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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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Is it required that a Penalty Charge Notice should be signed

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Is it required that a Penalty Charge Notice should be signed by the issuing Civil Enforcement Officer? We are disputing a PCN issued by North Devon Council. We (my partner and I) paid £3 to park in Barnstaple, displayed the ticket on the dashboard but the CEO (Traffic Warden to us) apparently could not see it but appeared to be fixated on an expired permit (2yrs out of date!) which we had not bothered to remove from the stick-on pocket on the windscreen. We appealed to the council by letter but it was rejected. we have receved the Adjudicator appeal papers and looking through the paperwork, I have just noticed that the PCN has not been signed by the Issuing Officer, hence the question.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
There is no obligation to sign a PCN to validate it. It does no more than identify the issuer of the PCN.
In any event, the truth is that most Adjudicators would find this a de minimis breach and ignore it.
There has been some very damaging caselaw in relation to parking adjudications that allows Adjudicators to find that Councils have predominantly complied with the requirements and so validate an apparently invalid fine. In fact, it doesn't change much because they could always find an objection de minimis anyway but the fact of recent case law does have the effect of reminding them of their power to do so.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please let me know if you need more information.
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