3. Ealing PCN - 53J - High Lane, Hanwell
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Ealing PCN - 53J - High Lane, Hanwell
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Hello all,

PCN: https://imgpile.com/p/YKD89Bs
GSV is 5 years old in the area and shows completely different restriction times.

My mum has received this in the post. She’s completely bang to rights on the offence even if it is only 5 mins.

I’ve had a brief look for any procedural issues on the PCN, however, can’t find any. Wondering if another set of eyes can see something before she gives this money hungry council any money.

TIA


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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #1 on: »
Is this the location ?
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If it is, please tell us the revised times please.
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #2 on: »
Yes, that’s the road it’s as follows

SS19 Mayfield Primary School, High Lane, Hanwell, W7 3RT. Times:
8.30 - 9.15am and 2.30 - 3.30pm
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #3 on: »
Any reason for entering within the restricted times ? 5 minutes in would not be considered de minimis, I'm afraid. In addition to the restriction signs, they have put up a warning sign for those thinking of turning right off Mayfield Gardens.
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PCN looks kosher to me. However don't just cough-up the discount. Submit reps on the lines of "awfully sorry, thought I was outside the restricted times, only 5 minutes into the restriction etc; i.e don't be confrontational in any way. They will re-offer the discount if/when they reject the reps.
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Re: Ealing PCN - 53J - High Lane, Hanwell
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The reason was she was viewing a house as we’re currently waiting for court documents to come after receiving a section 21.

I’ve attempted to get Ealing Council to use their discretion before when I got a parking ticket outside my house after spending the whole night in A&E. I don’t have a permit because I’m usually at work at times of enforcement. They didn’t even acknowledge my reps and simply said I was observed by a CEO parked without a permit.

I will try at the very least because at least it will give her a little extra time to pay. Will probably write up the reps and submit on the last day to give even more time.

Thanks for the advice
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #5 on: »
My mum just reminded me that she hasn't heard back from ealing council regarding this.

I've had a look at the PCN on the system and it says that a NTO has been sent, I'm assuming this is the inital fine received through the post. No Rejection of reps or anything from the council?

I would assume it would be taken off the PCN system if there was an acceptance of reps. Should I chase it up or wait?
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #6 on: »
Quote from: beedmo on Today at 08:03:16 am
My mum just reminded me that she hasn't heard back from ealing council regarding this.

I've had a look at the PCN on the system and it says that a NTO has been sent, I'm assuming this is the inital fine received through the post. No Rejection of reps or anything from the council?

I would assume it would be taken off the PCN system if there was an acceptance of reps. Should I chase it up or wait?
How long since the reps were submitted ?
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #7 on: »
Quote from: Incandescent on Today at 10:20:38 am

How long since the reps were submitted ?

I don't have an exact time of them being submitted but they were submitted in the 28 day window. The system is showing add further information in place of challenge. The end of the 28 days to submit reps would be 30th March.

I believe you're getting at the 56 day statutory requirement to reply. If reps were submitted at the latest date - they were submitted much earlier - the latest they could reply would be 25th May.

Have I got that right?
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #8 on: »
I'm no expert but the fact that the letter says "date of notice" being when the clock starts ticking for the discount, instead of date of SERVICE of the notice, means that the letter is non-compliant i believe.
The law allows for a discount. They can't be reducing the length of time you have. "Date of service" is a legally defined concept. Good luck
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Re: Ealing PCN - 53J - High Lane, Hanwell
« Reply #9 on: »
Quote from: beedmo on Today at 12:01:05 pm
Quote from: Incandescent on Today at 10:20:38 am

How long since the reps were submitted ?

I don't have an exact time of them being submitted but they were submitted in the 28 day window. The system is showing add further information in place of challenge. The end of the 28 days to submit reps would be 30th March.

I believe you're getting at the 56 day statutory requirement to reply. If reps were submitted at the latest date - they were submitted much earlier - the latest they could reply would be 25th May.

Have I got that right?
No, not quite
The 56 days is the mandatory response period for formal reps against a Notice to Owner under the Traffic Management Act, so doesn't apply to your mum's PCN which is under the LLA & TfL Act 2003

However, London Tribunals have made clear that delays of more than 3 months in replies to formal representations ca be considered unfair and grounds for cancellation of a PCN unless the authority have a very good reason.
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