PCNs - are they legal & binding?

[frances1p]

Parking Contravention Notices (PCNs);

I wonder if you can clarify something for me in relation to PCNs and whether or not, they adhere to certain legalities in being issued to persons parked (or deemed to be parked ......) "illegally?". Must we pay them?

Having read an article recently, in which somebody had written at length all the 'illegalities' surrounding a PCN, which basically demands us to pay an amount of money, for having 'contravened certain parking laws/restrictions' imposed on us by the Local Council.

This article, seemed to suggest that the process is neither legal nor binding, as when the Council issues a ticket/writing to your home address requesting payment for such contraventions - you are not obliged to pay.

In order for a 'demand for payment' to have any clout, it must be in the form of a fine, which PCNs are not - so on receipt of such demands for unpaid penalty notices, it would not be unreasonable for you to return the notice to the Local council (issuer) clearly marked "return to sender" I have not entered into any contract with the Council in respect of this notice and therefore not liable for payment!?
The writer of this article (which went into a bit more detail) claims to have used this method of avoiding payment of such PCNs himself, which had been effective and gave the Council no basis for challenging the matter.

Are you aware of this forming a legal challenge against a PCN/Council, the whole basis seemed to be around the fact that a PCN is not a fine, you are not obliged to pay as you have not entered into a contract with them? Make sense??

Please advise, as this could prove interesting if there is any real legal basis to this?

Would be most interested to read your feedback!

Many thanks -

:gossip:

[leclerc]

Re: PCNs - are they legal & binding?

I have no idea why Amy is in Site Team at Legal beagles cos she must write useless unintelligible and clearly unreadable guides. When Amy reads this part of the post I am going to hide
eep:

Parking Fine Guide - Legal Beagles Consumer Forum

Personally I think you should tell her openly that what she writes is completely irrelevant and not even in any section, like bailiffs, where it will clearly be seen and read :o

[Caspar]

Re: PCNs - are they legal & binding?

I guess the site or article you were reading related to Common Law which is massively abused. I would take anything you read about common law with an enormous pinch of salt until such time as you have read enough to really know what you are talking about.

They claim a lot of things can be done using your rights as a freeman, but they don't point out the hundreds, probably thousands of downsides to doing this.

Technically they may have some ground to stand on, but in reality you park on a double yellow and write back with return to sender written on the envelope (they normally suggest No contract - return to sender) and see what happens to you.

I've read the same article several times, and I'm afraid all it does it encourage those who know very little about the area of common law to get into quite serious trouble. There are multiple implications of doing what is suggested in this article. I'm not going to go into them here, just trust me - it's not a good idea!

[WendyB]

Re: PCNs - are they legal & binding?

There is a difference between Penalty Charge Notices and Parking Charge Notices (or Parking Contravention Notices). As you will be aware once you have read Amy's excellent guide posted up by Leclerc in post #2.

Parking Fine Guide - Legal Beagles Consumer Forum

Parking on double yellows would normally get a ticket issued by the Council (the good old Traffic Warden, Parking Warden or Civil Enforcement Officer, as my Council calls them) which you must pay, unless you appeal it successfully.

[Caspar]

Re: PCNs - are they legal & binding?

I can understand why the OP posted this as it is widely available under Common Law searches on the internet, but I don't suppose the guide addresses the Common Law stance and quite rightly too - hence my post.