Free Traffic Legal Advice

The PCN is invalid. Back in a moment.  I won a case on this very recently:

https://drive.google.com/file/d/1mq9MAnLdByhCxR5IzpKhvDT7LKlTOHUJ/view

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/haringey-52(m)-pcn-nor-help-(downhills-park-rd-n17)/msg54378/#msg54378

Use this:

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;

In light of the above, please cancel.

*************

I am happy to represent you should they reject.

No worries: most laws are hard enough to understand but this one is an exception!

It should say that payment should be made by the date of the notice. The corollary is that they have also not stated that they may issue a charge certificate unless you make reps. from the date of service.

If you fail to pay the Penalty Charge during the 28 day period indicated, or to make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £195 may be payable”.

Even better would be a full recital of the 2 different periods for payment and for making representations.

Let's deal with each one and cross each bridge at the appropriate time. The others would be classed as disproportionate most likely. But, you must make reps. against each one separately.

Put in the same and explain that the issue of several PCNs is disproportionate for what is essentially a repeated alleged contravention.  I am helping another member who has 8.

@cp8759 Much appreciated!

@Hippocrates Morning,  i think this might be all of the PCN's - 6 in total!

https://drive.google.com/drive/folders/1dFtYSn6Qn7v-zrc2fyYzog1E_MOn-Dzi?usp=sharing

@Hippocrates Is their following text without proper spacing not enough in itself to void the PCN's?

"OR, if you believe you have good reason not to pay the penalty charge, you should write to us explaining why (seerepresentationssectionoverleaf).Althoughtherearespecificlegalgroundsformakingrepresentations,we will consider exercising or discreation..."

also 'may be' is spelled "maybe"?

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So i'll paste the following into the rep online for all 7 (theres a total of 7 listed online on the payment page). 

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 seeking payment of this increased amount.” 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;

In light of the above, please cancel.

@Hippocrates hi sorry to keep pestering you!  Should i appeal the first one and see what happens or should i just appeal them all?

You must make representations against all of them and individually. No worries.

@Hippocrates

Im pasting the text you said, nothing needs entering or amending, just paste in as is and tick "mitigating circumstances"? 

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 seeking payment of this increased amount.” 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;

In light of the above, please cancel.