Peterborough Today
PETERBOROUGH City Council could be facing a financial headache spiralling into thousands of pounds if more people find that the parking tickets they received could be "invalid".
Following several high-profile cases in England, an independent adjudicator from the Parking and Traffic Appeals Service (PTAS) ruled that if a ticket does not have a "date of notice" written on it, it cannot be enforced.One motorist challenged his ticket with Peterborough City Council, and was refunded his fine as a "goodwill gesture" and he is now urging others to try the same.John Price (59) had parked near Peterborough District Hospital after a family emergency at 5am on February 9.
When he returned to his car some seven hours later, he discovered he had been given a fine.
Despite feeling aggrieved at the ticket, he agreed to pay the £30. But he was encouraged to challenge the fine by a member of the Association of British Drivers because the ticket did not have "date of issue" printed on it.
When Mr Price, a church warden, queried it, he was refunded his cash.
Today he said: "They were scared stiff I would rip them to pieces at court. There are literally hundreds, if not thousands of motorists who have been fined in the Peterborough area through these illegal tickets. The council should do the decent thing and pay back all the people who have been fined. If I made a mistake on my insurance paperwork then I would be fined. All those people who have coughed up £30 or £60 have been fined illegally."
The city council said it has now changed the wording on the tickets, and claims the decision on the Barnet case (see side bar) was not legally binding and people would have to challenge their ticket on an individual basis.
A spokesman added: "People who have paid the fine would have admitted liability, so it would be hard to then appeal against the tickets."
If anyone feels they have got a justifiable cause to contest the legality of a PCN (penalty charge notice) they will have to take it to an adjudicator."
But another campaigner, Neil Herron, is urging people to appeal their ticket if it was issued before the February 23 change.And he claims anyone with outstanding fines that were issued before that date cannot be forced to pay it.Mr Herron, who helped force Sunderland Council into an independent review of parking charges, said: "Everybody should appeal, but it shouldn't be down to them. It's up to the local authority to put their hands up, apologise and refund the money. "The authority will have become aware that there was a problem in May last year, but has continued issuing tickets."Issued against the law"
An independent adjudicator from the Parking and Traffic Appeals Service (PTAS) said that two tickets given to Hugh Moses in Golders Green, Barnet, last year were not issued in accordance with Section 66 of the Road Traffic Act 1991, which says the penalty charge notice (PCN) should state the date of issue.The tickets only stated the date of the parking infringement, not the date on which the ticket was issued. The adjudicator, Timothy Thorne, argued this was against the law, even though PCNs are almost always issued while the car is illegally parked.Barnet Council requested a review of the case, but PTAS said the ruling would not be overturned or reviewed.
14 April 2006
PETERBOROUGH City Council could be facing a financial headache spiralling into thousands of pounds if more people find that the parking tickets they received could be "invalid".
Following several high-profile cases in England, an independent adjudicator from the Parking and Traffic Appeals Service (PTAS) ruled that if a ticket does not have a "date of notice" written on it, it cannot be enforced.One motorist challenged his ticket with Peterborough City Council, and was refunded his fine as a "goodwill gesture" and he is now urging others to try the same.John Price (59) had parked near Peterborough District Hospital after a family emergency at 5am on February 9.
When he returned to his car some seven hours later, he discovered he had been given a fine.
Despite feeling aggrieved at the ticket, he agreed to pay the £30. But he was encouraged to challenge the fine by a member of the Association of British Drivers because the ticket did not have "date of issue" printed on it.
When Mr Price, a church warden, queried it, he was refunded his cash.
Today he said: "They were scared stiff I would rip them to pieces at court. There are literally hundreds, if not thousands of motorists who have been fined in the Peterborough area through these illegal tickets. The council should do the decent thing and pay back all the people who have been fined. If I made a mistake on my insurance paperwork then I would be fined. All those people who have coughed up £30 or £60 have been fined illegally."
The city council said it has now changed the wording on the tickets, and claims the decision on the Barnet case (see side bar) was not legally binding and people would have to challenge their ticket on an individual basis.
A spokesman added: "People who have paid the fine would have admitted liability, so it would be hard to then appeal against the tickets."
If anyone feels they have got a justifiable cause to contest the legality of a PCN (penalty charge notice) they will have to take it to an adjudicator."
But another campaigner, Neil Herron, is urging people to appeal their ticket if it was issued before the February 23 change.And he claims anyone with outstanding fines that were issued before that date cannot be forced to pay it.Mr Herron, who helped force Sunderland Council into an independent review of parking charges, said: "Everybody should appeal, but it shouldn't be down to them. It's up to the local authority to put their hands up, apologise and refund the money. "The authority will have become aware that there was a problem in May last year, but has continued issuing tickets."Issued against the law"
An independent adjudicator from the Parking and Traffic Appeals Service (PTAS) said that two tickets given to Hugh Moses in Golders Green, Barnet, last year were not issued in accordance with Section 66 of the Road Traffic Act 1991, which says the penalty charge notice (PCN) should state the date of issue.The tickets only stated the date of the parking infringement, not the date on which the ticket was issued. The adjudicator, Timothy Thorne, argued this was against the law, even though PCNs are almost always issued while the car is illegally parked.Barnet Council requested a review of the case, but PTAS said the ruling would not be overturned or reviewed.
14 April 2006
posted by Neil Herron at 12:01 PM
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