Thursday, September 28, 2006

Ticket Date Row

Carmarthen Journal
27th September 06
Mary Vancura

news@carmarthenjournal.co.uk

The manager of a Carmarthen taxi firm claims parking tickets issued by Carmarthenshire Council are invalid.
Steve Dunn, of Steve's Taxis, noticed that penalty charge notices (PCNs) issued by the council lack a date of contravention, as well as a date and time of notice.
The scrutiny of the tickets comes following a crucial court ruling on August 2, in the London borough of Barnet.
As the date of contravention and date of issue are not always the same, the judge ruled that those PCNs only offering a single date are invalid, as, under Section 66 (3) of the 1991 Road Traffic Act, they must show the specific date of the parking offence.
Mr Dunn says that this has huge implications for Carmarthenshire Council, as it has had for other councils around the country - all of which were issued with information on the problem years before it ever went to court.
"After the ruling in August, some boroughs and counties stopped issuing tickets because they knew that they didn't comply with the ruling," he said.
"Carmarthenshire Council is still issuing tickets with just a date of issue on them, which makes them invalid. Everyone who has paid one of these tickets is technically entitled to their money back."
After consulting Neil Herron, a Sunderland-based parking ticket expert, Mr Dunn sent a comprehensive email to Carmarthenshire's head of transport, Trevor Sage, detailing the ruling and asking for a response.
Carmarthenshire Council transport manager Stephen Pilliner said: "The issue has arisen from a specific court case covering the issue of an enforcement notice detected by CCTV.
"The council is satisfied that the processes and procedures relating to the issue of PCNs are undertaken in accordance with the law."

2 comments:

Anonymous said...

what cctv case is mr pilliner on about the Barnet judgement was after a warden had placed the ticket on the car for parking in a residents parking place and the story goes on to say that if a ticket is not handed to the driver or placed on the windscreen it is not valid doesn't it ????

Section 66 of the 1991 Act

"(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may - -
(a) fix a penalty charge notice to the vehicle; or
(b) give such a notice to the person appearing to him to be in charge of the vehicle.

how does a cctv camera place a ticket on the vehicle or hand it to the driver

Sniggles said...

Yes this is just another example of the council grabbing every last penny from the public. For more examples visit

http://carmarthenshirecouncil.blogspot.com/

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