Legislation Relating to tickets under the Road Traffic Act

[petej2811]

I wrote a 'get out' guide to private parking myself and have really avoided the issue of both tickets issued by councils and the police under the Road Traffic Act 1991 and the issue of clamping.

 

I wonder if anyone here either has a guide to a defence against tickets under the RTA '91 or would be able to write one?

 

The same as regards clamping, if anyone is capable of doing an all encompassing guide to your defence and right to reclaim the funds it would be a great help.

 

While the forum is very good in terms of case by case advice what we really lack here are definitive guides or all the info in one place (without having to trawl the various threads).

 

Any takers?

 

Pete

[patdavies]

You would need to be very careful to write an all encompassing piece about this.

 

The RTA 1991 provides for decriminalised parking enforcement in London. The RTA 1991 (as amended) extends the possibility of DPE to other councils. However, not all councils have DPE, they have to be authorised by the SoS after showing their capability (ha!). If an area does not have DPE, then councils have to rely on the RTRA 1984 to issue tickets.

 

There are three type of tickets:

 

• Excess Charge Notice (ECN) issued under the RTRA 1984.
  
• Penalty Charge Notice (PCN) issued by council emplyeesa or contractors (parking attendants- PA) under the RTA 1991 (as amended)
  
• Fixed Penalty Notice (FPN) issued by Police or Traffic Warden - these are criminal offences.

[sinon]

Hi, my local council doesn't have DPE, please can you tell me what SoS is?

[patdavies]

Secretary of State