If the ticket is headed Parking Enforcement Notice and issued after 1.10.12 then it is under the new rule of "civil action contract recovery parking fee" under the Protection of Freedom Act 2012.
Had it been issued by the Council under statutory authority (off street parking Order,waiting restrictionTraffic Order etc) then it would have been headed Penalty Charge Notice. From what I can see however there is nothing to prevent Councils issuing a 'contract' ticket but not under PCN heading as two seperate and distinct law avenues are involved.
Under Section 56 Scedule 4 PoFA 12 'notice to driver' means a notice GIVEN IN ACCORDANCE with Para 7. Sub Para 2 (a) of this states - The Notice must specify THE VEHICLE.......... etc etc.( A similar requirement is present in relation to a PCN)
In stating the incorrect VRM then the Notice IMHO is not a valid Notice.
How does one deal with this?
Seems two options.
First write back to ACPOA in an appeal pointing out that their Notice at law is invalid (include PHOTOCOPY) therefore no charge can be made, or
Sit tight , do nothing, Keep ticket as evidence and await a County Court summons where one can plead the ticket was unlawful. I would presume, like under the old system, a plethora of paper work, none of which should be answered, with threats of action will result. The question being are they going to the time, cost and trouble to enforce an action through a County Court which has an obvious defect?????????
dvd
Edited by Dwight Van Driver on 22/10/2012 at 08:48
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