Had a Parking Ticket in Hull?

Well, the Council is going to be in a bit of a dilemma as their Penalty Charge Notices are not correctly worded. They follow the same format as the London Borough of Camden's did until a few weeks ago.

By stating 'You are required to pay...' they completely misrepresent the correct legal position as the 'you' may or may not be the registered keeper ( the person legally responsible for payment).



A recent PATAS case confirmed this and many local authorities across the country will now be fearing another 'Moses Moment.' This was the case of the two date issue regarding the validity of PCNs and cost councils £hundreds of millions in written off fines as they could not pursue non-compliant PCNs.



Check out the Hull section on the website for details of the background to the case.



BUT BUT BUT as Mr. Robinson in Brighton LOST a case on this very point the case is going to Judicial Review against NPAS in the High Court.



Why is it that one adjudication body PATAS (Parking and Traffic Appeals Service ...for the 33 London Boroughs) finds that such PCNs are unlawfully worded yet NPAS (the National Parking Adjudication Service ... for councils outside of London) thinks that they are correct.



The answer is simple ... NPAS have such a non-compliant PCN on their website as a sample PCN. You can see it here but just in case they attempt to change it as they did when the did not have a Date of Issue on the sample PCN after telling all the Councils in a Circular to check their wording I have posted a copy below.

For them to admit the PCN is non-compliant is a further admission of their incompetence. Time for some resignations I think.



Meanwhile, we await with anticipation for a response from Hull City Council to the letter below:



Parking Services
Hull City Council

Guildhall

Alfred Gelder Street

Hull

HU1 2AA

29th August 2007

Dear Sir / Madam

Re: Hull City Council's Decriminalised Parking Enforcement

I would be grateful for answers to the following questions:

1. On your website refer to:

'Parking penalty charges (or old excess charges) payment'

and go on to state:

"You can pay your Hull City Council parking penalty charges by any of the following methods:..."

As your Penalty Charge Notices also states:

" You are required to pay ..."

Hull City Council, in this respect, are misrepresenting the correct legal position regarding responsibility for payment. Under the 1991 Road Traffic Act it is the Registered Keeper who is legally responsible for the payment of the Penalty Charge not the driver. By making reference to 'you' you are creating a potential for prejudice as the 'you' may or may not be the registered keeper when the PCN is served by attaching it to the vehicle or handing it to the driver. It could well be that drivers may have paid PCNs after being misled by such wording when legally it was not their responsibility.

Therefore, could you please confirm that you will suspend enforcement forthwith pending the changing of the PCNs and correcting the website?

2. Do you plan to change the wording on your Penalty Charge Notices. If not please clarify on what authority you believe that you can deviate from the requirements of the legislation?

3. If you do intend to change the PCNs will you please confirm that all PCNs which have misrepresented the correct legal position will be refunded?

4. Could you please provide (treat as a Freedom of Information request if necessary):

(i) the number of Penalty Charge Notices issued to date (and income derived from those PCNs);
(ii) the number (and value) of PCNs currently unpaid;
(iii) copies of all communications (written, telephone, e-mail) internally between officers and departments of the council and externally with other agencies (National Parking Adjudication Service, Department for Transport, Government Office, other Councils) regarding the Penalty Charge Notices and any other such concerns regarding the validity, non-compliance of any other DPE notices;
(iv) copies of the background papers, consultations, prepared in advance of DPE and any communications (written, telephone, e-mail) internally between officers and departments of the council and externally with other agencies (National Parking Adjudication Service, Department for Transport, Government Office, other Councils) including a copy of the application to the DfT
(v) copies of any Special Authorisations obtained from the Department for Transport for any lines, signs or plates which do not comply with prescribed diagrams contained in the Traffic Signs Regulations and General Directions 2002.

I look forward to your response. Please acknowledge receipt of this letter and give an indication as to the timeframe for your response. Questions 1 - 3 can be taken separately to the FoI request.


Yours faithfully,



Neil Herron

12 Frederick Street
Sunderland
SR1 1NA