Penalty charge notice.... appealing.
Discussion
Got back to my car, parked outside my old house with a valid permit til 31/07 (on dash board visible to everyone)... admittedly road tax had run out (thought it ran til 31/07) and now have a penalty charge notice.
Thing is all it has on it is:
Notice number : WA13594034
My reg number
Date of Notice : 04/07/07 << tax was valid then
It also has a what looks like an X as a Signature.
There is nothing else on the ticket???
What can I do, is it possible to say its an illegal ticket because it hasn't been filled in properly and I haven't been told what the fine is???
Not trying to get out of it if its legit... just I ain't paying if its some bloody jobsworth trying to sting me for parking permit that they couldn't see (caught them in the act last time), then can't be arsed to fill out the form.
Any help much appreciated
Si
editted to say.... the system don't seem to find the ticket either suggesting its over 28 days old.... nope thats not true as I was showing it to a friend (view to buy earlier this month).
Thing is all it has on it is:
Notice number : WA13594034
My reg number
Date of Notice : 04/07/07 << tax was valid then
It also has a what looks like an X as a Signature.
There is nothing else on the ticket???
What can I do, is it possible to say its an illegal ticket because it hasn't been filled in properly and I haven't been told what the fine is???
Not trying to get out of it if its legit... just I ain't paying if its some bloody jobsworth trying to sting me for parking permit that they couldn't see (caught them in the act last time), then can't be arsed to fill out the form.
Any help much appreciated
Si
editted to say.... the system don't seem to find the ticket either suggesting its over 28 days old.... nope thats not true as I was showing it to a friend (view to buy earlier this month).
Edited by ProPlus on Tuesday 24th July 09:16
The Griffalo said:
Tax runs month to month so it couldn't have been valid on 4/7/2007 and not be valid now surely? Have you posted your dates incorrectly?
Paid tax 11/01 this year for 6 months.... mate checked and said it was valid (when he took it for test drive early July).More concerned the Penalty charge notice has no details on it than the fact the car has no tax (off road now) and will be taxed by myself or friend if he buys tonight.
supermono said:
[quote=ProPlusPaid tax 11/01 this year for 6 months....
So it runs out on the 31/6/2007. The day you taxed it within the month is irrelevant -- it's taxed month to month. Nice little scam.Are you sure it's not a tax out of date penalty?
SM
So essentially I don't know what the charge is.... asking for advice here first before ringing and paying of telling them to do one for not providing details of the offence that Im supposed to have committed.
Rob_J said:
I thought these days DVLA just automatically send out a fine for no tax or SORN notice, no need for ticket on the car.
If this is the case and OP has been booked as well br warden then there is a possibility of being "done" twice for the same offence?Edited by esselte on Tuesday 24th July 11:06
esselte said:
Rob_J said:
I thought these days DVLA just automatically send out a fine for no tax or SORN notice, no need for ticket on the car.
If this is the case and OP has been booked as well br warden then there is a possibility of being "done" twice for the same offence?Edited by esselte on Tuesday 24th July 11:06
ing hate them!!supermono said:
ProPlus said:
Paid tax 11/01 this year for 6 months....
So it runs out on the 31/6/2007. The day you taxed it within the month is irrelevant -- it's taxed month to month. Nice little scam.Are you sure it's not a tax out of date penalty?
SM
Sounds to me like the tax ran out at the end of June and the ticket is for not displaying a valid tax disk (Does parking permit require that the vehicle is taxed?)
black-k1 said:
supermono said:
ProPlus said:
Paid tax 11/01 this year for 6 months....
So it runs out on the 31/6/2007. The day you taxed it within the month is irrelevant -- it's taxed month to month. Nice little scam.Are you sure it's not a tax out of date penalty?
SM
Sounds to me like the tax ran out at the end of June and the ticket is for not displaying a valid tax disk (Does parking permit require that the vehicle is taxed?)
Nope - Your Excise Licence was out of date.
Parking Attendants cannot prosecute you for using without a current Licence but they can advise DVLA that they have seen one and DVLA can then take follow up action - Mags Court/fine/back duty.
DVLA will invoke an £80 fine during their monthly computor cull to see which vehicles have no Licence and have not been notified under SORN
I stand to be corrected having not seen a PCN Code for the offence committed of failing to display a current Licence that LA PA's cannot issue PCN as it has to be actioned by FPN or Mags Court which PA's cannot issue. I do understand that a Police Traffic Warden can do so.
Stated No PCN Contravention code/offence, time and date seen missing but date of issue present. Under sect 66 RTA 1991 a PCN Notice must have date seen and date of issue otherwise it is invalid. This was upheld in the case in Moses v Barnet Council [ 2003). See
http://www.tinyurl.com/yqv6fb
(Adjudicators Report 2006 - scroll down to 10the page)
Would appear you have two options - within 28 days of issue make representation to the LA that the PCN is invalid because of above and also no offence code or information of why it was issued.
Send photocopy of PCN and retain original as you best evidence. (Just wonder if duplicate submitted with all details on?). They will either accept and cancel the PCN or send a Notice of Rejection of Representation which will give details of how to take the matter further to the Parking Adjudicator,which from what stated seems a proper course of action, or
If the Penalty is not paid within 28 days LA will send out Notice to Owner asking for payment when the Representation sequence can again be invoked.
dvd
Parking Attendants cannot prosecute you for using without a current Licence but they can advise DVLA that they have seen one and DVLA can then take follow up action - Mags Court/fine/back duty.
DVLA will invoke an £80 fine during their monthly computor cull to see which vehicles have no Licence and have not been notified under SORN
I stand to be corrected having not seen a PCN Code for the offence committed of failing to display a current Licence that LA PA's cannot issue PCN as it has to be actioned by FPN or Mags Court which PA's cannot issue. I do understand that a Police Traffic Warden can do so.
Stated No PCN Contravention code/offence, time and date seen missing but date of issue present. Under sect 66 RTA 1991 a PCN Notice must have date seen and date of issue otherwise it is invalid. This was upheld in the case in Moses v Barnet Council [ 2003). See
http://www.tinyurl.com/yqv6fb
(Adjudicators Report 2006 - scroll down to 10the page)
Would appear you have two options - within 28 days of issue make representation to the LA that the PCN is invalid because of above and also no offence code or information of why it was issued.
Send photocopy of PCN and retain original as you best evidence. (Just wonder if duplicate submitted with all details on?). They will either accept and cancel the PCN or send a Notice of Rejection of Representation which will give details of how to take the matter further to the Parking Adjudicator,which from what stated seems a proper course of action, or
If the Penalty is not paid within 28 days LA will send out Notice to Owner asking for payment when the Representation sequence can again be invoked.
dvd
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