Copy of letter of letter from Miss H Buchan 13.01.05, Newcastle City Council to Neil Herron

Newcastle City Council

S.P Savage, Head of Public Health & Environmental Protection
Regeneration Directorate
Civic Centre, Newcastle upon Tyne, NE1 8PB
Tel: (0191) 232 8520, ext. 26008 Fax: (0191) 2616163
E-mail: phep@newcastle.gov.uk www.newcastle.gov.uk

Our Ref: PHEP/PBM/HXB/

Your Reference:

This matter is being dealt with by Miss H. Buchan, extension 26008

13 January 2005


c.c Ian Stratford
Peter Arnold


Dear Sir,

Excess Charge Notice Number 96256134
Vehicle Registration Number R24PJR

Thank you for your correspondence regarding the above. You have raised a number of points and in order to provide clarity, I shall respond in the same order as set out in your letter.

It is a criminal offence under s108 of the Road Traffic Regulation Act 1984 for non compliance with notice (Excess Charge). I have enclosed a copy of the relevant section for your information which I hope you will find helpful.

In paragraph 3 you suggest that we are requesting that you pay £60 for an alleged offence. I can inform you that this is not the case. It would appear that you may be confusing the offence under s108 and Excess Charge Notice payment that we are requesting. S32 of the Road Traffic Regulation Act 19847 (RTRA) allows a Local Authority to provide off street parking places. S35 of the same act allows the Local Authority to make provision as to the use of the parking place including provision for charges for its use. This is precisely what the Local Authority has done in the City of Newcastle upon Tyne (off Street parking places) Order 2001.

This order applies to the area in which your vehicle was parked. Article 8 of the Order deals with excess charge payments and under article 8 (7) the 2nd excess charge shall be £60 reduced to £30 if paid within 7 calendar days of the notice. You are of course more than welcome to view the orders; you need only make an appointment to do so.

Given the above, I believe that all of your remaining points including the Magna Carta, Bill of Rights 1689, the Act of Union and Reform Act etc are irrelevant as we are not requesting payment for an offence but rather requesting payment for a charge which we are legally entitled to do.

You are of course entitled to a fair trial and we have never suggested otherwise. Should you wish to dispute the charge you may raise your defence in a court of law who will then adjudicate the matter.

Given the above, I am unable to waive the charge and £60 is due. Payment should be made within 14 days of the date of this letter. Should the ticket not be paid, I will have no other option than to refer this matter to the magistrates Court for their consideration.

Yours faithfully

Parking Management Co-ordinator