Advice on validity of PCN

[greenwolf]

I'm after some advice. I was clamped recently (it was a shopping centre car park that had previously been free to park in for a number of years - I stupidly didn't notice the signs) and had to pay the £125 release fee to have the clamp removed.

 

However, having looked around the Internet for advice I think my PCN may be in contravention of the RTA - Section 66(3).

 

In the adjudication of McArthur vs Bury, the adjudicator states that PCN's should contain both a date of contravention and a date of notice.

 

In the case of Moses vs Barnet, Mr Justice Jackson also found that the wording of the PCN’s (failure to specify a date of notice) made them invalid.

So, back to my own PCN - this contains only one date and it does not specify whether this is a 'date of notice' or a 'date of contravention'. At the top of the PCN it simply lists 'Time:', 'Day:', 'Month:', 'Year:'.

I immediately appealed to the clamping company citing the two cases above and my intention to pursue this through the small claims court. However, my appeal was rejected (though I fully expected this).

 

My questions therefore are the following:

 

Does the lack of clarity around the 'date of contravention' and 'date of notice' - and in particular only having one date stated on the PCN - make the PCN invalid?

 

Is this a strong enough 'technicality' to pursue this through the small claims court?

 

If I do go through the small claims court and lose - will I be forced to cover any costs of the clamping company's defence - I really want to avoid giving these parasites any more money?

 

If anyone has any advice relating to the practicalities of the small claims court process, it would be very welcome.

 

Thanks all for reading this.

[Rob S]

It looks like you have been clamped and ticketed by a private company. The issues you have raised relate to P C N ' S issued under decriminalised parking enforcement by local authorities so it won't apply in your situation.

 

Your only redress now would be to take action in the small claims court. I would suggest you do a search of this forum to see what action you will need to take, but if you haven't done so already I would get photos of the area where you parked and the signage on display and then post these in this thread so members can assess the wording they have used.

 

I would also suggest posting this over at www.pepipoo.com as motoring/parking matters are their speciality.

[Al27]

Private company - mostly depends on signage and whether you could have consent to being clamped. Photos are good.

 

Nothing to do with council PCNs.

 

Did you pay by credit card?

 

Be aware small claims isn't necessarily a solution. Even if you win, clamping firm won't mind another CCJ. They've probably got many already.

 

Find out who the landowner is - they're less likely to accept a CCJ and are more likely to pay up.