Is East Riding PCN valid

[flower2]

Employee received PCN & I think it could be enenforcable can anyone help, the PCN states

 

1. Top of the PCN - The Road Traffic Act 1984 off street/on street parking places order parking charge notice(Notice of Offence) Is there not a more recent act?
   
2. seen on location west street. west street, where?
   
3. Payment must be made within 14days, otherwise proceeding may be commenced in the magistrates court for the offence. How do they know if I (the registered keeper) have received the PCN?
   
4. Should a reduced payment be available if paid within a certain time?
   

[Bernie_the_Bolt]

Sounds like an ECN not a PCN.

 

Best paid and done with unless you have a slam-dunk defence.

[BaldyBaldwin]

can i ask what an ECN sis?

[flower2]

What is an ECN please?

[Bernie_the_Bolt]

ECN = Excess Charge Notice.

[flower2]

If it is an ECN then why does it say PCN?

[Jamberson]

Might be a [problem].

 

Can you put an image up (obscuring any identifying details such as PCN number, reg number etc.)

[Bernie_the_Bolt]

I think it is more likely that the LA has been slack with their language.

 

Check that the reference is to the "Road Traffic Regulation Act 1984", then phone up the council and ask what in that legislation gives them the authority to levy penalties (rather than charges).

 

This is the technicality that may help you.

 

It will also raise ECHR issues but it may be a long and hard fight (and potentially expensive)!

[flower2]

Can someone tell me how to upload from photobucket to this site.

Edited November 11, 2009 by flower2
Image poor

[Jamberson]

When you put an image on Photobucket it has its own URL (web page address). Just copy and paste that, and we can link to it and see your picture.

[JimmySpangle]

looks like an official council ECN to me, but the image is too small to be certain.

[green_and_mean]

I think it is more likely that the LA has been slack with their language.

 

Check that the reference is to the "Road Traffic Regulation Act 1984", then phone up the council and ask what in that legislation gives them the authority to levy penalties (rather than charges).

 

This is the technicality that may help you.

 

It will also raise ECHR issues but it may be a long and hard fight (and potentially expensive)!

 

In what way is a parking charge notice not a parking charge??

[Bernie_the_Bolt]

My mistake! Fixated on Council PCN and for some reason concluded they must have issued a "Penalty Charge Notice" when not authorised under the Road Traffic Regulation Act 1984.

[flower2]

Here we go, the PNC in question

 

http://i790.photobucket.com/albums/yy187/dmb17/PCN2.jpg

http://i790.photobucket.com/albums/yy187/dmb17/PCN1.jpg

[Jamberson]

Don't recognise that type of document. It's not a standard PCN.

[Bernie_the_Bolt]

As I originally thought, this is under the old legislation before decriminalisation. If you don't pay this now, you could end up with a criminal conviction.

 

It used to be the case that thinking was you stood a better chance of convincing magistrates to exercise their discretion and see sense but I don't think that necessarily holds true now.

 

I still suggest pay and be done with it!

[flower2]

Please enlighten me.

 

How come they can operate under the old legislation?

 

How can I end up with a criminal record when I was not driving, just the registered keeper.

 

How do they know I (the registered keeper) have received the PCN?

 

Forgive me if I appear thick.

[green_and_mean]

Please enlighten me.

 

How come they can operate under the old legislation?

 

How can I end up with a criminal record when I was not driving, just the registered keeper.

 

How do they know I (the registered keeper) have received the PCN?

 

Forgive me if I appear thick.

 

If it doesn't get paid they will request the drivers details, if you do so they prosecute the driver for non payment, if you don't provide driver details they prosecute you for failing to comply.

 

Its not 'old' legislation just older than more recent legislation which Councils have the option to use.

[lamma]

"Its not 'old' legislation just older than more recent legislation which Councils have the option to use." Almost. Councils had the option to remain on the old legislation by not adopting DPE (then CPE). Its not an either or option choice of a particular council. its a one or the other. Some (very few) councils have stayed with the old stuff. Not heard of any council rescinding CPE. Come to that I don't know if its even possible.