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Case No: 224038612A submissions

The PCN

The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—

(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

Case here:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/haringey-52(m)-pcn-nor-help-(downhills-park-rd-n17)/msg54651/#msg54651

Please do not refer to it. Just send the submissions and say the other PCNs are disproportionate. You have to send reps. to each one though.

Not mitigation: contravention did not occur. (The website has issues too as they list no grounds - for later!)

The silly b*****s even sent a charge certificate after the case was won in the case cited!

@Hippocrates I got 3 rejection letters for these pcns saying they believe the PCN complies. Any advice? They have given 14 days to pay £65 etc or go to an adjudicator.
 

All the same date
See attached - removed the personal details

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I see you have @Hippocrates on the case .... wait for his advice, but do not miss deadlines. You have some more time before needing to respond.

4 (8) (v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

This is 28 days from the date of the notice. So they are confused. Also, they have cancelled 2 that I know of (one of my clients) so fairness comes into play. I say contest them both.

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

https://drive.google.com/file/d/13UPjZHWU0c4Dn15LwK1vhcJpCuqkBreb

Also, three is disproportionate of them to pursue.