Press Notice 15 - LMAG legal advisor has Camden parking tickets declared unenfor
Date: Thursday, January 04 @ 12:58:24 GMT
Topic:
Franklin Price, solicitor of Jeffrey
Green Russell and legal advisor to LMAG, acting on behalf of Ms. Lisa Hyams has
had Camden’s manually issued Penalty Charge Notices (i.e. PCN or parking
tickets) declared illegal by an adjudicator of the Parking and Traffic Appeals
Service on 15 December 2006 (Case No. 206045033A).
The Adjudicator drew on a recent High
Court decision against the London Borough of Barnet (v Parking Adjudicator,
CO/3355/2006) where Mr. Justice Jackson ruled on that “It seems to me that
Section 66 [of the Road Traffic Act 1991] requires two dates to be shown on a
PCN. These are the date of contravention
and the date of the notice…If the statutory conditions are not met, then the
financial liability does not arise.
Accordingly, the requirements of Section 66 were not satisfied and no
financial liability was triggered either by the PCN or by any subsequent stage
in the process such as the notice to owner”.
The Adjudicator found that Camden’s “PCN does not comply with Section
66 of the Road Traffic Act and cannot be enforced”. This comment applies to all PCNs manually (as opposed to camera) issued
before 11 August 2006, when Camden changed the ticket. Camden should immediately stop any
enforcement action relating to all PCNs issued before 11/8/06 – anyone with such a PCN should
write immediately to the council and tell it to desist. We also recommend that motorists who received
PCNs before 11/8/06 consider whether to seek restitution based on
Judge Jackson’s clear view that “If the statutory conditions are not met, then
the financial liability does not arise”.
We have done that, and will go to the small claims court if the council
is obtuse.
Case No. 206045033A
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