Just been on Look North and BBC Radio Humber tonight as the Council's DPE regime gets thrown unceremoniously into the spotlight.
On Thursday Philip Nixon is going head to head with the Council over their Penalty Charge Notices at an NPAS hearing.
A recent case in Camden ruled that their PCNs were non-compliant and misrepresented the correct legal position by stating 'You are required to pay ..."
Hull Council has the same wording on its PCNs and I have a case pending against Bristol on the same point.
The full legal arguments will be posted shortly on www.parkingappeals.co.uk but meanwhile the implications for Councils across the country will be that they will suffer another 'Moses Moment'
... where the High Court ruled last year that their PCNs were non-compliant on teh two date issue.
Most councils corrected the error but could not pursue non-compliant PCNs.
If the adjudicator rules in Mr. Nixon's favour then Hull will be forced to change the PCNs and will not be able to pursue those that do not comply.
The £multi-million question however is that if you have paid are you entitled to a refund. Our legal opinion confirms that you are and we are preparing the legal argument to that effect which will be released on the site within a month.
Tuesday, August 28, 2007
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