3. Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
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Author Topic: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection  (Read 1895 times)

Martyn21uk and 16 Guests are viewing this topic.

Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #15 on: »
That history actually helps you, because although moving traffic PCNs under the 2003 Act do not carry the 56-day statutory response limit that applies to parking cases, London Tribunals say an authority should normally respond within 3 months, so evidence that Brent answered similar cases in 75 days and even within a month in 2023 makes it harder for a council to dress up a 131-day delay as due diligence rather than simple unreasonable delay.
« Last Edit: March 31, 2026, 03:14:39 am by Ex CPS here »
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Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #16 on: »
You know who acted with due diligence in and in a timely manner recently? Transport for London. Last week I appealed a box junction PCN, they accepted my appeal in 23 hours and 52 minutes. That has to be some kind of world record for them.
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Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #17 on: »
Unrelated to this PCN, but is a Council also required to act with due diligence and in a timely manner in regards to registering the debt with the TEC after issuing a Charge Certifcate?

We received a Charge Certificate October 16 2024 for a PCN we didn't receive. This year they started sending letters offering us an extra-statutory reduced charge of £65. But I want to submit a Witness Statement saying we didn't receive the PCN, and eventually appeal the PCN once it has been reissued.
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Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #18 on: »
One case one thread.
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Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #19 on: »
Fair enough. Just to clarify though, which appeal grounds am I choosing here (a pcn issued under the LLA and TfL Act 2003) for appealing to London Tribunal for unconscionable delay?
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Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #20 on: »
You have posted:
I received a Notice of Rejection to a PCN I appealed 130 days ago.

The driver has misunderstood directions given

And, in the context of a different PCN, We received a Charge Certificate October 16 2024 for a PCN we didn't receive.

So, as you weren't the driver what weight would the adjudicator give to the issue of signage - as it appeared to the driver in real time- as opposed to just looking at the council's 'cold light of day' video and photos?

This question probably doesn't need to be asked, but I will...are you the person to whom the PCN was addressed or are you a corporate entity? If the latter, then do you have the addressee's authority to submit an appeal?

More info about a company background could help IMO.

For example, IMO if you should try to give the adjudicator some real practical and operational background rather than just go in cold with your 'unconscionable' argument.

If it applies maybe.......

***** is a haulage company which operates X vehicles from ** to ** tonnes. Such an activity in London invariably includes the risk of poor directions from clients in combination with what appears to us to be a proliferation of useage restrictions on main access roads. Consequently, being served with PCNs is not an unknown. We make every attempt to deal with these within procedural time frames and could at any time have one or more PCNs in various stages of enforcement.
Dealing with these is not a full-time establishment post within the company but recently has been taking up more of our time as authorities' responses, when strict regulatory limits do not apply, seem to be taking longer. This makes effective management more difficult and could even lead to drivers and authorised persons concerned having left.

....

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Re: Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection
« Reply #21 on: »
I took on board what you said and this is my draft atm
Appeal Letter - London Tribunals - redacted.pdf
Google Docs · drive.google.com


And I'm presuming I go with "The contravention did not occur" as the grounds of appeal.
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  3. Hammersmith & Fulham PCN - 130 Days to respond to Appeal - Issued Notice of Rejection