Hackney PCN - notice to owner - 'notice handed to driver'

[shivayash]

Dear all,

 

This is for a friend of mine, he received a notice to owner last week. He believes it is a phatom ticket. There are no images on the Hackney website of the alleged contravention but more interestingly, Hackney state that the destination of notice, the ticket, was handed to the driver. I find this hard to believe. Is the legal?

 

I thought the PCN had to be issued to the vehicle in question. I can hardly imagine drivers 'accepting tickets' in this manner from traffic wardens.

 

Advise sought.

 

Best wishes,

Hackney PCN 12.06.2012 WEB.pdf

[shivayash]

I should have said, the second page of the PCN is a screen shot from the Hackney website taken today.

 

Best wishes,

[dx100uk]

it is certainly not spoof

 

it says penalty charge notice

 

this needs to be dealt with before things escalate to bailiffs etc etc

 

dx

[shivayash]

In my experience it would have to go much further in the process before bailiffs get involved.

 

I think you have misunderstood my query.

 

Best wishes,

[green_and_mean]

In my experience it would have to go much further in the process before bailiffs get involved.

 

I think you have misunderstood my query.

 

Best wishes,

 

The answer to your query is yes of course its legal to hand it to the driver, why would they bother sticking it to the car if the driver is standing there waiting for the ticket?

[shivayash]

And the lack of photographic evidence?

[Michael Browne]

Photographs are not a statutory requirement

[andydd]

Now surely the DO NOT IGNORE THIS NOTICE bit is legally incorrect, the owner is not responsible, only the driver at the time is ? I's be asking them how the owner is 'legally responsible' as they claim. (After all it might of been a hire car).

 

I agree though that handing it to the driver would appear to be correct and this would in theory mean my above comments are irrelevant BUT it does appear to be a template letter.

 

Andy

[Michael Browne]

Now surely the DO NOT IGNORE THIS NOTICE bit is legally incorrect, the owner is not responsible, only the driver at the time is ?

This is a council PCN, so the registered keeper is responsible. In fact now it has reached the NTO stage, the RK is the only person who is able to make formal representations