Millions of pounds’ worth of parking tickets issued in Scotland between 2003 and 2006 could be declared invalid because of a lack of clarity over dates.
Road traffic law states that when penalty charge notices (PCNs) are issued, they must clearly display the date of the offence and the date the ticket is issued.
While this is usually the same date, sometimes tickets are issued after the offence. Clarity on these dates is important because they affect how long a driver has to pay the fine, and also when they can receive a discount for early payment.
Between 2003 and 2006 Aberdeen City Council (ACC) issued PCNs, which didn’t make this clear, and appeals against these tickets have already been upheld in favour of motorists by the Scottish Parking Appeals Service (SPAS).
In a recent judgement, SPAS adjudicator, Peter Royds, found in favour of a motorist against Aberdeen City Council, and referred to a landmark case against Barnet Borough Council from August 2006.
‘In the Barnet case, the court determined that if the PCN does not clearly state the date of the notice or the date of issue, the PCN is invalid, because this omission creates potential uncertainty as to when the periods for payment of the penalty charge and the reduced penalty charge begin and end,’ said Royds.
A spokesman for Aberdeen said the city council was seeking external legal advice on the ruling but there were concerns that if all similar tickets issued between 2003 and 2006 were successfully appealed against, the final bill for Aberdeen and other councils that used the same style of ticket could run into millions.
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