Your parking ticket may be unlawful

[rogerebaker]

Try this.

 

Dear Sirs,

 

I am seeking the restitution of £XXX paid by mistake on xx/xx/xx by me. The mistake was induced by your actions where you placed on my car on xx/xx/xx a notice demanding this sum, the notice purporting to be a Penalty Charge Notice issued under the Road Traffic Act 1991. I attach a copy of this notice. This notice is actually not a Penalty Charge Notice as it does not conform to the requirements of the regulations in that it does not specify a date of XXXXXXXXX Since the notice is invalid it is a nullity, void ab initio with no legal force, non compliant and the demand for payment made by yoursleves on the notice is invalid. At the time I was not aware of this and was induced by its purported official character to make the payment to you for which I am now seeking restitution.

 

I now have the benefit of the ruling by Mr Justice Jackson of 02/08/06 in Barnet v Parking Adjudicator [2006] EWHC 2357 (Admin) which now provides a definitive ruling on the requirements of a Penalty Charge Notice and the effects of a notice which fails to conform to the regulations. At para. 36 he states 'It seems to me that section 66 requires two dates to be stated on a PCN. These are the date of the contravention and the date of the notice' and at para. 41 'The 1991 Act creates a scheme for the civil enforcement of parking control. Under this scheme, motorists become liable to pay financial penalties when certain specified statutory conditions are met. If the statutory conditions are not met, then the financial liability does not arise.' also on the PCN the Colour of the vehicle is worded as YELLOW when it is in fact Green, the colour of the vehicle can be verified by the relevant vehicle documents of which I hold and these can be confirmed by DVLA Swansea, another problem with the PCN which invalidates it on it's own is that the Parking Attendant has not validated the PCN by signing or initialing it, there is nothing there. the PCN is non compliant so does not conform to the 1991 Road Traffic Act 1991

 

The full transcript is availiable at

 

London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator [2006] EWHC 2357 (Admin) (02 August 2006)

 

If the amount for which I am seeking restitution is paid within 14 days of the date of receipt of this letter I am prepared to accept, without prejudice to my rights, restitution of the GBP XXXX alone without interest or costs. Take notice however that if this sum is not paid and I am required to take further action I will seek restitution of the sum plus interest from the date I made the payment plus costs, including those I have incurred to date.

 

Yours Faithfully

 

 

XXXXXXXXXX

 

I was issued a pcn a while back and asked for advice on this forum, as the ticket didnt have a date of issue, didnt state colour of vehicle and didnt have a signiture from the traffic attendant. I was advised to appeal and i used used the above letter ( with a few minor changes) to appeal the ticket.

 

Today i recieved a letter from TRETHOWANS solicitors saying that i should pay the £80 within 14 days or court proceedings will be issued against me. Along with a warning that i will have to pay interest, court fees and costs. There is no referance to the letter which i sent them.

 

What do i do now ?

 

Dude

 

You have confussed me completely.

 

If you have received a PCN issued under the 1991 RTA by a council or its representatives ( NCP) then there is a set down way to appeal which is clearly outlined on the ticket and this forum.

 

If it is a PCN issued by a private company then there is lots of advice on this forum regarding how to deal with it but in summary dont pay it and set the company to prove that you parked it there.

 

If it is a Parking ticket issued by a Police officer of Traffic warden under the 1984 RTA it is different again and you need to do some research.

 

Im not sure why you have sent a letter seeking restitution on a PCN that you appear not to have paid. I am also unsure as to why you have received a solicitors letter threatening court action unless this is a ticket issued for parking on private land.

 

You need to clarify these few points and if possible scan the ticket on here so that you can receive the correct advice

[rogerebaker]

help! i got a parking ticket i have challenged it as it lists my car as grey when it is blue, they have replied that the grounds i supplied have not been accepted as grounds to cancel the PCN.

i ahve been trying to find the exact wording of what has to appear on a PCN to make it legally valid. sureley if colour of vehicle is there and they have the wrong colour i can challenge? also the ticket says "date of notice" and that the car "was seen on (date)" no date of issue. anywhere! anyoen got the exact wording so i can fight this? i have looked at RTA section 66 and that just says why they can issue a ticket not what the ticket has to have on it... help please!

 

(3) A penalty charge notice must state—

(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;

(b) the amount of the penalty charge which is payable;

© that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;

(f) the address to which payment of the penalty charge must be sent.

[rogerebaker]

You give up to easily.

 

See if you can scan the PCN on here.

 

If not write exactly whats written on it here

 

They may well be other errors

 

In my experience the councils I have dealt with seem incapable of getting the complete process correct.

[rogerebaker]

Ive been to the adjudicators this afternoon and won my case due to a defective NOR

 

The NOR failed to mention that cost may be awarded by the adjudicator and this is a requirement of Schedule 6 of the RTA 1991

 

This was one of about 10 points I was appealing on but he stated he didnt need to adjudicate on them as the NOR was defective

 

I asked for 200.00 costs which he said he will consider and get back to me within 21 days

 

Keep at it folks its 5-0 to me at the moment against a completely incompetant council and their sneaky wardens

[rogerebaker]

Elmbridge surrey

[rogerebaker]

I think this may have a fatal floor.

 

Give me a while and Ill look it up

[rogerebaker]

Im a bit unsure

 

My best advice is to register with PePiPoo: Helping the motorist to get justice which is a forum just like this but deals in PCNs.

 

If you scan the PCN on there they will give you some great advice

 

Rog