Joined: 27 Nov 2009
|Posted: Fri Nov 27, 2009 11:03 am Post subject: Invalid Lambeth Penalty Charge Notices
I received this email relating to recent Lambeth Penalty Charge Notices which I trust is self-explanatory.
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 Labeth 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 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).
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]*
* 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:
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.
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
Invalid Penalty Charge Notices and Notices to Owner issued by Camden ,Harrow, Kingston and Merton.
URGENT! If you have received a Penalty Charge Notice, Notice to Owner or Notice of Rejection from Camden, Harrow, Kingston or Merton which stated that there would be a 1.3% administration surcharge if payment was made by credit card the PCN and Notice to Owner are unenforceable.
Parking Adjudicators have held that this additional charge is an unlawful demand and the PCNs cannot be enforced and a review of the issue by the Chief Adjudicator upheld that view. Camden Council have since that decision commenced procedures to take the matter to the High Court for a judicial review of the issue.
In the meantime all of the affected PCNs should not be enforced by the councils and should be put on hold if you have an open appeal although Camden council have pursued these appeals with the adjudicator at least up to 24th November 2009(!!). They lost on the latest case I had with them on this point.
If you have paid a PCN with this defect than I recommend that you write to the council concerned as follows:
Your PCN/Notice to Owner/Notice of Rejection* (delete as required) contains an unlawful demand, namely the 1.3% administration charge to use a credit card.
The Chief Parking Adjudicator has held that such PCNs are invalid and unenforceable and I must ask that you refund the amount of £xxx.00 that I paid.
New Laws relating to Rogue Clampers have been proposed by the government.
I will deal with some of the issues raised in my next Newsletter.
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