Old 2007 Ticket Legal or Not?

[Alitizi]

Can anyone give me an opinion on old tickets – I don’t know when the latest act came into force, the ticket below is May 2007.

 

The reason I am querying this ticket is from the old post below & a Peterborough case of 2006, if that old case info correct and the act was not changed by the date of this ticket then does that make this ticket below unlawful?

 

Peterborough Telegraph

Following several high-profile cases in England, an independent adjudicator from the Parking and Traffic Appeals Service (PTAS) ruled that if a ticket does not have a "date of notice" written on it, it cannot be enforced.

http://www.peterboroughtoday.co.uk/news/PARKING-Headache-over-39invalid39-tickets.1444414.jp

 

Old 2006 post

1. At the top of the ticket there must be the words "Date Of Issue", simply date or date of offence is not acceptable

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/5232-your-parking-ticket-may.html

 

 

******************************

PENALTY CHARGE NOTICE

 

(ROAD TRAFFIC ACT 1991 - Section 66 and Schedule 6 as amended)

 

 

 

NoticeNo.:XXXXX Date of Noticell/05/2007

 

 

 

The Motor vehicle with Registration Number: XXXX

 

 

 

Excise Licence Number: XXXXXXXX

 

Make: XXXX Colour: GREY

 

 

 

was seen in: XXXXXXXXX ROAD

 

 

At 09:53 AND 09:58

 

ON 11/05/2007

 

by Parking Attendant (number): XXXXX

 

 

 

(signature)

 

 

 

who had reasonable cause to bell that the following parking contravention had occurred:

 

Code:~ Parked without clearly displaying a valid permit or pay and display ticket

 

 

 

 

 

THE OWNER IS REQUIRED TO PAY A PENALTY OF £100 within 28 DAYS

 

THE CHARGE WILL BE REDUCED TO £ 5 0 .. 0 0IF PAYMENT IS RECEIVED WITHIN 14 DAYS

 

 

 

FOR INSTRUCTIONS ON PAYMENT SEE OVERLEAF.

 

Detach here DO NOT PAY THE PARKING AT1tNDANT. Detach here

 

 

 

 

 

Payment Slip

 

NoticeNo.:XXXXXX Veh.Reg.:XXXXX Date of Issue: 11/05/2007 Time: 09:58

 

 

 

Please detach this slip, complete the details on the reverse and return it with your payment, to the address shown overleaf.

 

Edited January 6, 2010 by Alitizi

[Jamberson]

A PCN is not invalidated purely because it's old. It was issued under the 1991 Road Traffic Act, and if it conforms with that Act then it is valid.

 

The 2004 Act has different specifications, but they aren't relevant to this PCN.

 

If you are asking whether this PCN needs a date of issue, then according to section 66 of the 1991 Act, yes it does - either date of issue or date of contravention is needed. I remember there being some debate over whether "date of issue" on the payment slip would be sufficient, and I see it is present here, but I can't recall the outcome of that. I'm sure someone on here will know...

 

Anyhow, can you tell us what the state of play is with this case?

Edited January 6, 2010 by Jamberson

[letsgetitsorted]

the Traffic Management Act 2004 (TMA2004) came into force on 1st April 2008.

[Al27]

THE OWNER IS REQUIRED TO PAY A PENALTY OF £100 within 28 DAYS

 

Was under the impression the Act required the impersonal 'a payment is required'. Dissuades the driver from paying, which he is entitled to do.

 

If you want to get a refund, you'll probably be looking at small claims and success is not guaranteed.

[lamma]

the Traffic Management Act 2004 (TMA2004) came into force on 1st April 2008.

 

Wasn't it March 31st.

[letsgetitsorted]

sorry came into force march 31st 2008 however new pcns under tma 2004 wasnt issued till 1st April 2008.

[green_and_mean]

If you want to be really pedantic it came into force in 2005 however part 6 which covers parking enforcement was commenced midnight 31st march so PCNs did get issued on that day. The reason for the odd date was that it was a monday so equipment could be altered on the Sunday.

[lamma]

what parts came into force in 2005 ?

[green_and_mean]

what parts came into force in 2005 ?

 

Part 2 commenced 4th Jan 2005

[lamma]

Of course. Thanks. Forgot about that as its not 'parking'.