Any help greatfully received

 

James

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Definitely not a [problem] as all the phone numbers for the council concerned are correct. I've been through the switchboard and been put through to automated messages and it also says to pay in one of their parking shops as another option.

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Firstly, for an ECN, the driver is responsible not the RK; so you should have had a request under s.112 of the RTRA 1984 to name the driver.

 

As you already know, this is not DPE - any Court action is in the Magistrates' Court - and the rules for DPE do not apply.

 

As you did not receive an ECN on the vehicle, then you are entitled to start the 28 days for appeal from the time you received the letter - natural justice must surely presume that you cannot appeal something about which you have no knowledge - have you already approached the Council about this.

 

What it comes down to is were you guilty of the offence - if so, I suggest that you pay it now before anything escalates.

 

An ECN can apply to on-street parking - only the TRO can tell you.

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