PCN, advice please (Yes another one!)

[oldsoak]

My son recently received a PCN in the Controlled Parking Zone in Howden East Yorkshire.
Following advbice on this and other sites,I have determined that the road markings around the bay are illegal (not conforming to the DFT markings as per 1028.4 and have therefore challenged the validity of the PCN as per http://web.mac.com/rmbscarb/iWeb/rmbconsulting/Mak...

Now having sent off the appeal letter to the Council some three weeks ago,(I also lodged an appeal via their PCN appeals section of their website) I had no response until this morning when they sent a letter asking I confirm the name and address of the driver at the time of the alleged parking infringement.
Warning that failure to do so would attract prosecution under Section 112(4) of the Road Traffic Act 1984
(They seem to be ignoring the appeal letter (and all it entailed)
Am I correct in believing that I do not have to fill out and return this form as I would if the ticket had been a follow up to non payment of a FPN and not a PCN?
edit for spoolling

Edited by oldsoak on Saturday 1st December 12:31

[esselte]

Section 112 of the RTA is about HGV divers?
Section 112 of the RTRA is about naming drivers I think..

[oldsoak]

In the Heading of the letter is written...
"SECTION 112(4) OF THE ROAD TRRAFFIC REGULATIONS ACT 1984 OFF STREET/ON STREET PARKING PLACES ORDER STANDARD CHARGE NOTICE (PCN number deleted by me)"


quote....
If you fail to supply the information required in this letter you may be liable to prosecution under Section 112(4) of the Road Traffic Act 1984 and on conviction may be fined up to £1000. The information provided by you may be given in evidence if proceedings are taken against the driver of the vehicle.
unquote...

It then gives another opportunity to pay up..(as if that is gonna happen!)

Just would like to know if my son must to send the details they ask for on the pain of a failing to identify the driver type charge a'la a NOIP?

edit due to a smiley forcing its way into the formatting!

Edited by oldsoak on Saturday 1st December 14:54

[Dwight VanDriver]

Under said Section 112 Road Traffic Regulation Act 1984
the Local Authority, where a parking infringement has taken place under Section 47 RTRA 84 ( appears to cover what stated)then they have the authority under Sect 112 to ask of the Regd keeper of the vehicle the details of the driver. Offence not to comply - Max fine £1000.

In a nut shell if the signing is being disputed then if PCN not paid, LA send Notice to Owner about the offence. Owner responds with his appeal. LA then either accept and drop or send Notice of Rejection. This will set out how to take the appeal further to an independent Parking Adjudicator for his final consideration.

dvd

[oldsoak]

Dwight VanDriver said:

Under said Section 112 Road Traffic Regulation Act 1984
the Local Authority, where a parking infringement has taken place under Section 47 RTRA 84 ( appears to cover what stated)then they have the authority under Sect 112 to ask of the Regd keeper of the vehicle the details of the driver. Offence not to comply - Max fine £1000.

In a nut shell if the signing is being disputed then if PCN not paid, LA send Notice to Owner about the offence. Owner responds with his appeal. LA then either accept and drop or send Notice of Rejection. This will set out how to take the appeal further to an independent Parking Adjudicator for his final consideration.

dvd

Thanks DVD...if I understand correctly...
My lad needs to declare the details as per request and enclose a copy of his appeal letter that states the reason(s) why he is challenging the PCN?

[TVR 3X]

There was no driver if the vehicle was parked!

[Dwight VanDriver]

In this case required by law to declare.

Re no driver - parked. Under the law on decriminalised parking the Reg Owner is held responsibile unless a driver is elected.


dvd

[Uncle Wonko]

I'm not sure if Howden falls within a decriminalised parking area, but if your son did not receive a PCN from a police officer, then no offence has been committed.

Even if he did, there was no driver and thus section 172 does not apply.

For more information and details on how to avoid being subject to the soon to follow bullying enforcement proceedings, visit our site at www.fair-parking.co.uk

[oldsoak]

Uncle Wonko said:

I'm not sure if Howden falls within a decriminalised parking area, but if your son did not receive a PCN from a police officer, then no offence has been committed.

Even if he did, there was no driver and thus section 172 does not apply.

For more information and details on how to avoid being subject to the soon to follow bullying enforcement proceedings, visit our site at www.fair-parking.co.uk

[b]"Controlled Parking Zones (CPZ), which are enforced by Council Parking Wardens, are now in place in parts of Beverley, Bridlington and Howden.

The CPZ restricts long stay parking in residential areas to permit holders. Permits are primarily only available to residents living within the zone and their visitors, however, exceptions are made for contractors and carers working within the CPZ.

All other on-street parking areas, apart from pay and display areas, are under the jurisdiction of the police and are patrolled by their traffic wardens. The council is unable to offer assistance with parking fine tickets that have been issued by traffic wardens.
"[/b]

So YES, Howden falls within a decriminalised parking area, and the PCN was issued by a council 'wasp'...

Edited by oldsoak on Sunday 2nd December 23:26

[Uncle Wonko]

Don't doubt what you say as I don't know the area that well, but if that part of East Yorks has official decriminalised parking then the police should not be involved as the purpose of the Act was to allow the Council to take complete authority for all parking.

Suggest that you email me on [e-mail] if you want to take up options