Author Topic: Lambeth PCN 53j – Disability Emergency + Didn’t Receive Original PCN  (Read 420 times)

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Hi, I’m looking for help to get a Lambeth PCN cancelled (contravention 53j – entering a pedestrian zone / School Street).

PCN 1 – Wyvil Road
Time of entry: 15:21

Restriction: 14:45–15:45

I am a Blue Badge holder and have a local borough resident parking permit

I had a sudden and urgent flare-up of a chronic medical condition, which meant I needed immediate access to the nearest toilet

It was a disability-related emergency (evidence of condition but of course not specific incident)

I have already submitted an appeal and I’m waiting for the outcome

PCN 2 – Different School Street
I received ONLY one letter at the escalation stage last week and doubled to £280 dated the week prior

Time of entry: 15:21

Restriction: 14:45–15:45

This is the first and only notice I received — I did not get the original PCN

Letter says if I don’t respond within 14 days they may increase the charge and apply to Northampton County Court so i need to respond basically TODAY

Alleged time: 15:11

Same urgent situation as above (chronic condition flare-up)

What I need help with
How do I get the second PCN reset or cancelled since I never received the original notice?

Is a disability-related emergency a strong enough reason for cancellation because its again 10 days later different street same council?

Should I use the same explanation for both PCNs?

Am I still within the time limit to appeal the second one?

Any guidance on wording or next steps so I don’t make mistakes?

Notes
I can provide my Blue Badge and Lambeth permit

I can also provide general proof of a chronic medical condition without disclosing specifics

I am not trying to avoid rules — the situation was unavoidable and urgent

Thanks very much for any guidance — I’m quite stressed and want to make sure I do this properly.

Thanks

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Re: Lambeth PCN 53j – Disability Emergency + Didn’t Receive Original PCN
« Reply #1 on: »
Letter says if I don’t respond within 14 days they may increase the charge and apply to Northampton County Court so i need to respond basically TODAY

So pl post the second letter pl ASP,  I've no idea what this is.

Max. penalty is £160 which when surcharged goes to £240.

You posted £280!

Re: Lambeth PCN 53j – Disability Emergency + Didn’t Receive Original PCN
« Reply #2 on: »
Apologies new to the forum - https://imgpile.com/p/mlAwaol

Re: Lambeth PCN 53j – Disability Emergency + Didn’t Receive Original PCN
« Reply #3 on: »
As regards PCN 1, you've made reps so all you can do is to wait for their reply.

As regards PCN 2, you now have a Charge Certificate which you cannot appeal. Your only options are to pay or wait for the next notice which is an Order for Recovery. The following would apply:

Where an Order for Recovery has been made, liability for the penalty can then only be challenged in the following circumstances:

You did not receive the Penalty Charge Notice in question; or
You made representations to the Enforcement Authority concerned but did not receive a Notice of Rejection from that authority; or
You appealed to the adjudicator against the rejection by the Enforcement Authority of your representations but had no response to the appeal.
If, and only if, one of these applies, you may make a statutory declaration.

The completed statutory declaration should be returned to the traffic enforcement centre within 21 days beginning with the date of service of the Order for Recovery, although there are provisions for the court to allow longer.

A statutory declaration may only be made by the person against whom an Order for Recovery has been made.


According to you, you did not receive the original PCN, therefore you would submit the statutory declaration to this effect.

I suggest you come back here on this one in 2 weeks.

The process is set explained here: https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process