Oldham MBC - DPE Questions and FOI Request

Parking Administration
PO Box 499
Oldham
OL1 9AA

6th September 2006

Dear Sir / Madam ,

I have just been forwarded an Oldham MBC Penalty Charge Notice. I wish to put you on notice that your Penalty Charge Notices do not appear to comply with the requirements of Section 66(3) of the 1991 Road Traffic Act. I understand that the PCNs have been recently altered to make them compliant with the requirements of the Act. I wish to request that you confirm that you will not be pursuing any PCNs which are non-compliant.
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):

Further to my telephone call with Paul in Parking Services at 9.50am can you please confirm that Oldham MBC have changed the wording on their PCNs?
1. Can you advise the date that this alteration took place, the reasons for doing so and can you please provide a copy of both PCNs along with any communications regarding this matter?

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

3. Please confirm the date Oldham MBC 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. Again, I would be grateful for all communications by Oldham Council officers on this matter?

4. Can you please indicate the number of PCNs issued and the amount of monies received AFTER the NPAS Circular was received?

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. What does Oldham MBC intend to do with regard to ALL non-compliant PCNs issued which have been paid: (i) since the inception of DPE and (ii) since the NPAS Circular?

7. Can you please advise as to the number of Oldham MBC PCNs that have gone before the National Parking Adjudication Service?

8. Do you intend to challenge the competence of the National Parking Adjudication Service who have similarly failed to identify the flaws in the Oldham MBC 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'?

9. Can you detail the amount of money paid to the National Parking Adjudication Service by Oldham MBC since the inception of DPE?

10. Can you please provide details of any communications from members of the public or any other source ( in addition to the NPAS Circular) which have advised Oldham MBC that their PCNs were unlawful and did not comply with the requirements of the 1991 Road Traffic Act, and the provide details of officers actions on receipt of this information?

I appreciate the enormity of admitting that ALL outstanding unpaid, non-compliant PCNs cannot be pursued having been declared a nullity by the High Court but any attempt to continue to pursue motorists 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.
I would also be grateful if you could advise as to the Council Officer responsible for signing the Global Certificate or 'statement of truth' which accompanies the documentation presented to Northampton County Court Traffic Enforcement Centre and provide copies of all such documentation since the NPAS Circular.
Please confirm receipt of this e-mail and confirm that a copy will be forwarded to elected members and the Chief Executive.

Yours sincerely,

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