Unlawful parking ticket/county court

[Starbug]

Hi, i believe i have been issued an unlawful ticket after reading the guidelines in this forum. The ticked has no 'date of issue' and is worded 'notice to pay standard charge'. It is issued by norfolk county services on behalf of north norfolk county council. I will be posting a scan of this ticket later today.

 

The issue that i need advice on is that this matter has now gone to county court. I have been working away, and returned home to find a county court claim. Should i fill out the defense form and point out that the ticket is unlawful? Or should i appeal through the parking adjudication? I may have left it too late to do that, just wanted some advice.

[green_and_mean]

You have not got a PCN you have received a 'standard charge notice' which is completely different. You cannot take it to adjudication and have missed any opportunity to appeal to the Council. If you didn't do what it claimed on the notice you could use that on the defence form for the claim but I think at this stage you are more likely to lose.

[Starbug]

Thanks for your reply.

 

I don't understand how is a standard charge different from a penalty charge?

 

I was parked in a car park and the ticket issued by norfolk county services on behalf of the council. I assume norfolk county services is a private company?

[gwc1000]

Best you post up everything you have. When you say County Court do you mean your local Court?

[patdavies]

It's obviously am Excess Charge Notice (ECN) issued by the Council under the RTRA 1984 as the area concerned is not decriminalised.

[green_and_mean]

It's obviously am Excess Charge Notice (ECN)

 

Not that obvious to SOME people!

[gwc1000]

It's obviously am Excess Charge Notice (ECN) issued by the Council under the RTRA 1984 as the area concerned is not decriminalised.

I thought that, but why has it gone to County Court and not magistrates?

[green_and_mean]

I thought that, but why has it gone to County Court and not magistrates?

 

As far as I know to register it as a recoverable debt ECNs are not 'criminal' fines and therefore are not chased up the same as a non paid fine from magistrates court.

[gwc1000]

As far as I know to register it as a recoverable debt ECNs are not 'criminal' fines and therefore are not chased up the same as a non paid fine from magistrates court.

So it has probably never been to the magistrates, and is just a civil debt?

[green_and_mean]

So it has probably never been to the magistrates, and is just a civil debt?

 

It never goes to magistrates its not a fine is an excess charge levied under the RTRA 1984.

[Starbug]

Hi, i had to break the ticket into 3 parts due to the file limitations on this forum. I've attached them to this post, thanks for all the replies. I don't really understand what the difference is between a pcn and a excess charge?

[green_and_mean]

Hi, i had to break the ticket into 3 parts due to the file limitations on this forum. I've attached them to this post, thanks for all the replies. I don't really understand what the difference is between a pcn and a excess charge?

 

ECNs date back to 1984 when Councils only issued tickets for car parks and parking meters so there was no need for complex legislation or appeals procedure if you didn't pay or overstayed you got a ticket and then either appealled to the Council or paid. In 1991 Councils got more powers to enforce tickets for other offences as civil contraventions this involved complex legislation and an independant appeals system. Some Councils still issue ECNs although they are getting fewer each year.

[patdavies]

A PCN is issued by a Civil Enforcement Officer acting for the enforcing authority (Council) where the area has been authorised for decriminalised parking enforcement (DPE). The contents of the PCN and the processes following are laid down in statute via the Traffic Management Act 2004 (previously the Road Traffic Act 1991).

 

Prior to DPE, parking was enforced by a combination of FPNs (Fixed Penalty Notice) and ECNs (Excess Charge Notice).

 

An FPN is a criminal offence and can only be issued for on-street parking offences. Any appeal is to a Magistrates' Court via a summons replacing the FPN.

 

An ECN works differently. In the Traffic Regulation Order (TRO) for the area where you parked (on or off-street), there will be a 'standard charge'. This will be at at punitive level (eg £75). If you obey all the rules for parking, this charge will be reduced to, for example, £1/hour. Disobey the rules and you are liable to pay the full standard charge.

 

There has not been a wholesale switch from non-DPE to DPE across the country. Each authority must apply for authority to operate DPE. Those that haven't still, and will continue to, enforce via the old system. For example, my local authority has only been authorised to operate DPE since April this year (and a right hash they are making of it...)

[gwc1000]

It never goes to magistrates its not a fine is an excess charge levied under the RTRA 1984.

Oh, ok. I never realised that, I always thought an ECN went to magistrates.

[Starbug]

So can i fight it? Or is the ticket valid?

[green_and_mean]

So can i fight it? Or is the ticket valid?

 

The ticket itself is legal.

[Starbug]

Damn, i was hoping it wasn't. They're claiming costs also, i guess it would probably be in my best interests to pay them before i get a ccj. Thanks for the info.

[patdavies]

Damn, i was hoping it wasn't. They're claiming costs also, i guess it would probably be in my best interests to pay them before i get a ccj. Thanks for the info.

 

An ECN, unlike a PCN, is the liability of the driver - not the RK.

 

You should have had a request from the Council to name the driver under s.112 of the RTRA 1984.