PCN Criminal ??

[noddyaccount]

In Response to a council , actually a notice of acceptance allowing my appeal /representations , where i had been a bit of a smartarse this is what they said and signed to , any comments welcomed ;

" The issuing of a PCN is an administrative action under which a person suspected of having contravened a parking regulation can discharge any liability at an early stage by paying the amount stated in the notice. The payment of the penalty is not a criminal fine nor does it result in a criminal conviction .

However if the recipient of the PCN decides not to pay the PCN , the council would then be in a position to issue CRIMINAL proceedings against that person. At that stage, a fine and conviction may result under CRIMINAL law from any court Proceedings " ????

At the time i had several unpaid PCNs lurking so I assumed this to be leverage to encourage me to pay .

[kwaks]

Got to give them credit for trying lol

 

Though I would be coming down on them from a great height for that!!

[my-spirit-soars-free]

I could have sworn that when the parking enforcement was passed to the councils it was called "decriminalised parking"?

[lamma]

which council ? are they still on the 1984 RTA or are they now decrim ?

[noddyaccount]

which council ? are they still on the 1984 RTA or are they now decrim ?

RBKC

Decrim since the beginning .

What remedy do I have to drop on them ?

[lamma]

remedy against a council, not easy. I don't think you can go the tort route as its just words and you have no loss, and torts against a council not easy anyway. try complaints to their head of legal and involve the local press, you nice new MP and councillors, the LGO etc. I know they tend not be too hot but that council has threatened criminal sanction where non is applicable and thats not trivial. I would also write to PATAS about it and ask why their website (i.e. the PATAS website) doesn't show the criminal part of the process and why doesn't it and when are they going to correct this lack. reverse logic, PATAS will ignore a complaint about a council so make it about PATAS by 'assuming' RBKC are correct That is if your quote is exact and not a paraphrase of a letter that actually talks about civil sanction through the courts - I have to ask that.

[noddyaccount]

remedy against a council, not easy. I don't think you can go the tort route as its just words and you have no loss, and torts against a council not easy anyway. try complaints to their head of legal and involve the local press, you nice new MP and councillors, the LGO etc. I know they tend not be too hot but that council has threatened criminal sanction where non is applicable and thats not trivial. I would also write to PATAS about it and ask why their website (i.e. the PATAS website) doesn't show the criminal part of the process and why doesn't it and when are they going to correct this lack. reverse logic, PATAS will ignore a complaint about a council so make it about PATAS by 'assuming' RBKC are correct That is if your quote is exact and not a paraphrase of a letter that actually talks about civil sanction through the courts - I have to ask that.

 

Thank you , the letter is exactly to the letter , thats k&C the royal arrogance without the class . Heads must roll .

[lamma]

I can't see an criminal sanction here ParkingEnforcement can you ? Why hasn't PATAS included it ? etc etc