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is Council's logo enough to fulfil the requirement layed out in PCN legislation


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Is having the council's logo - which includes their name - at the very top of a PCN enough to fulfil the requirement layed out in legislation.

 

 

My PCN can be viewed here

 

The PCN has a Pembrokeshire logo but otherwise doesn't appear to tell us who is the enforcement authority.

 

Current legislation can be found here

 

Need some clarification here people

 

Another thing, if the parking box markings are not within the correct marking sizes and tolorences do I have a claim too, or, is that weak.

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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Is having the council's logo - which includes their name - at the very top of a PCN enough to fulfil the requirement layed out in legislation.

 

 

My PCN can be viewed here

 

The PCN has a Pembrokeshire logo but otherwise doesn't appear to tell us who is the enforcement authority.

 

Current legislation can be found here

 

Need some clarification here people

 

Another thing, if the parking box markings are not within the correct marking sizes and tolorences do I have a claim too, or, is that weak.

 

Not wishing to be pedantic but thats not the actual legislation (england) in the title is a bit of a give away. I think this is what you are after..http://www.legislation.gov.uk/wsi/2008/1214/contents/made

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Not wishing to be pedantic but thats not the actual legislation (england) in the title is a bit of a give away. I think this is what you are after..http://www.legislation.gov.uk/wsi/2008/1214/contents/made

 

Yes amny thanks, my error.

 

Do you know the current interpretation of my question regarding a logo?

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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Yes amny thanks, my error.

 

Do you know the current interpretation of my question regarding a logo?

 

Interpretation of what, you questioned if a Welsh PCN satisfied the English legislation what is the point of worrying about that? It doesn't need to Wales and Scotland have different rules to England.

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Interpretation of what, you questioned if a Welsh PCN satisfied the English legislation what is the point of worrying about that? It doesn't need to Wales and Scotland have different rules to England.

 

 

PCN has a Pembrokeshire logo but otherwise doesn't appear to tell us who is the enforcement authority.

 

Contents of a penalty charge notice served under regulation 9

 

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

 

(a)the date on which the notice is served;

 

(b)the name of the enforcement authority;

 

©the registration mark of the vehicle involved in the alleged contravention;

 

(d)the date and the time at which the alleged contravention occurred;

 

(e)the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

 

(f)the amount of the penalty charge;

 

(g)that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

 

(h)that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

 

(i)the manner in which the penalty charge must be paid; and

 

(j)that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

 

s the enforcement authority Denbighshire Council (WPPP) or Pembrokeshire?

 

If a PCN does not comply then a procedural impropriety has occurred and it cannot be enforced.

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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PCN has a Pembrokeshire logo but otherwise doesn't appear to tell us who is the enforcement authority.

 

 

 

s the enforcement authority Denbighshire Council (WPPP) or Pembrokeshire?

 

If a PCN does not comply then a procedural impropriety has occurred and it cannot be enforced.

 

Was my last post too cryptic for you or did you fail geography at school??

:???:

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Am i asking to much for the answer to a simple question. If you cannot answer it then can I ask you to keep your opinions to yourself. Really!

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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Am i asking to much for the answer to a simple question. If you cannot answer it then can I ask you to keep your opinions to yourself. Really!

 

I answered your question but you seem to fail to grasp that Pembrokeshire is in Wales despite having half the PCN written in Welsh.

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and I have acknowledged the error in my link. Nothing in your answer answers my question, that being the PCN has a Pembrokeshire logo but otherwise doesn't appear to tell us who is the enforcement authority. Does the Pembrokeshire logo surpass as (b)the name of the enforcement authority;

 

If you have answered it then I fail to see where

 

Really is simple really

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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and I have acknowledged the error in my link. Nothing in your answer answers my question, that being the PCN has a Pembrokeshire logo but otherwise doesn't appear to tell us who is the enforcement authority. Does the Pembrokeshire logo surpass as (b)the name of the enforcement authority;

 

If you have answered it then I fail to see where

 

Really is simple really

 

Simple answer

 

NO!!!!

 

WELSH PCNs do NOT have to comply with ENGLISH laws!!

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G&M unhelpfully linked you to regulations that were not much help. See the schedule here.

 

http://www.legislation.gov.uk/uksi/2008/609/contents/made

 

The logo alone is not sufficient. The law requires the PCN to provide the name of the enforcement authority, if it does not inform you then the PCN does not comply with the law.

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However, under The Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 there is the following:

 

Contents of a penalty charge notice served under regulation 5

 

1. A penalty charge notice served under regulation 5 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

 

(a)The date on which the notice is served

 

(b)the name of the enforcement authority;

 

Under The Civil Enforcement of Parking Contraventions (General Provisions) (Wales) (No. 2) Regulations 2008 "

“penalty charge notice” (“hysbysiad o dâl cosb”) has the meaning given in regulation 4 of the Enforcement and Adjudication Regulations;

and

“the Enforcement and Adjudication Regulations” (“y Rheoliadau Gorfodi a Dyfarnu”) means the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008

So I would say that a PCN that merely includes the logo of the council is failing to comply.

 

I have not spotted a material distinction in the English and Welsh legislation in this matter.

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

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Simple answer

 

NO!!!!

 

WELSH PCNs do NOT have to comply with ENGLISH laws!!

 

Pretty pethetic answers really as to are your answers which are not answers to the question at all. Maybe you should learn to read.

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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According to this; http://www.newparkinglaws.co.uk/category/Local-Authorities-Website-Parking-Pages.aspx Pembrokeshire does not operate Decimalised Parking Enforcement (DPE). However, i'm not sure if the list is bang up to date. In an event, the logo itself would not be an official legal term in my opinion in England or Wales.

 

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According to this; http://www.newparkinglaws.co.uk/category/Local-Authorities-Website-Parking-Pages.aspx Pembrokeshire does not operate Decimalised Parking Enforcement (DPE). However, i'm not sure if the list is bang up to date. In an event, the logo itself would not be an official legal term in my opinion in England or Wales.

 

If you take a look at the PCN you will see that the PCN is issued under decriminalised legislation.

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

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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According to this; http://www.newparkinglaws.co.uk/category/Local-Authorities-Website-Parking-Pages.aspx Pembrokeshire does not operate Decimalised Parking Enforcement (DPE). However, i'm not sure if the list is bang up to date. In an event, the logo itself would not be an official legal term in my opinion in England or Wales.

 

Its just passed from local police to council control

Forget past mistakes.

Forget failures.

Forget everything except what you’re going to do now and do it.

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Pretty pethetic answers really as to are your answers which are not answers to the question at all. Maybe you should learn to read.

 

Maybe you should learn to write then? You clearly asked on several occasions if you PCN failed to meet the requirements for an english regulation 9 PCN you even quoted the law if you wanted to know if it met the requirements for a welsh reg 5 PCN then maybe you should have asked that?!

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