Invalid Penalty Charge Notices issued by councils

Dear Neighbours

Following on from our public meeting

on Parking held in January 2006,

organised jointly with Kennington, Oval and Vauxhall (KOV) Forum,

KA member, William Battersby,

has asked that we circulate the below.

Best wishes

Cathy Preece

KA Administrative Assistant

----- Original Message -----
From: "Barrie Segal - Founder of AppealNow.com" appealnownews@wizardresponder.com
To: william@battersbyfamily.com
Sent: Thu 26/11/09 2:50 PM
Subject: Fwd: URGENT NEWSLETTER - Invalid Penalty Charge Notices issued by councils

Dear William

THIS IS AN URGENT ALERT!

Invalid Penalty Charge Notices issued by Westminster, Camden, Lambeth and Hammersmith & Fulham.

URGENT! If you have received a penalty charge notice for a moving traffic contravention from Westminster, Camden and Lambeth then it is likely that the PCNs are invalid.

These PCNs are sent by post and issued under the London Local Authorities Acts 1990 to 2003. They are deficient and unenforceable because the PCN says that the 28 days to pay or appeal commences with the date of the PCN. This is INCORRECT as legally the time limit commences with the date of service (i.e. when you receive it).

As a result the councils have shortened the legal period you have to pay or appeal and consequently the PCN is unenforceable. This was confirmed in a recent Parking Adjudication case Graham William Stubbs - v - Westminster City Council (case 2090397156).

If you have received a PCN by post from the above councils or indeed any council check the calculation of the payment and appeal dates.

If you are still within the 28 days of service that you are allowed to lodge an appeal and have not paid the PCN then appeal immediately to the local authority on the grounds that no contravention took place AND that there has been a procedural impropriety. (See below for appeal letter wording)

If you have paid one of these PCNs then I would suggest that if you are still within the 28 days of service that you are allowed to lodge an appeal then I suggest that you appeal on the grounds that no contravention took place AND that there has been a procedural impropriety and in addition ask for your money back. (See below for appeal letter wording).

APPEAL LETTER

"Dear Sirs

PCN XXXXXXXXXX VEHICLE AAAAAAAA

Please accept this as an appeal against the above PCN on the grounds that

1. no contravention took place AND

2.that there has been a procedural impropriety

Your council's PCN is invalid because you have calculated the date for payment and the period to appeal from the date of the PCN whereas Paragraph 1(3) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 requires the date to be calculated based on the date of service.

[I have in the meantime paid the amount of £xxx.00 in error and would ask that this be refunded immediately]*

Yours faithfully"

* delete this sentence if you have not paid.

If you have paid but are outside the 28 days based on the date of service then I would suggest that you write to the council as follows:

"Dear Sirs

PCN XXXXXXXXXX VEHICLE AAAAAAAA

Your PCN is invalid because you have calculated the date for payment and the period to appeal from the date of the PCN whereas under Paragraph 1(3) of Schedule 1 to the London Local Authorities and Transport for London Act 2003 requires the date to be calculated based on the date of service.

I was misled by you into making a payment and have paid the amount of £xxx.00 in error and would ask that this be refunded immediately.

Yours faithfully"

I am investigating other PCNs and I will post any details of any other invalid PCNs on the News page at www.appealnow.com/news