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Quote from: taffer87 on November 17, 2023, 03:27:33 pm

Also, good to get your input on if the error in their letter saying I supplied evidence for payment on 25 October (when in fact I did supply evidence for 26 OCtober) and PCN was issued on 26 October now means there is a very good chance of winning at tribunal? Of course next stage is NTO to lease co - then transfer liability to me and new NTO to me.

If they make a similar mistake at the formal notice of rejection stage, we might be able to exploit that.

ah that's a shame so their error in replying to informal reps doesn't really count for much?

So this is what it says today on the council website. previously it said the amount would go to £195 on 28 November but today (on 28 November) it just says the amount will increase to £195 very soon and please pay £65 now

Is this not some sort of procedural impropriety by the council giving false information as the next stage would be a NTO at £130 rather than £195?

Summary so far:

Date of contravention/PCN on windscreen: 26 October 2023
Informal reps made: 2 November 2023
Letter rejecting the informal challenge: 10 November 2023 - received on 13 November 2023

I can see on the website the still says £100 and that I challenged and they responded on 10 November so can't challenge again

Assume this means they haven't issued a NTO to Lambeth yet - thought it would be fairly automatic and they woudl issue one as soon as eligible - any experience of this - can councils take a long time before issuing a NTO?

(Appreciate I would need to wait for NTO in my own name in any casE)

Ah so found out that they pretty much have 6 months to send a NTO .. really long time to have this as an open matter but anyway will have to wait

6 months is the legal limit, but the Statutory Guidance for the legislation they are using to issue the PCN is that it should be issued much sooner.

Extract from the Statutory Guidance

Issuing the notice to owner
If the penalty charge is not paid the enforcement authority may issue a notice to owner (NtO). The purpose of this is to ensure that the PCN was received by the vehicle owner and to remind the vehicle owner that the payment in full is now due and, if it is not paid within a further 28 days, it may be increased.

The NtO may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is 6 months [footnote 33] from the ‘relevant date’. There should be a very good reason for waiting that long to serve an NtO. The regulations set out the information that the NtO must [footnote 34] give.

VWFS has received the NTO and submitted the standard letter they use to request a transfer of liability.

This is the NTO VWFS have received for reference in case anyone picks up issues with this - waiting for NTO in my name in the meantime. Any help appreciated on points to raise when I get the NTO in my name in addition to the previous informal rep I made

WIP draft of formal challenge for comments/input here:

https://www.dropbox.com/scl/fi/sa7kadaxze51fl6i6ebgm/PCN-formal-reps-draft-redacted.docx?rlkey=q5rld6lgg8v0c691597dz017p&dl=0

Thanks I am the owner in the sense that I have the lease agreement in my name with the lease company and the new NTO is in my name.