Author Topic: Haringey PCN 52(M) Cornwall Road N15 LTN (Read 172 times)

ReflectoR · « **on:** February 11, 2025, 11:52:09 am »

My Father in Law recieved this PCN in the post. I did a bit of research on this forum and I found something similar and have written a draft appeal I'd like you guys to please check.

Here are the links to the back and front of the PCN:
Front: https://u.cubeupload.com/rtx/ZN15640627PCNfront.jpg
Back: https://u.cubeupload.com/rtx/ZN15640627PCNback.jpg

Here is my draft appeal:

I am appealing this Penalty Charge Notice (PCN) on the grounds of Procedural Impropriety.

The PCN incorrectly states the conditions under which the council may issue a Charge Certificate. It states:

"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 may be payable. We may then send you a Charge Certificate."

However, according to Schedule 1, Section 5 of the relevant legislation:

If a penalty charge notice is issued and remains unpaid at the end of the relevant period, the enforcement authority may serve a Charge Certificate, increasing the penalty charge by 50%.

The relevant period is defined as 28 days beginning from:
(a) the date of service of the penalty charge notice, if no representations are made under paragraph 1.

This issue has already been reviewed and decided upon by an adjudicator at London Tribunals in case reference 224038612A, regarding PCN ZN12830954. The adjudicator ruled that the PCN was invalid and ordered Haringey Council to cancel it.

Given this precedent, I believe that:
a) The penalty charge exceeds the amount legally due.
b) There has been a clear procedural impropriety.

On these grounds, I request that this PCN be cancelled and look forward to your confirmation of its cancellation.

Hippocrates · « **Reply #1 on:** February 11, 2025, 04:39:32 pm »

Quote from: ReflectoR on February 11, 2025, 11:52:09 am

My Father in Law recieved this PCN in the post. I did a bit of research on this forum and I found something similar and have written a draft appeal I'd like you guys to please check.

Here are the links to the back and front of the PCN:
Front: https://u.cubeupload.com/rtx/ZN15640627PCNfront.jpg
Back: https://u.cubeupload.com/rtx/ZN15640627PCNback.jpg

Here is my draft appeal:

~~I am appealing this Penalty Charge Notice (PCN) on the grounds of Procedural Impropriety.~~

The PCN incorrectly states the conditions under which the council may issue a Charge Certificate. It states:

"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 may be payable. We may then send you a Charge Certificate."

However, according to Schedule 1, Section 5 of the relevant legislation:

If a penalty charge notice is issued and remains unpaid at the end of the relevant period, the enforcement authority may serve a Charge Certificate, increasing the penalty charge by 50%.

The relevant period is defined as 28 days beginning from:
(a) the date of service of the penalty charge notice, if no representations are made under paragraph 1.

This issue has already been reviewed and decided upon by an adjudicator at London Tribunals in case reference 224038612A, regarding PCN ZN12830954. The adjudicator ruled that the PCN was invalid and ordered Haringey Council to cancel it.

Given this precedent, I believe that:
a) The penalty charge exceeds the amount legally due.
b) There has been a clear procedural impropriety.

On these grounds, I request that this PCN be cancelled and look forward to your confirmation of its cancellation.

This is better and simpler:

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

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;

******

I was the rep.

ReflectoR · « **Reply #2 on:** February 12, 2025, 06:12:44 pm »

@Hippocrates thank you.

So what I understand you want me to send what's below (will it be a problem since it would be the same as what others have sent?)

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;

Hippocrates · « **Reply #3 on:** February 12, 2025, 08:43:13 pm »

No problem.

ReflectoR · « **Reply #4 on:** February 12, 2025, 08:48:19 pm »

Sorry I just re-read what you posted. I didn't realise you edited my first response in the quotes.

Did you want me to use that edited version or what you posted in your actual reply?

Hippocrates · « **Reply #5 on:** February 12, 2025, 09:41:26 pm »

The edited as there in ground of procedural impropriety.

ReflectoR · « **Reply #6 on:** February 15, 2025, 01:41:24 am »

I've posted the appeal. Thank you for your help!!! I will keep this thread updated of course on the outcome. I posted the appeal below:

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;

This issue has already been reviewed and decided upon by an adjudicator at London Tribunals in case reference 224038612A, regarding PCN ZN12830954. The adjudicator ruled that the PCN was invalid and ordered Haringey Council to cancel it.

I request that this PCN be cancelled and look forward to your confirmation of its cancellation.

Hippocrates · « **Reply #7 on:** February 15, 2025, 10:57:04 am »

This issue has already been reviewed and decided upon by an adjudicator at London Tribunals in case reference 224038612A, regarding PCN ZN12830954. The adjudicator ruled that the PCN was invalid and ordered Haringey Council to cancel it.

There has been no review! But, they did send a charge certificate after the hearing!

ReflectoR · « **Reply #8 on:** February 15, 2025, 05:01:36 pm »

Ah. I see. So should I change it? Luckily I didn't send it, I posted what I posted, and was going to send it, but got distracted lol.

Should I send whats below then, exactly like that?

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;

Hippocrates · « **Reply #9 on:** February 15, 2025, 08:32:53 pm »

Verbatim as per my original play.

ReflectoR · « **Reply #10 on:** February 15, 2025, 09:30:20 pm »

Quote from: Hippocrates on February 15, 2025, 08:32:53 pm

Verbatim as per my original play.

I'm so confused lol.

But thank you.

Hippocrates · « **Reply #11 on:** February 16, 2025, 12:02:15 pm »

Quote from: ReflectoR on February 15, 2025, 09:30:20 pm

Quote from: Hippocrates on February 15, 2025, 08:32:53 pm
Verbatim as per my original play.

I'm so confused lol.

But thank you.

Sorry. I did Latin A Level (1970). Yes, I am two years older than one learned Adjudicator and we have chatted about this. Just send it - quid multa (to cut a long story short) - word for word.

The idea, in part, is to confuse the reader, too. Or certainly the software.

ReflectoR · « **Reply #12 on:** February 28, 2025, 10:18:56 am »

This makes some sense, but, I can't lie I'm none the wiser! (what's that in Latin?)

I sent the appeal off about 12 days ago as per your response.

Was checking my emails for a response when I saw a notification of a response on this forum.

I will keep you updated of course!

On a side note does Haringey usually respond via email or letters? If it's letters I need to tell my Father in Law to look out for one.

Thank you.

Hippocrates · « **Reply #13 on:** February 28, 2025, 11:10:23 am »

By letter.

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Author Topic: Haringey PCN 52(M) Cornwall Road N15 LTN (Read 172 times)

ReflectoR

Haringey PCN 52(M) Cornwall Road N15 LTN

Hippocrates

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ReflectoR

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Hippocrates

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Re: Haringey PCN 52(M) Cornwall Road N15 LTN

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Hippocrates

Re: Haringey PCN 52(M) Cornwall Road N15 LTN

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Re: Haringey PCN 52(M) Cornwall Road N15 LTN

Hippocrates

Re: Haringey PCN 52(M) Cornwall Road N15 LTN

ReflectoR

Re: Haringey PCN 52(M) Cornwall Road N15 LTN

Hippocrates

Re: Haringey PCN 52(M) Cornwall Road N15 LTN