Author Topic: H&F - Code 52M “Failing to comply with prohibition on motor vehicles” - Peterborough Rd & Clancarty Rd  (Read 1112 times)

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Unfortunately, I misunderstood the Notice of Rejection process. I incorrectly assumed that a Notice to Owner would follow,  so I did not appeal to London Tribunals within the 28-day period.

I have now received a Charge Certificate increasing the penalty to £240.

I contacted London Tribunals, who advised that because a Charge Certificate has been issued they can no longer accept an appeal unless the process is reset. They suggested contacting the Traffic Enforcement Centre (TEC).

I have since spoken to TEC and understand there may be a route to have the process reset, which would potentially allow me to appeal to London Tribunals.

Given the circumstances, and the fact that the council cancelled the second PCN arising from the same journey, would you pursue the TEC route and seek to restore appeal rights, or would you simply pay the £240?

Best if you read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

I'm assuming you submitted reps against the PCN, and then got a Notice of Rejection. This would have told you what you had to do (apart from paying), to take matters forward to the adjudicators.

So, as per above, you need to post the documents.

Hi Incandescent,

Thanks.

I've now uploaded:

Original PCN that has been rejected https://imgpile.com/p/qiywYYn
Notice of Rejection: https://imgpile.com/p/AvGexzE
Charge Certificate https://imgpile.com/p/YsFbxsY
Cancellation letter for the other PCN: https://imgpile.com/p/qLIiXKG

As I mentioned earlier, I misunderstood the Notice of Rejection and incorrectly thought a Notice to Owner would follow, so I did not appeal to London Tribunals within the 28-day period.

Since receiving the Charge Certificate, I have spoken to London Tribunals and TEC.

I'd appreciate any advice on what my next step should be.

The Notice of Rejection states your options clearly enough, in my opinion, so I'm not clear how you could have misunderstood.  A Notice to Owner is only sent out when no response is received, (payment or representations), for a PCN served at the roadside to the car or the driver.

The only thing I can suggest is to contact the council and ask them to cancel the Charge Certificate on the basis that you were expecting a Notice to Owner. Are you new to the UK or do not have a full knowledge of English ? This could help them give way and accept just the PCN penalty.