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Is this parking ticket lawful!!


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I think you might be out of luck on this one.

 

Thousands of tickets were found to be invalid by the High Court a while back because they did not contain two key dates - the take of the alleged offence and the date the ticket was issued. This ticket seems to have both.

 

So unless anyone else can see anything - I think you've had an expensive trip to Debenhams!!

If I've helped, please tick the scales at the bottom left of this message!

 

17th Sept: Found this site! :)

 

Lloyds TSB

 

22 Sept: Subject Access Req.

3 Nov: statements arrived. Charges calulated at:

A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)

A/c 2 - £206.11 + int of £211.07 (18.4%)

7 Nov - prelim.

3 Dec - LBA

13 Dec - £750 offered

23 Dec - £750 credited

28 Dec - rejection letter

2 March - issued

16 April - complained at court failure to forward defence

 

Halifax

 

22nd September: Subject Access Request.

4th November: No reply so LBA giving 7 days.

 

Cap One

 

22nd September: Subject Access Req.

5th October: Letter saying no record of account!

15th October: Replied telling them to try harder...

22nd October: Subject Access Req acknowledged.

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Sorry for playing Devils advocate but I cant see a date of contravention on it, it has 3 dates on it, firstly Date of notice at the top, then beneath Location it just gives a date, time and parking attendants number (unless they mean the date of issue is the date of contravention?). Then at the bottom on the paying slip it just gives the date of the notice, ( which I believe to be given for reduced payment options) I may be wrong but thats how I read it?? Please correct me if I'm wrong.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Took this off Neil Herrons bit, hope it helps ;-)

 

NPAS’ ruling came about after a London motorist took Barnet Council to court over a parking ticket as there was uncertainty if the date of issue was the same as the date of the contravention.

The court ruled that in the future tickets must include both dates and that outstanding tickets which didn’t would be invalid.

NPAS decided that if anyone challenged a ticket that didn’t include both dates it would rule in favour of the individual and not the issuing authority.

Any tickets already paid would not have to be re-visited as liability has already been admitted.

Officers in Milton Keynes Council’s parking department were hopeful the decision would not apply to the city.

Parking regulations in MK start at 6am and finish at 6pm, meaning there is no chance of the date of contravention being different to the date of issue. But NPAS insist the ruling does apply.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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unfortunately most councils have managed to get the PCN in order. I think you would have a real struggle with it not having a date of contravention.

 

Your best bet is get a camera and take some photos of the yellow lines or marking on the road where you were parked.

 

you may be surprised that very few of the lines comply with the law.

 

Rog

7 actions in progress

 

amount refunded so far £6500

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  • 1 year later...

Hi Folks

 

Just recieved a Parking ticket today and I have read all the info on here especially the date of issue etc.

 

At first I couldn't see a date of issue but on closer inspection it has a date of notice at the top but it has the words "Road Traffic Act 1991 (As Amended)" Over the top of it in big black bold letters and you can hardly see the date of notice words.

 

There is however a date after this writing that is readable, but you can not read the words date of notice before it, so it is not obvious what this date is referring to.

 

I have only figured out that it says date of notice by holding the ticket up to the light and reading through the overlapped Road Traffic Act Writing.

 

Other than that the rest of the ticket seems to be correct.

 

Does anyone reckon that I have a case for appealing?

(It was an overstay on a 1hr zone controlled by ParkWise in Preston Lancashire on behalf of Preston Council).

 

Also if they refuse my appeal do I then have to pay the full charge instead of the reduced price?

 

Cheers in advance for your replies.

 

Dazza

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Hi Folks

 

Just recieved a Parking ticket today and I have read all the info on here especially the date of issue etc.

 

At first I couldn't see a date of issue but on closer inspection it has a date of notice at the top but it has the words "Road Traffic Act 1991 (As Amended)" Over the top of it in big black bold letters and you can hardly see the date of notice words.

 

There is however a date after this writing that is readable, but you can not read the words date of notice before it, so it is not obvious what this date is referring to.

 

I have only figured out that it says date of notice by holding the ticket up to the light and reading through the overlapped Road Traffic Act Writing.

 

Other than that the rest of the ticket seems to be correct.

 

Does anyone reckon that I have a case for appealing?

(It was an overstay on a 1hr zone controlled by ParkWise in Preston Lancashire on behalf of Preston Council).

 

Also if they refuse my appeal do I then have to pay the full charge instead of the reduced price?

 

Cheers in advance for your replies.

 

Dazza

 

 

The answer is yes you could end up paying more if you appeal, the Council are not obligated to hold the discount price whilst you make an informal appeal. If you feel its worth the gamble then the choice is yours but its unlikely a missprinted PCN will be cancelled by the Council and you would have to go to adjudication and lose the discount.

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  • 2 weeks later...

Hi

 

There is should be information on the reverse side of the PCN that is not on the front if this is missing then it could invalidate the PCN. Thusn giving you grounds for appeal.

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Hargy001, I think what BMWman is driving at (cuse the pun) is can you get a picture of the back of the ticket and put it on the forum in the same way as you did with the front of it. The reason he is asking this is that the wording on the back needs to be in the correct format too to make it valid. For example its validity may be in question if it says 'you have to pay'.

 

On the same subject BMWman I have a ticket which says 'send your cheque to .........'. Is this not an example of the same thing eg it should say 'send cheques to'. It also says 'make your cheque payable to' rather than 'cheques should be made payable to', or am I clutching at straws here?

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