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Landmark win over parking ticket Landmark win over parking ticket
(10 minutes later)
A parking ticket appeal decision could mean Aberdeen City Council having to write off unpaid fines.A parking ticket appeal decision could mean Aberdeen City Council having to write off unpaid fines.
The Scottish Parking Appeals Service adjudicator ruled that a Penalty Charge Notice (PCN) placed on a car parked on Margaret Street in 2005 was invalid.The Scottish Parking Appeals Service adjudicator ruled that a Penalty Charge Notice (PCN) placed on a car parked on Margaret Street in 2005 was invalid.
He said the notice did not communicate "with certainty" the date of the PCN or the date on which it was issued.
The ruling could mean fines issued between 2003 and 2006, totalling more than £2.1m, may be unenforceable.The ruling could mean fines issued between 2003 and 2006, totalling more than £2.1m, may be unenforceable.
Scottish appeals adjudicator Peter Royds referred to an appeal upheld against Barnet Council in London last year, which ruled that tickets must display information in accordance with Section 66 of the Road Traffic Act 1991.
In February, Edinburgh wrote off £6.5m in unpaid fines after a previous decision by the adjudicator.In February, Edinburgh wrote off £6.5m in unpaid fines after a previous decision by the adjudicator.
In the latest case, the Scottish appeals adjudicator Peter Royds referred to an appeal upheld against Barnet Council in London last year.
'Potential uncertainty''Potential uncertainty'
He said that the penalty notice did not communicate "with certainty" the date of the PCN or the date on which it was issued. The adjudicator said this omission of the required information "created potential uncertainty" as to when the periods for payment of the penalty charge and the reduced penalty charge begin and end.
This information must be stated on the PCN under Section 66 of the Road Traffic Act 1991.
The adjudicator said this omission "created potential uncertainty" as to when the periods for payment of the penalty charge and the reduced penalty charge begin and end.
It is thought that tickets issued in Aberdeen, Perth and Kinross and Dundee over the same period may also have been invalid.It is thought that tickets issued in Aberdeen, Perth and Kinross and Dundee over the same period may also have been invalid.
Mr Royds ordered Aberdeen City Council, which hands out about 75,000 fines a year, to cancel the parking ticket.Mr Royds ordered Aberdeen City Council, which hands out about 75,000 fines a year, to cancel the parking ticket.
Legal adviceLegal advice
The council has 14 days to appeal.The council has 14 days to appeal.
A spokeswoman for Aberdeen City Council said it had not received a copy of Mr Royds's judgment and could not make any comment. A spokeswoman for Aberdeen City Council said it had not received a copy of Mr Royds's judgement and could not make any comment.
"The council is taking external legal advice," she added."The council is taking external legal advice," she added.
Six authorities in Scotland run their own parking patrol service - Aberdeen, Dundee, Edinburgh, Perth and Kinross, Glasgow and South Lanarkshire.Six authorities in Scotland run their own parking patrol service - Aberdeen, Dundee, Edinburgh, Perth and Kinross, Glasgow and South Lanarkshire.
The remaining 26 rely on police traffic wardens.The remaining 26 rely on police traffic wardens.