London parking fines
15 March 2006, 06:07 PM
#1
Scooby Regular
Thread Starter
Join Date: Apr 2003
Posts: 1,985
Likes: 0
Received 0 Likes
on
0 Posts
London parking fines
It now seems certain that the current parking Penalty Charge Notices (PCNs) issued by Transport for London and the City of Westminster DO NOT comply with section 66(3) of the 1991 Road Traffic Act as they do not have a date of notice or date of issue explicity printed on them.
Appeals against PCNs issued by Lambeth (who have changed their PCN), Barnet and Tower Hamlets based on this point have been won and appeals are currently pending against TfL, Westminster and Camden.
There is, therefore, no legal requirement to pay any parking fine where the PCN does not have a date of issue or a date of notice and you should certainly appeal any such PCNs you may receive.
The following document informs all the DPE councils that their parking revenue is at risk and, as can be seen, it is almost a year old:
http://www.parking-appeals.gov.uk/ab...20of%20PCN.pdf
More recently (Moses V Barnet 18 Feb 2006) an appeal on the same point was upheld with the following words from the adjudicator:
“It is up to Local Authorities to ensure that PCNs are drafted in compliance with statute.These appeals show only too clearly that the findings of the adjudicators over several years have been disregarded - a most unattractive basis for asserting good administration. I find that Mr. Thorne (the original adjudicator) was correct to find as he did that the PCNs in these appeals were not compliant and could not be enforced."
So, be sure not to go to the expense of paying any illegal fines.
Appeals against PCNs issued by Lambeth (who have changed their PCN), Barnet and Tower Hamlets based on this point have been won and appeals are currently pending against TfL, Westminster and Camden.
There is, therefore, no legal requirement to pay any parking fine where the PCN does not have a date of issue or a date of notice and you should certainly appeal any such PCNs you may receive.
The following document informs all the DPE councils that their parking revenue is at risk and, as can be seen, it is almost a year old:
http://www.parking-appeals.gov.uk/ab...20of%20PCN.pdf
More recently (Moses V Barnet 18 Feb 2006) an appeal on the same point was upheld with the following words from the adjudicator:
“It is up to Local Authorities to ensure that PCNs are drafted in compliance with statute.These appeals show only too clearly that the findings of the adjudicators over several years have been disregarded - a most unattractive basis for asserting good administration. I find that Mr. Thorne (the original adjudicator) was correct to find as he did that the PCNs in these appeals were not compliant and could not be enforced."
So, be sure not to go to the expense of paying any illegal fines.
15 March 2006, 06:12 PM
#2
Scooby Regular
Join Date: Oct 2000
Location: same time, different place
Posts: 11,313
Likes: 0
Received 4 Likes
on
2 Posts
Originally Posted by hedgehog
More recently (Moses V Barnet 18 Feb 2006) an appeal on the same point was upheld
17 March 2006, 09:16 PM
#5
Scooby Senior
Join Date: Feb 2000
Location: West Midlands
Posts: 5,763
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by Adrian F
it just saves raising council tax they have to get the money some how!
what with an Olympic Games to organise, and probably a Wembley Stadium to bail out
mb
18 March 2006, 03:30 PM
#6
Scooby Regular
Thread Starter
Join Date: Apr 2003
Posts: 1,985
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by boomer
what with an Olympic Games to organise, and probably a Wembley Stadium to bail out
18 March 2006, 07:30 PM
#7
Originally Posted by hedgehog
They certainly plan on getting the Olympic money from motorists as it is going to be a £5000 fine if you drive in one of the special Party Member/Olympic lanes that are to be created.
does this not smack of moscow politburo only lanes during the days of communist rule..
Thread
Thread Starter
Forum
Replies
Last Post