I appreciate for many “No Penalty Charge Notice Code For Camping” will mean nothing but for thousands, this has great significance. There is no short explanation so to gain an understanding the following will need to be read and understood.
For a Council to issue a Penalty Charge Notice (PCN/Parking Ticket) four aspects are required:
- An Off-Street Parking Order (OSPO) or a Traffic Regulation Order (TRO)
- Evidence of a contravention of an OSPO or TRO
- A PCN Code
If any of these four aspects are missing no PCN can ever be enforced.
- An Off-Street Parking Order (OSPO) or a Traffic Regulation Order (TRO) – These are legal documents stating what can and cannot be done. An OSPO is for Car Parks. A TRO is for the Highway. A Freedom of Information Act request for the relevant Order to those who issued the PCN can be made for a copy of the relevant Order.
- Evidence of a breach of an OSPO or TRO – With no evidence there is no case. All evidence held can be requested by submitting a Subject Access Request to those who issued the PCN.
- Signage – In Car Parks, this must demonstrate the contravention you are alleged to have committed. On the Highway, any sign MUST be contained in the TSRGD and demonstrate the alleged contravention you are alleged to have committed.
- A PCN Code – A PCN Code must be given for every PCN issued. There are various codes for Car Parks and the Highway.
No PCN Code For Camping
Despite the fact that no PCN Code exists for “camping” many Councils have OSPO and TRO stating:
In addition, there is no sign contained in the TSRGD that applies to “camping”.
The result is that Councils have wasted and continue to waste a fortune in an attempt to prevent “camping” by the use of intimidation.
A prime example of this is Scarborough Borough Council (SBC) who recently erected meaningless signs at the Sealife Centre banning Overnight Camping
All the PCN issued and paid for in relation to “camping” should be reimbursed.
Ironically SBC have had an OSPO in place since 2012 banning “camping” in their 69 car parks despite the fact that no PCN Code exists for “camping” and thus the OSPO is fundamentally flawed.
It looks like Lisa Dixon, SBC Director of Legal & Democratic Services has yet again failed to understand the legal profession that she is paid so well to understand.
In tribute to Barbara Windsor, the message in such situations is clear:
Appeal any PCN issued for “camping” as there is no PCN Code for “camping” and CARRY ON CAMPING!
- Parking – Appealing a PCN (click on the link to read)
- The Borough Of Scarborough Off Street Parking Places Order 2012 (click on the link to read)
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