Lewisham Council's Parking Amnesty

Copy of the communications with Lewisham Council

Dear Lesley Brooks
Thank you for your response.
I would now be grateful for answers to the following:
1. The number and value of non-compliant PCNs which will not be pursued.
2. How many of these were actually at Warrant stage (number and value)?
3. Can you please provide a copy of the instruction given to Frederickson International?
4. Can you please answer the outstanding questions in the communications below (I have highlighted them in red).
Please treat as a Freedom of Information request.
Yours sincerely,
Neil Herron

----- Original Message -----
From: Brooks, Lesley
To: Metric Martyrs
Cc: dawn.jarvis@freds.com ; Pemberton, Janet
Sent: Wednesday, September 27, 2006 3:24 PM
Subject: RE: Decriminalised Parking Enforcement: Questions and Information Request
Dear Mr Heron

Apologies for my delayed response. I have been on annual leave and just returned this week. In answer to your question this Authority does not intend to pursue non compliant PCNs .i.e. those PCNs that do not contain an issue date in the body of the PCN. We have requested Fredrickson Int not to apply or execute warrants for non-compliant PCNs.

yours sincerely,



Lesley Brooks

From: Metric Martyrs [mailto:metricmartyrs@btconnect.com] Sent: 04 September 2006 13:04To: Brooks, LesleySubject: Re: Decriminalised Parking Enforcement: Questions and Information Request
Lesley Brooks
Parking Services Manager
Lewisham Council
Wearside Road Depot
Wearside Road
London
SE13 7EZ

Dear Lesley Brooks,
I would be grateful for a response to the points not answered in your reply below.
With regard to the Charge Certificate point I have raised perhaps reference to the recent NPAS case Aylesbury Vale v Lukha may assist your legal department.
However, perhaps the most important and pressing point is this:
Does Lewisham Council intend to pursue PCNs which do not have an issue date in the main body of the PCN?
If so, can you please provide contact details for Lewisham Council's District Auditor and details of the Local Government Complaints Procedure.

Yours sincerely,

Neil Herron
12 Frederick Street
Sunderland
SR1 1NA

Tel. 0191 565 7143

----- Original Message -----
From: Brooks, Lesley
To: Metric Martyrs
Cc: Stewart, Paul
Sent: Wednesday, August 30, 2006 2:01 PM
Subject: RE: Decriminalised Parking Enforcement: Questions and Information Request
Dear Mr Herron

Thank you for your e-mail. My response is detailed in the order requested

As discussed on the telephone prior to March the issue date was included on the PCN carrier. The type of carrier was changed by our contractors to a clear carrier and the issue date was transferred into the body of the PCN. Software request was made via our contractors to Langdale systems. No interdepartmental communications exist on the matter.

I accept that in accordance with the latest ruling the issue date should be included in the body of the PCN.

The PCN is issued to the vehicle or given to a person appearing to be in charge of the vehicle i.e. the driver. Any communication for recovery of any monies outstanding from the PCN is always sent to the person appearing to be the owner of the vehicle.

We believe that the charge certificates do comply with the Act the surcharge is not added until the notice is served (14 + 3 days for the charge certificate to be served). We will therefore not be withdrawing charge certificates on that basis.

Fredrickson international register the charge certificates at TEC and execute the warrants on behalf of Lewisham. The charge certificate is transferred to Fredrickson for recovery 28 days from issue of the charge certificate (if payment remains outstanding). Fredrickson issue a global certificate to TEC on behalf of Lewisham.

I hope I have been able to answer your points raised. However, should you require any further information please do not hesitate to contact me.

yours sincerely,



Lesley Brooks
From: Metric Martyrs [mailto:metricmartyrs@btconnect.com] Sent: 22 August 2006 14:26To: Brooks, LesleySubject: Decriminalised Parking Enforcement: Questions and Information Request
Lesley Brooks
Parking Services Manager
Lewisham Council
Wearside Road Depot
Wearside Road
London
SE13 7EZ

22nd August 2006

Dear Lesley Brooks,

Further to our telephone conversation I would be grateful for confirmation of the following (please treat as a Freedom of Information request wherever necessary):

1. The date and reasons why the Lewisham Penalty Charge Notice was altered. I would be grateful for all inter-departmental communications on this matter.

2. The reasons you detailed in the conversation as to why you believe that the 'date of notice' need not be on the main body of the PCN, which appear to be in conflict with the decision of Justice Jackson in the Moses v Barnet case.

3. Why does the Lewisham PCN imply that it is the driver of the vehicle that must pay the PCN? ( PCN states: "To the Driver of vehicle xxxx").

4. Can you confirm that Lewisham Council's Charge Certificates do not comply with paragraph 7 of Schedule 6 of the 1991 Road Traffic Act?

Lewisham's Charge Certificate states:
You must pay this increased amount before the end of the period of 14 days, beginning with the date of this notice.

However, the legislation states:


Enforcement of charge certificate
7. Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the authority concerned may, if a county court so orders, recover the increased charge as if it were payable under a county court order.


Once you have sought advice on this point can you please confirm that you will be cancelling all outstanding Warrants of Execution and withdrawing all such Charge Certificates?

5. Can you please give details of the number and value of pending Charge Certificates and Warrants of Execution?

6. Can you explain the relationship between Fredrickson International Ltd. and Lewisham Council and the point at which a PCN is handed over to this debt collection
agency and whether they issue the Global Certificate to Northampton County Court Traffic Enforcement Centre on behalf of Lewisham Council?

I would be grateful if you could also provide details of the complaints procedure for the Local Government Ombudsman as I wish to initiate a complaint of maladministration should you fail to adequately deal with the points raised.

Yours sincerely,

Neil Herron

12 Frederick Street
Sunderland
SR1 1NA

Tel. 0191 565 7143





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