Author Topic: 31j - Entering and stopping in a box junction when prohibited. Surrey county Council, Guildford. Dennis Roundabout  (Read 339 times)

0 Members and 282 Guests are viewing this topic.

Just received the below PCN from Surrey County Council. This is a reminder, we didn’t actually receive the first letter, I presume in must have been lost in the post. I will of course address that but to get to the crux of it…

Is there any chance at all of getting out of this one? I understand that this yellow box brings in more cash than any other yellow box in the country so it seems unlikely. Yes, I understand that you shouldn’t stop in the box but it’s so frustrating when it’s the very back of the car.

PCN Images: https://imgur.com/a/guildford-surrey-county-council-pcn-9hGHtz3

Any help very gratefully received

Share on Bluesky Share on Facebook


It's not a reminder it's a charge certificate.

Under the process you can only get it overturned at debt recovery stage because you didn't get the PCN.

Are the name and address correct on the CC?



 

Yes. They are. I presume the first was lost in the post but because the first didn't arrive does that mean there’s no chance to contest the offence?

Yes. They are. I presume the first was lost in the post but because the first didn't arrive does that mean there’s no chance to contest the offence?

No, there is a specific process to follow in such cases which enables the enforcement process to revert to the PCN stage. I think this is the right guide
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-pcn/

(I thought the CC was meant to carry the name of the enforcing ACT at the top, rather than some Regulations, but others will confirm or otherwise.)

It is essential for the moment to concentrate on the reset process, which is somewhat convoluted, but leads to your being able to challenge the original PCN or to pay the original penalty. Only then need you turn to whether there are any grounds to challenge.

OP, just follow the reset procedure as posted.

And there's no specified format under the regs for a CC, all that's stated are the criteria....and SCC's CC misleads as regards their power to demand the surcharged penalty by issuing a CC. It's a convoluted issue in that whereas non-payment means the surcharged penalty is owing, this may not be demanded until the expiry of specified time periods, examples being:

Where an appeal has been registered, 28 days after an adjudicator has issued their direction; or

28 days beginning on the day a NOR is served...(which of course could then morph into an appeal)..etc..

@John U.K, oddly enough there's no requirement to include the regs or Act on any notices, but it seems to be universal practice.




@John U.K, oddly enough there's no requirement to include the regs or Act on any notices, but it seems to be universal practice.

Thanks. It's the 1st time I'd noticed the use of 2022 Regulations in the heading. Makes it difficult to advise which of @cp8759 's guides to use.