Author Topic: 2 Year old PCN. Can I appeal it?  (Read 1211 times)

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2 Year old PCN. Can I appeal it?
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Hi,

I received a PCN by Ealing Council for a contravention (Date of offence 24/09/2021 15:01) for entering a pedestrian zone during the hours of operation.
Here!

The PCN came a few weeks later saying it had gone up as I didn't pay within 14 days, when in fact I hadn't received the original PCN so I couldn't pay it at a discounted rate.

I appealed on their website (Date of Appeal 16/11/2021 10:13) and got screenshots of this (attached) and told them to send me the original PCN so I can pay the discounted rate, but never heard back from them for over a year, when they told me it has now gone up to £195.

Long story short, it went to TEC, who got them to reset it back to the original amount of £65.




My question.

It has been just over 2 years since the date of the contravention. Do I have any grounds to appeal it and get it cancelled as it has been so long?

Many Thanks
Hama

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Re: 2 Year old PCN. Can I appeal it?
« Reply #1 on: »
Quote
Long story short, it went to TEC, who got them to reset it back to the original amount of £65.

My question.

It has been just over 2 years since the date of the contravention.


As I wrote at PPP

There seems to be a gap here? Have you been served a fresh PCN?
A detailed timeline, with dates, would be helpful.

Re: 2 Year old PCN. Can I appeal it?
« Reply #2 on: »
The delay should be fatal but we need to see all and i mean all documents from the council and from TEC

Re: 2 Year old PCN. Can I appeal it?
« Reply #3 on: »
+1
No good without documents, if you're going for an appeal based on long elapsed time from original PCN and reps.
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Re: 2 Year old PCN. Can I appeal it?
« Reply #4 on: »
Thanks for your relies.
I have attached the docs as request. I have only few days before the discount is gone.


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Re: 2 Year old PCN. Can I appeal it?
« Reply #5 on: »
and the last attachment

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Re: 2 Year old PCN. Can I appeal it?
« Reply #6 on: »
You've shown a PCN. Please explain how that is?

Re: 2 Year old PCN. Can I appeal it?
« Reply #7 on: »
What date did you receive the PCN that you have posted

Re: 2 Year old PCN. Can I appeal it?
« Reply #8 on: »
What date did you receive the PCN that you have posted

Also plesae post the letter from TEC revoking the CC
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Re: 2 Year old PCN. Can I appeal it?
« Reply #9 on: »
I have attached the docs as request. I have only few days before the discount is gone.
Forget about the discount, as long as you follow our advice you will not be paying a penny. In cases like this, I'm amazed more people don't tell the council to go and put their discount where the sun doesn't shine.

As Pastmybest says, post up the revoking order from TEC.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: 2 Year old PCN. Can I appeal it?
« Reply #10 on: »
Am afraid I don't have the TEC Letter. I most likely have misplaced it.

Re: 2 Year old PCN. Can I appeal it?
« Reply #11 on: »
The delay somewhere along the line should lead to cancellation at the tribunal. I am happy to represent you - the Ealing team know me well. Email unredacted copies of everything to mrmustard@zoho.com
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: 2 Year old PCN. Can I appeal it?
« Reply #12 on: »
I managed to find the TEC letter along with another letter from ealing.

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Re: 2 Year old PCN. Can I appeal it?
« Reply #13 on: »
I would also have made the same offer but take Mr M up as he is far more experienced than me

Re: 2 Year old PCN. Can I appeal it?
« Reply #14 on: »
Thanks for the help and support. Much appreciated.
I will get those documents sent over by email.

In the mean time, do I have to do anything in terms of telling Ealing council I wish to appeal?
and also what are the chances for winning/losing the case?

sorry about the noob question, I am not too familiar with these things.