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After much time posting here, I have finally got a parking ticket of my very own to play with.

 

It is an Excess Charge Notice issued by West Berks Council under the RTRA 1984 for failing to display a valid ticket - so far correct.

 

West Berk is not decriminalised (yet, but soon) but the outer envelope states in clear, large, bold text PENALTY CHARGE NOTICE. Also, remember that an Excess Charge is not a penalty like an FPN. So could I argue that I know that W Berks is not decriminalised and therefore cannot issue PCNs and that a plastic envelope on the windscreen stating Penalty Charge Notice, was regarded as a hoax and disposed of.

 

Next point. The notice itself has the amount of charge left blank. Is this sufficient to render it void, or can they get away with this on a ECN?

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That's what I was thinking.

 

Dear Sir,

 

Please find enclosed a cheque for £0.00 in respect of ECN No xxxxx as requested.

 

Yours faithfully,

 

Surely any document requesting payment has to state clearly the amount due. If no amount stated then no amount due. How else would you know what to pay?

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It depends on what the order says.

If the order follows this model I reckon you are OK.

OTOH if the order refers (say) to the excess charge on display in the carpark and it is so on display then you may need a different approach.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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