Dacorum Council put on notice...another parking fine mess

Dear Mr Herron,
Thank you for your e-mail of 8/11. I am currently seeking legal advice from our partners, Watford Borough Council in relation to this matter and the points that you raise prior to a response being sent. In relation to your freedom of information request, I will make arrangements for the information you request to be collated and sent to you.
Yours sincerely
Janet Macdonald



-----Original Message-----From:
Neara [mailto:neara@btconnect.com]
Sent: 08 November 2006 16:28
To: janet.macdonald@vincipark.co.uk
Subject: Dacorum Borough Council: DPE Questions

Janet Macdonald
Parking Operations Manager
Dacorum Borough Council

Dear Janet,

I have been forwarded an e-mail with regard to Dacorum's PCNs issued in relation to your DPE regime, along with a copy of the adjudicator's decision in Palmer v Dacorum Borough Council.

Further to our telephone conversation of 3.30pm today I would be grateful for answers to the following:

1. You mentioned that the PCNs that were now being issued 'were compliant' but you were waiting for the printers to change the wording on the back of the PCN. I would be grateful if you could clarify this and provide a copy of the PCNs that are currently being issued and a copy of the one 'which you are awaiting from the printers.'

2. Please confirm in writing your statement that the PCNs being issued ARE compliant with the requirements Section 66(3) of the 1991 Road Traffic Act?

3. Please confirm that Dacorum Borough Council will not be pursuing non-compliant PCNs. It is not a matter for the motorist to 'be aware' that the PCN is non-compliant. As no financial liability arises from a non-compliant PCN then any attempt by Dacorum Borough Council to pursue PCNs, the wording of which has been specifically deemed non-compliant will result in a complaint of misfeasance in public office against the officers involved and the Council who has a vicarious liability.

4. I wish to put you on notice that the enforcement of the DPE operation is suspended until Dacorum Borough Council's PCNs are fully compliant otherwise it is likely that complaints will be made of misfeasance and maladministration to the relevant and necessary authorities including the Local Government Ombudsman and if necessary the Police, and that a formal complaint will be made to the District Auditor should it transpire that Dacorum Borough Council's accounts contain items of income derived from non-compliant PCNs.

5. You may need to treat this separately as a Freedom of Information request:
(i) how many PCNs have been issued (and the value of monies entered into Dacorum Borough Council's accounts by financial year) before the NPAS decision in Palmer v Dacorum Borough Council (6th November 2006)?
(ii) how many PCNs are currently outstanding (and the current value in your system)
(iii) how many PCNs have been pursued via Northampton County Court and the amount of monies recovered?
(iv) when did Dacorum Borough Council receive a copy of the NPAS Circular MacArthur v Bury (BC 188) regarding the wording of the PCN and the requirements of Section 66(3) of the 1991 Road Traffic Act?

I trust you will reply as a matter of urgency to prevent any motorists being wrongly targeted or harassed.

Please confirm receipt of this e-mail and please confirm that you will forward a copy to all elected members and Daniel Zannit, the Chief Executive.

Yours sincerely,

Neil Herron
12 Frederick Street
Sunderland
SR1 1NA

Tel. 0191 565 7143