Hello to all
It appears that the other site where I first put the topic cannot be reached !
So some internet searching brought me here I hope I can be helped
Original enquiry
I am dealing with a pcn yellow box junction on Welling high st borough of Bexley
I am looking at past cases regarding the wording of the pcn
http://forums.pepipoo.com/lofiversion/index.php/t114766.htmlhttp://forums.pepipoo.com/index.php?showtopic=120129&st=20Consensus is that according to the London Local Authorities and Transport for London Act 2003
(8)A penalty charge notice under this section must—
(a)state—
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
The wording for pcn by Bexley council see attached
The penalty charge notice must be paid not later that the last day of the period of 28 days beginning with the date of service of this notice ( considered to be two postal days after the date of this notice)
My question is does the bit in brackets negate the way of dealing with this in the past referencing patas 2160496258 2170013703 2180111742
I saw on previous pcn notices to others that the bit in brackets was not on their pcn
If still valid reason would I put it under "The penalty charge exceeded the amount applicable"
Thanks in advance
https://www.flickr.com/photos/34099364@N03/53554059410/in/datetaken/https://www.flickr.com/photos/34099364@N03/53553809838/in/datetaken/https://www.flickr.com/photos/34099364@N03/53553611431/in/datetaken/https://www.flickr.com/photos/34099364@N03/53553809828/in/datetaken/https://www.flickr.com/photos/34099364@N03/53553950719/in/datetaken/I received some replies and put in a representation
I make these collateral challenges against the PCN:
1. It wrongly states the period in which to pay. The Notice statement with regard to the increase of the penalty charge by 50% is referenced to the date of service rather than the date of the notice and the same regarding the 14 day discount period.
2. The taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances or, indeed, make an insurance claim.
In light of these substantial departures from the statutory framework, the PCN is unenforceable.
Please cancel the PCN forthwith.
I have since received a reply from council
https://www.flickr.com/photos/34099364@N03/53678450309/in/datetaken/https://www.flickr.com/photos/34099364@N03/53678282923/in/datetaken/Do I have a case? or is it better to pay up as the legalese I find quite baffling
