Clacton on Sea? Non compliant parking tickets to cause fine mess for Tendring Council

A little problem in Clacton-on-Sea with their incorrectly worded parking tickets

xxx xxxxxx
Head of Service
Parking Services
Tendring District Council
PO Box 8259
Clacton-on-Sea
Essex
CO15 6WZ

13th October 2006

Dear Mr. xxxxxx,


I have been forwarded a Tendring District Council Penalty Charge Notice and it appears to have been confirmed following a telephone conversation with xxxxx xxxx at 10.10am today that there is no date of issue on the Tendring District Council PCN.

I wish to put you on notice that as Tendring District Council's PCNs do not have a 'Date of Notice' (or Date of Issue) in the main body of the PCN as well as the date and time of contravention then it is the case that the Penalty Charge Notices do not comply with the requirements of Section 66(3) of the 1991 Road Traffic Act and I request that you suspend your Decriminalised Parking Enforcement operation immediately until you have corrected this fundamental error.

It is a requirement of the Act for two dates (notice and contravention).

In the recent case heard before Justice Jackson on 1st August 2006 (Moses v Barnet) the Judge mentioned in his judgment that the requirement of the two dates had been mentioned by adjudicators on more than one occasion. He emphasised that the statutory requirement of the form of the PCN were simple and clear - compliance was not difficult and a specimen had been available for more than 10 years. Enforcing authorities therefore had no excuse for non-compliance.

He deemed non-compliant PCNs a nullity.

I would be grateful for answers to the following (please treat as a Freedom of Information Request wherever necessary):

1. Can you please confirm as a matter of urgency that Tendring District Council's PCNs are non-compliant and that you will suspend enforcement of its DPE regime forthwith until your PCNs have been made compliant?

2. Can you confirm that Tendring District Council will not pursue ANY outstanding PCNs (and Notice to Owners, Notices of Rejection, Charge Certificates and Warrants) which are incorrectly worded and will withdraw any bailiff's actions?

3. Please confirm the date Tendring District Council received the National Parking Adjudication Service Circular MacArthur v Bury (BC 188) regarding the wording of PCNs and please explain why the PCNs were not altered then and the contents of the circular not acted upon?

4. What does Tendring District Council intend to do with regard to non-compliant PCNs issued which have already been paid?

5. Can you please advise as to the number and value of PCNs which have been issued since the inception of DPE which do not bear the two dates described above?

6. Can you please advise as to the number of Tendring District Council PCNs that have gone before the National Parking Adjudication Service?

7. Do you intend to challenge the competence of the National Parking Adjudication Service who have similarly failed to identify the flaws in the Tendring District Council PCNs, the most fundamental piece of evidence in the whole process, despite, in the words of Justice Jackson, 'a specimen being available for more than 10 years'?

8. Can you detail the amount of money paid to the National Parking Adjudication Service by Tendring District Council since the inception of DPE?

9. Can you please indicate the council officer / officers responsible for signing the Global Certificates or 'statements of truth' that accompany the documentation passed to Northampton County Court Traffic Enforcement Centre?

I appreciate the enormity of the task of suspending DPE but as non-compliant PCNs have been declared a nullity by the High Court any attempt to continue to enforce using such unlawful documents is a very serious matter indeed and may lead to formal complaints of Misfeasance / Misconduct in Public Office being made to the Police and complaints of maladministration to the Local Government Ombudsman.

I trust I will receive a reply by return to the main points raised as the matter is most certainly in the public interest, and will expect this matter to require further detailed internal and external investigation

Please confirm receipt of this e-mail and confirm that a copy will be forwarded to elected members and the Chief Executive and can you please furnish me with the contact details for the District Auditor responsible for the Tendring District Council accounts.

Yours sincerely,

Neil Herron
12 Frederick Street
Sunderland
SR1 1NA
Tel. 0191 565 7143
Mob. 07776 202045