Notice to Owner - Key features?

[Don-e]

All,

 

IS there a DOT template of guidance material for Notice To Owner available anywhere?

 

Are there any bits that I should be looking for on them (titles, dates, payment details etc etc)?

 

 

Cheers,

 

James

[rogerebaker]

ok at this link

 

Its the DOT guidance to the Boroughs on how to design a NTO.

 

There is one big error which is continually made that is the give you 28 days from the date of the notice to reply instead of 28 days from date of service of the notice.

 

Everyone Ive had has had the same error and they have all resulted in cancellation.

 

Be a bit careful

 

If you point out the error they can issue you with another one that is correct. The best way to appeal is to fill out the NTO stating that you wish to appeal on the basis that the contravention didnt occur

 

Your reasons are that the NTO failed to comply with the Road Traffic Act 1991.

 

Leave it at that.

 

When you then get your chance to appeal in full to the ajudicator point out the error.

 

If the errors there it cant fail.

 

Look at this link

 

http://www.dft.gov.uk/stellent/groups/dft_roads/documents/page/dft_roads_027631.pdf

[rogerebaker]

Im assuming this is a PCN issued by the council.

 

If its a Police one different rules

[Don-e]

Cheers for the quick reply!

 

Mmmh, I think Aylesbury have got everything pretty much air-tight!

 

HOW TO MAKE REPRESENTATIONS AGAINST THIS NOTICE TO OWNER

 

IF you feel that you should not pay the penalty charge, indicated below by ticking the appropriate box. Give all relevant details in the space provided. Note that you must supply evidence to support your claim. You must sign the form and return it to us at REPRESENTATIONS, PARKING SERVICES, PO BOX 569, AYLESBURY HP20 2ZW to arrive in our offices within 28 days from reciept of this notice. UNSTAMPED LETTERS WILL NOT BE ACCEPTED.

 

NB: THE ROAD TRAFFICE ACT 1991 (as amended) sets out the grounds on which you may make representations!

 

 

THE COUNCIL IS NOT REQUIRED TO CONSIDER ANY OTHER CIRCUMSTANCES

 

 

 

Having had a read through the DoT guidance, I cant see any statement relating to 14.12 (g) "A Statement of recipients right to appeal to a parking adjudicator if the authority rejects his or her representations."

 

 

It has no mention of any appeals process here at all.

 

 

 

Cheers

 

James

[Don-e]

Im assuming this is a PCN issued by the council.

 

If its a Police one different rules

 

It is a council indeed!

[rogerebaker]

James

 

Have a look at this link its got the actual wording of the Act. It differs from the guidance in some respects especially about what has to be on the notice

 

Road Traffic Act 1991 (c. 40)

 

Have you had a good look at the road markings.

[Don-e]

Cheers,

 

As it makes no reference to any "independent" adjudication and does seem to differ from that of the DoT model...and from what i can make out the RTA 1991 (although its not aa clear - I'm looking at Paragraph 5 here). I guess its a bit dodgy.

 

 

So, I should send it back, ticking the box we mentioned earlier in the post. And wait for it to go further?

 

 

Okay, I have another 3 in the pipeline - should I do the same here? What are the chances of the council re-issuing a load of notice to Owners if there application is struck out?

 

 

Lines? It was a council car park, I didnt pay and display. Although, the ticketsarent sticky and I guess the force of the wind could have knocked my ticket offmy dashboard onto the floor?

 

Thoughts?

 

 

JAmes

[rogerebaker]

Consider this case

 

http://www.parking-appeals.gov.uk/about/cases/MC00227%20Hepworth%20Allowed%20flimsy%20P%20&%20D%20ticket%20-%20identity%20re%85.pdf