Penalty Charge Notice

Yesterday I revealed how Local Authorities (LA) should issue a Notice To Registered Keeper instead of a Notice To Owner. Notice To Owner (NtO) is Stage 2. Stage 1 is the Penalty Charge Notice (PCN) which most motorists receive on their windscreen. It appears that all LA are also making false statements on PCNs.

Who Owns Your Vehicle?

Registered Keeper

My vehicle is owned by a Finance Company. If the Finance Company did not own it who would? Perhaps the owner would be me, my wife, a business of mine, my neighbour or a friend.

  • It is impossible for a LA to know who owns any vehicle and
  • There is no legislation that forces a Registered Keeper to inform a LA who owns the vehicle which they are the Registered Keeper of.

Based of these facts let us consider PCNs issued by two LA.

Scarborough Borough Council (SBC)

The extract below is from an SBC PCN.

SBC

This PCN is itself a Procedural Impropriety as the following are false statements:

  1. “… the Enforcement Agency may serve a Notice to Owner (NtO) on the owner of the vehicle requiring payment of the penalty charge …” – False. The Enforcement Agency, read LA, read SBC have no powers to do this.
  2. “… the owner must follow the instructions on the NtO” – False. The NtO is not issued to the owner so it is impossible for the owner to follow the instructions.

East Riding of Yorkshire Council (ERYC)

The extract below is from an ERYC PCN.

ERYC

This PCN is itself a Procedural Impropriety as the following are false statements:

  1. “…may serve an NtO on the owner of the vehicle ..”  False. ERYC have no powers to do this.
  2. “… the owner must follow the instructions on the NtO” – False. The NtO is not issued to the owner so it is impossible for the owner to follow the instructions.

Email To Patrol

From: Andy Strangeway

Sent: Saturday, December 19, 2015 6:13 PM

To: info@trafficpenaltytribunal.gov.uk

Subject: Procedural Improprieties – Penalty Charge Notice

Dear Sir/Madam,

Could I please refer you to  https://andystrangeway.wordpress.com/2015/12/19/penalty-charge-notice/

As all PCNs appear to be fundamentally flawed, which has resulted in millions of Procedural Improprieties, could you please inform me:

  1. When you will advise all Local Authorities of these Procedural Improprieties?
  2. How you will advise Local Authorities to refund the millions of fundamentally flawed NtOs?

Kindest Regards,

Andy Strangeway

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