I am pretty sure this parking ticket is invalid

[Hamster777]

Hi Please can someone review my letter to see if I am right? I was issued an Excess Charge Ticket in a Council car park...is this the same as a PCN under Road Traffic Regs Act?

Many thanks

To Whom It May Concern:

 

Ref:

 

I am writing with regards to the above parking ticket, which was placed on my vehicle on 10th November 2006.

 

I wish to formally make an appeal against this ticket on the grounds set out below.

 

1. The ECN issued contains the date of alleged parking infringement – however, it does not state the date of contravention or a date of issue. This is not in accordance with Section 66 of The Road Traffic Act 1991. Therefore, this ticket is invalid. Should there be any doubt in this matter, I refer you to a ruling made by PTAS in February 2006, which must be followed by way of Statutory Interpretation.

2. The ticket is headed up as an Excess Charge Notice and was contained within a Penalty Charge Notice Envelope, this is contradictory.

3. The ticket is unenforceable by you because it refers to Road Traffic Regulations Act 1984, this has in fact been superceeded by the Road Traffic Regulations Act of 1991.

4. Nowhere on the ticket does it state the ‘Owner of the Vehicle’ is responsible. I am not in fact the owner of the vehicle it is leant to me by a leasing organisation.

Please also note that at the age of 31 this is my first ever parking ticket, I would not have appealed had I not been shocked and distressed by the extortionate charge of £30 or £60 after 14days. I was 12 minutes late back to the car after queuing in the Royal Bank of Scotland, I feel that an excess charge of this size is disproportionate to the alleged contravention. Do you realise that £30 is the cost of 1 days childcare and I only get £27 a month tax credits, I live on the breadline, work fulltime with a 3 year old suffering from my lack of time to be with him, pay full council tax bill and do not have this sort of money to fritter on over-inflated charges deemed lawful by you.

 

On the basis of the above points of fact, it is clear that this ticket is invalid and cannot be legally enforced. Should any further action be commenced against myself with regards to this ticket, I will have no further hesitation but to refer this matter into the hands of either PTAS or a Civil Court.

 

I would be grateful if you would confirm receipt of this letter within 7 days by way of the Self Addressed Envelope enclosed, and request that should you disagree, you must inform me in writing no less that 14 days before commencing any action relating to the alleged offence.

 

I look forward to hearing from you.

[patdavies]

Your letter is unfortunately a waste of time:(

 

If the referenced law is the 1984 Act then the matter of two dates is irrelevant - that only applies to decriminalised parking under the RTA1991.

 

The 1984 Act was a dog's breakfast and allows councils to set charges individually. All of these and the restrictions and application of restrictions must be contained in a TRO (Traffic Regulation Order) and it is to this that you must refer if you wish to challenge the legality. This is obtainable from the Highway Authority - usually the County Council unless this is a Unitary Authority (when it is the local authority) or a Trunk Road/Motorway (then it is the Highways Agency)

[POCA]

It will refer to the Road Traffic Regulation Act 1984 as this is the law under which the council makes its Traffic Regulation Orders. The offence is therefore contrary to the RTRA 1984.

 

The Road Traffic Act 1991 introduced decriminalised parking enforcement.

[livelylad]

This link may help.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/5232-your-parking-ticket-may.html?highlight=parking+ticket