Invalid parking ticket

[Pimp Cat]

Afternoon all,

 

I have just read a hell of a lot of threads from this forum, as i recieved a PCN while on holiday last week.

 

Ok a bit of background, In order to park outside the holiday flats we were staying in you have to have a parking permit. which i had! on the second day of being there i drove the 300 odd mile round trip from bridlington to liverpool and back. it was well gone midnight when we got back and i totally forgot to put the permit back on my dash board. although it was still in the car.

 

Now, from what i have read i believe that this is an invalid ticket as it doesn't have that correct information on it. ( date of issue ) Can anyone please confirm this before i go sending letters and making a fool of my self.

 

 

 

Oh and i got most of the info from this post http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/5232-your-parking-ticket-may.html

 

Cheers.

 

Colin.

[Andy7807]

Isn't the date of issue on the last line?

[Rob S]

The ticket has been issued under the Road Traffic Regulation Act 1984, rather than the Road Traffic Act 1991. This makes a big difference. This ticket would end up in a magistrates court if you were to dispute rather than with the the National Parking Adjucation Service.

[Pimp Cat]

Ah, yes but that is the payment slip and not part of the actual ticket, that is also covered in the post i have linked.

 

cheers.

 

Colin.

[Andy7807]

Ok, thats a long thread which I haven't read fully so I'll bow down to your superior knowledge

[Pimp Cat]

Ok, so what do you think i should do? does the ideas and reasoning in the post i linked not apply as this is the wrong act? surly if a new version has been released then the latest one should be used??

 

i have the permit that says i am allowed to be parked, as the notice states that the reason is a non valid permit, would i get away with it by sending proof of a valid permit?

[::Lisa::]

OK my info may not be exact because you live in a different area and all.

 

My husband used to be a parking attendant and says that the machines they use when inputting your registration info should bring up whether your car has a valid residential permit or not. It's normal for people to forget to display them.

 

In some cases you could write to your local authority and ask for it to be squashed, but some councils have the "tough!" additide. Worth a try though?

 

Lisa

[patdavies]

Ok, so what do you think i should do? does the ideas and reasoning in the post i linked not apply as this is the wrong act? surly if a new version has been released then the latest one should be used??

 

The reasoning that you have linked does not apply because this is an Excess Charge Notice issued under the 1984 Act. The 1991 Act only applies where a council has applied to the Secretary of State to operate a decriminalised parking enforcement regime.

 

i have the permit that says i am allowed to be parked, as the notice states that the reason is a non valid permit, would i get away with it by sending proof of a valid permit?

 

If you have a valid permit, then you should appeal to the Court and produce evidence that you possess such a permit. Note the offence listed is No Valid Permit not failure to display a valid permit.

 

The 1984 Act is an enabling Act and does not lay down penalties, etc. like the 1991 Act. You will need to obtain a copy of the order referred to on the ticket to see if the ticket is valid or not.

 

I am no expert on the 1984 Act, but I believe that the ticket must be referred to as an Excess Charge Notice and not a Parking Charge Notice - again the order will define this.

[krimewave]

if you can prove you were in possesion of a valid permit, then I think you'd have a very strong case as you could say that the permit WAS on display on the time and the attendent administering the ticket must have made a mistake by not spotting it.

surely, it would then be up to the parking attendent to provide some kind of photographic evidence that your permit wasn't clearly displayed.

 

I'm no expert, just my tuppence.

[green_and_mean]

if you can prove you were in possesion of a valid permit, then I think you'd have a very strong case as you could say that the permit WAS on display on the time and the attendent administering the ticket must have made a mistake by not spotting it.

surely, it would then be up to the parking attendent to provide some kind of photographic evidence that your permit wasn't clearly displayed.

 

I'm no expert, just my tuppence.

 

I may be wrong but I thought ECN fines are dealt with in magistrates court rather than adjudication. Since the OP has already stated he forgot to display it recommending perjury is not in my opinion the best advice.

The best option is to send a photocopy of the permit in with a letter explaining that you forgot to display due to arriving home late and hope they let you off.

[brfcw]

Wrong thread..

Edited February 3, 2009 by brfcw
wrong thread