"It's Hard Being a Cowboy in Rochdale"

...actually it's not that hard if you are running Rochdale Council's Decriminalised Parking system.

Breaking news...

It looks like another Local Authority's decriminalised parking enforcement regime is about to come crashing down. Sunderland Council have been forced to give money back. Blackburn with Darwen Council have too. NPAS is under mounting pressure.

Rochdale Council initiated their DPE on 4th July 2004 after making an application to the Secretary of State and having it approved.

However, their Penalty Charge Notices, issued in compliance with the 1991 Road Traffic Act make reference to the driver. There is no opportunity in legislation or the appeals procedure for the driver to make representations. The 'owner/registered keeper as required by the legislation to make the submission.
On the Rochdale PCN the reference is to the driver on the front of the ticket and on the reverse it states:
'If we have not received your payment within 28 days from the date of this notice, we will send you a Notice to Owner document. The Notice to Owner will tell you:

• the amount of charge to pay
• How to make representations about this penalty charge notice
• The grounds on which you can base your case.'

Trouble is that they are making a wrongful assumption that the driver and the owner/keeper are one and the same.

If the PCN fails to comply with section 66(3) of the Road Traffic Act 1991 in ways that are 'significant, material and potentially prejudicial' so as to render it void and unenforceable. (MacArthur vs Bury Council).

Therefore, every ticket Rochdale Council have issued appears to be unlawful.

The monies collected unlawfully will have to be refunded. The 2004 / 5 accounts will contain items of unlawful income.