Author Topic: Penalty charge notice - issued after 14 days  (Read 345 times)

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Penalty charge notice - issued after 14 days
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Good morning,

I (the keeper of the vehicle) received a Penalty Charge Notice end of last week for driving through a street that had restrictions to non-residential motor vehicles. Evidence is from ANPR of the violation.

However the offence date was on the 07/04/2024 and sent out on 22/04/2024 and received in the post 25/04/2024. Am I correct in thinking that this should have been sent to me within 14 days, so the latest being the 21/04/2024. Do I have grounds to appeal this PCN?

For reference, the driver wasn't pulled over and nothing was ever attached to the window, I've only received this letter.

Council name: London Borough of Hammersmith & Fulham
Alleged contravention: Failing to comply with a prohibition of certain types of vehicle (motor vehicles)
Location: Studdridge Street, Fulham  (unfortunately, the google street view hasn't been updated with the new road signs.

The penalty is in relation to the new Fulham Clean Air Neighbourhood project.

Thanks in advance

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Re: Penalty charge notice - issued after 14 days
« Reply #1 on: »
Please read this and update your post 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/

The period for issuing a postal PCN is 28 days. It is likely you will have passed what is called a "Flying Motorbike" sign, (symbol of motorbike over a car). This means No Entry for motorvehicles. However we cannot give any more advice until you've updated your post.

Re: Penalty charge notice - issued after 14 days
« Reply #2 on: »
Please read this and update your post 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/

The period for issuing a postal PCN is 28 days. It is likely you will have passed what is called a "Flying Motorbike" sign, (symbol of motorbike over a car). This means No Entry for motorvehicles. However we cannot give any more advice until you've updated your post.

Thanks! I've attached the PCN pics.

If PCN postal issuing period is 28 days, not 14, then I likely don't have legs to stand on.   :-\

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Re: Penalty charge notice - issued after 14 days
« Reply #3 on: »
If PCN postal issuing period is 28 days, not 14, then I likely don't have legs to stand on.  :-\
We win cases all the time where people thought they didn't have a leg to stand on, but you need to give us something to work with.

Read the guidance here in full 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/ and then please re-post the PCN without redacting anything apart from your name and address.
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