Author Topic: Havering Council Notice to Owner received for contravention code 62  (Read 2287 times)

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My father received a Notice to Owner out of the blue yesterday from Havering Council for Contravention code 62 (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway). He doesn't even remember parking on the road in question on the day mentioned on the Notice to owner, however, he is 100% sure that he hasn't received any PCN since owning the vehicle (approximately 12 months) either on the vehicle itself or through the post.
What is even stranger is that the Notice to owner has no evidential photograph of my fathers vehicle committing the alleged contravention. It is a blank box as if there is no photo available.

After typing in the PCN number on the council website, there are no photos or video on there to see what he was supposed to have done wrong.

Where does he stand with this as he is a pensioner and there is no way he will pay the £140 that Havering are asking for when they could simply be trying their luck. In my eyes, the alleged contravention did not occur as there is no evidence or indeed a PCN for the council to rely on.

I have attached photos of the pages of the Notice to Owner.

Thanks in advance for any assistance.
« Last Edit: August 15, 2025, 07:31:55 pm by godders2025 »

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Re: Havering Council Notice to Owner received for contravention code 62
« Reply #1 on: »
You've blanked the PCN number and VRM - what are they. And the webcode.
« Last Edit: August 15, 2025, 07:56:12 pm by stamfordman »

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #2 on: »
Apologies, when I was a member of Pepipoo and requested assistance, I was always advised to retract any personally identifiable information. Is this not longer the case?

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #3 on: »
Only name and address need redacting. If everyone blanked the car VRM (on show in public right now unless you garage it) and PCN number we could not post videos and pics especially as we can sometimes get them more easily with the right system. If there is a sensitive reason we can take details by private message and blank plates but it's mostly unnecessary.


Re: Havering Council Notice to Owner received for contravention code 62
« Reply #4 on: »
Ah ok, that's fine. There's nothing sensitive so i'm happy to re-post the Notice to Owner, however I would prefer not to give out the web code on the public forum, if necessary I can provide via PM. After going back onto the Havering website and entering the webcode, it simply takes me to a page where I can pay or make formal representations, again however the photographs section is totally blank.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #5 on: »
I have drafted a formal representation regarding the Notice to Owner based upon there being no evidence of the alleged contravention.
If anyone could advise before I submit, that would be greatly appreciated.

I wish to make representations regarding the Notice to Owner that has been received in relation to PCN HG50125241 on the grounds that the contravention did not occur.
You state that on the 9th July 2025 at 15:15, a penalty charge notice was served by Civil Enforcement Officer HG1440 on vehicle BP13 UCA for allegedly being “Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway”, however, I have no recollection of a PCN being attached to my vehicle, and it was not handed to myself/the person in charge of the vehicle. The receipt of the Notice to Owner relating to this PCN is the first knowledge I have of the matter. Furthermore, the Notice to Owner and your parking website provides no photographic (or any other) evidence of my vehicle committing the alleged contravention. The Notice to Owner simply has a blank box with an icon signifying a broken weblink or image otherwise unavailable and although your parking appeals website has a photographs section, but it is also blank.

Your website: https://www.havering.gov.uk/parking-2/parking-tickets-traffic-fines/2, (Appeal against a parking ticket or traffic fine) has guidance referring to different grounds for challenging a PCN and the section relevant to myself “The PCN wasn't attached to the vehicle” states:

“Please make representation online and you will be able to view photos of the vehicle in contravention and see if the PCN was served to the vehicle.”
Please note that I cannot view any photographs or evidence as this section is blank

“The Traffic Management Act 2004 provides that a Penalty Charge Notice should be handed to the person in charge of the vehicle or fixed to it.”
I suggest that this PCN has not been correctly served in accordance with the Traffic Management Act 2004 as it was not given to the person in charge of the vehicle, nor is there any evidence of it being fixed to it. Based on the above, I request that the PCN be cancelled.


Re: Havering Council Notice to Owner received for contravention code 62
« Reply #6 on: »
Send me the webcode and I'll double check the site for pics.

 

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #7 on: »
The NTO says "The penalty charge must be paid not later than the last day of the period of 28 days beginning with the date of this Notice to Owner"

This is a TMA2004 NTO, so in that case the NTO should say ".....  period of 28 days beginning with the date this Notice to Owner was served", or very similar? Shouldn't it?

Mandatory information on the NTO is incorrect and misleading. The NTO is therefore defective.
« Last Edit: August 17, 2025, 07:17:49 pm by Enceladus »

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #8 on: »
Send me the webcode and I'll double check the site for pics.

Sent by PM

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #9 on: »
The NTO says "The penalty charge must be paid not later than the last day of the period of 28 days beginning with the date of this Notice to Owner"

This is a TMA2004 NTO, so in that case the NTO should say ".....  period of 28 days beginning with the date this Notice to Owner was served", or very similar? Shouldn't it?

Mandatory information on the NTO is incorrect and misleading. The NTO is therefore defective.

Noted. Thanks for pointing out this anomaly. I will investigate further.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #10 on: »
Give it a few days - trying to view pics usually triggers them to put them up.
There's no rush as NTO date 12 August.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #11 on: »
I have just been back on the havering PCN website and they have put a few pictures of the vehicle, complete with the PCN on the vehicle under the wiper so it would appear that someone had removed it for some reason as I doubt the wind would have been strong enough to allow it to fly away!

My dad is worried that relying on the Notice to Owner wording being incorrect may not be enough to get it cancelled. As part of representations, can we advise that we knew nothing of the PCN until the Notice to Owner and request they re offer the discount?

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #12 on: »
I have just been back on the havering PCN website and they have put a few pictures of the vehicle, complete with the PCN on the vehicle under the wiper so it would appear that someone had removed it for some reason as I doubt the wind would have been strong enough to allow it to fly away!

My dad is worried that relying on the Notice to Owner wording being incorrect may not be enough to get it cancelled. As part of representations, can we advise that we knew nothing of the PCN until the Notice to Owner and request they re offer the discount?
Yes, of course.

Re: Havering Council Notice to Owner received for contravention code 62
« Reply #13 on: »
Looks like footway parking is allowed or tolerated there so let's looks into this.

Havering has a policy of not reoffering the discount anyway but may do to settle this one.






Re: Havering Council Notice to Owner received for contravention code 62
« Reply #14 on: »
Apologies for the slow reply, I have been on holiday and this got overlooked upon my return.

I have looked on the Havering website and everything I can see on there indicates that footway parking is a no no, so I dont think the fact that other cars in the picture in the background will hold much weight at appeal.

If we base our formal reps on  the fact that we didn't receive the PCN on the car and ask for a discount, if they refuse then do we have to take it to the adjudicator or can we wait for the charge certificate to come and then have to file a witness statement to say that the original PCN wasn't received and then it gets reset back to the original amount?