Parking Ticket Section Error

thmb2000

Thought I should just point out an error on the Parking ticket appeals section of the site.

In the section regarding the nine grounds for appeal of parking tickets, number 3 is that there has been a procedural error. Within that, there is a link to a list of all the things a PCN notice must contain under the Civil Enforcement of Parking Contraventions General Regulations

One of them is the grounds on which you can make an appeal. Just thought it was worth mentioning that this does in fact not appear within the Act.

Just to show, here is the list on MSE:

• The date it is served.
• The name of the enforcement authority.
• The registration of the vehicle.
• The date and the time the alleged contravention occurred.
• Why the ticket has been issued.
• The amount of the penalty charge.
• That the penalty charge must be paid within 28 days.
• That if the penalty charge is paid within 14 days the fine will be reduced.
• How to pay the charge.
• If the charge is not paid within 28 days, a 'Notice to Owner' form will be sent to the vehicle owner.
• That you can appeal within the first 28 days and how you need to make the appeal, including the address (and email and fax if appropriate) that appeals should be sent to.
• The grounds under which you can make an appeal.
• That if your formal appeal is made on time but is rejected, that you can appeal to an adjudicator.

And here is the list within the aforementioned act:

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—
(a) the date on which the notice is served;
(b) the name of the enforcement authority;
(c) the registration mark of the vehicle involved in the alleged contravention;
(d) the date and the time at which the alleged contravention occurred;
(e) the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;
(f) the amount of the penalty charge;
(g) that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;
(h) that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;
(i) the manner in which the penalty charge must be paid; and
(j) that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

PLUS this in the The Civil Enforcement of Parking Contraventions Representations and Appeals Regulations:

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—
(a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i) those representations will be considered;
(ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.

Sorry to be a bit of a bore, but if you can be bothered to read through, you will see there is no requirement that the grounds on which one can appeal should appear on a PCN. (If served by post it is different).
I very nearly appealed on this basis, but thought I would just check the act, and am glad I did!
Cheers, Tom.