Manchester City Council - DPE Questions

Graham Marsh
Parking Manager
Street Management and Parking Services
PO Box 585
Manchester
M60 3NZ

6th September 2006

Dear Mr Marsh,

I have just checked a Manchester City Council Penalty Charge Notice that you kindly forwarded to me on 9th May following a Freedom of Information request.
In a telephone call to you today you confirmed that there had been no alterations to the PCN and you were currently 'taking legal advice.'

If it is still the case that Manchester City 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 that Manchester City Council's PCNs are non-compliant and that you will suspend enforcement of its DPE regime forthwith?

2. Can you confirm that Manchester City Council will not pursue ANY outstanding PCNs which are incorrectly worded and will withdraw any bailiff's actions?

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

4. What does Manchester City Council intend to do with regard to non-compliant PCNs issued which have 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 Manchester City 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 Manchester City 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 Manchester City Council since the inception of DPE?

9. Can you confirm whether Manchester City Council hold, or have held any monies belonging to the National Parking Adjudication Service in any of its accounts ?

10. Can you please provide copies of all communications between Manchester City Council and the National Parking Adjudication Service and clarify any relationships between the City Treasurer and NPAS.

11. Can you please indicate the person 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 Manchester City Council accounts.

Yours sincerely,

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

copy to: Alan Salter, Manchester Evening News