3. Lambeth PCN Appeal rejected as not vehicle owner
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Lambeth PCN Appeal rejected as not vehicle owner
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Hi All,

I'd appreciate some advice here as I have a PCN now at Charge Certificate stage.

I was driving a pool vehicle from work and received a PCN for not giving way to oncoming traffic '37j - Failing to give way to oncoming vehicles (camera enforcement)'

I appealed the PCN within the 1st 14 days, but then received a letter some weeks later from Lambeth stating that as I was not the registered keeper of the vehicle they couldn't accept an appeal from me, and it would have to come from the owner (my employees).

This wouldn't have been too much of an issue, except for the fact than when I made my original appeal there was an issue with the website or something meaning I didn't get a confirmation email - it instead came up with an error code, but the appeal was submitted.

I've received a confirmation email from every other council for every other PCN I've appealed - confirming the appeal has been received and detailing the content of my appeal.

The problem here was the letter I received from Lambeth Council came very to Xmas and I wasn't in the office to explain the situation to our accounts team and we were then all off work for 2 weeks over the Xmas period.

Had I received the confirmation email, I could have simply cut and pasted the information for my employers to appeal again.

As it happened I would have had to rewrite the appeal (I hadn't saved a file) but it all happened too late due to the timing with Xmas holidays.

My main question here is (regardless of the content of the appeal) - are Lambeth required to send a confirmation email detailing the content of the appeal. This information was also not available on the website so I would have had to rewrite it from scratch after numerous weeks had passed. Surely the council should be obliged to make the details of the PCN avaialble or how could I get the appeal resent by my employers??

I don't know whether to just cut my loses and pay the £195 or wait till it goes to the next steps where I could submit an alternative appeal??

I hope that all makes sense, any thoughts would be very much appreciated.

TIA Sam
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Re: Lambeth PCN Appeal rejected as not vehicle owner
« Reply #1 on: »
You didn't receive a PCN, the registered keeper did (either your company or a lease company) - I'm surprised they didn't follow procedure for a postal PCN.

Why couldn't you get them to deal with it after the holiday? What date is the charge certificate?

At debt recovery stage the only grounds for them to get it reset are:

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.

None of which apply.

But you can send a representation at the charge certificate stage - they don't have to act on it but they can.



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Re: Lambeth PCN Appeal rejected as not vehicle owner
« Reply #2 on: »
OP, with respect your questions can wait.

Whose name is on the PCN is the only issue here at the moment because only they are liable and only they may make representations.
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Re: Lambeth PCN Appeal rejected as not vehicle owner
« Reply #3 on: »
My company's name will be on the pcn as they are the owner. It is in my contract that I am liable for any parking violations etc. though.

I took on the responsibility to appeal. I wasn't aware that it had to go through the owner (this is not the case with all London councils).

It is also my fault that it is wasn't appealed again sooner over Xmas. All the information was left in the office and because I had no confirmation email with my appeal details, I wasn't able to resubmit the appeal via email through the accounts team.



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Re: Lambeth PCN Appeal rejected as not vehicle owner
« Reply #4 on: »
Please screenshot the current payment status as if to make a challenge.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Lambeth PCN Appeal rejected as not vehicle owner
« Reply #5 on: »
I took on the responsibility to appeal. I wasn't aware that it had to go through the owner (this is not the case with all London councils).

Well it should be, it's the law.

Even if you made reps which were not disregarded, as here, the reply would still be sent to the person named on the PCN(in this case) and they would be liable.

But anyone can pay.

My company's name will be on the pcn as they are the owner..

Really? For the future I suggest you find out whether any of the pool vehicles which you might drive is leased because this creates interesting issues in itself.


At first you posted 'I don't know whether to just cut my loses and pay the £195 or wait till it goes to the next steps where I could submit an alternative appeal??'

What 'next steps'? The die is cast and your employer owes the council £195 with no way in which this could be challenged intra procedure. This could increase to £205 and ultimately if this remains unpaid bailiffs could knock at their door demanding at first £280 and then £515.

But to see if anything can be salvaged from this pl post the PCN, the letter disregarding your reps and the CC. Leave in all dates. 

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  3. Lambeth PCN Appeal rejected as not vehicle owner