3. Hownslow PCN - no motor vehicles- 2 minutes
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Hownslow PCN - no motor vehicles- 2 minutes
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So the eldest has a PCN from Hownslow, went through a no motor vehicle restriction 2 minutes after it started (08:02, from 08:00) car has a manually set clock and he is sure it read 07:58 as he approached.

Will they offer discretion for 2m, any de minimis argument?

He’s a vet nurse and rushing urgent meds at the time otherwise he wouldn’t normally take the risk.

https://ibb.co/Sdw8BL4
https://ibb.co/z86q8BN
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #1 on: »
@Rookie

2 minutes might be touch and go. I've attached the precedent case.

Mike

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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #2 on: »
2 minutes is obviously a de minimis argument, and this has succeeded in the past, but by its nature, is subjective. However no harm in trying, and there are successful appeals on this.
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #3 on: »

Date of contravention: 16 March;
Date PCN issued: 18 April, deemed served Mon. 22 Apr.

Elapsed period contravention-service = 37 days.

6Limitation on service of penalty charge notice
(1)Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred.

IMO, on the face of it the PCN is void by virtue of being served outside the permitted period.

OP, is there more to this e.g. vehicle is hired/leased etc?
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #4 on: »
No he’s the RK, as it’s at our address (he was moving about a bit with his job) and we have the V5c here and have had 2 tax reminders and 2 previous PCN (both successfully contested)all served in time.
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #5 on: »
Served Out-of-Time means they cannot enforce it. So submit reps on this basis.
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #6 on: »
OK,thanks will do, I’ll probably add the de minimis as well just so they can use that as an excuse to cancel (councils not liking to admit mistakes).
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #7 on: »
Well the plot thickens, we can’t appeal this online as it claims an enforcement notice has been issued despite being well within the 28days from the date of receipt of the PCN, so will be appealing by post and adding that as an extra appeal point.
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #8 on: »
Quote from: The Rookie on May 02, 2024, 08:33:53 pm
Well the plot thickens, we can’t appeal this online as it claims an enforcement notice has been issued despite being well within the 28days from the date of receipt of the PCN, so will be appealing by post and adding that as an extra appeal point.
@The Rookie not sure how you reached that conclusion?



I would recommend you make the representation again via the website, and save a screenshot of the confirmation page.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #9 on: »
That button wouldn’t work for me, not sure why, postal appeal submitted.
Box also states charge certificate issued.
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Re: Hownslow PCN - no motor vehicles- 2 minutes
« Reply #10 on: »
Quote from: The Rookie on May 05, 2024, 04:34:05 pm
That button wouldn’t work for me, not sure why, postal appeal submitted.
Box also states charge certificate issued.
No it doesn't?



I'm starting to wonder whether maybe there's a problem with your computer?

I'd suggest you re-submit the representation online and grab a screenshot of the confirmation screen, just to be on the safe side. It's all well and good having proof of postage but you really don't want to have to go down the TEC route if it can be easily avoided.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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