3. Received TFL PCN on suspected private land at Gunnersbury avenue, W4
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cp8759

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #15 on: September 10, 2023, 01:59:59 pm »
Please show us what you sent on 15 August.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #16 on: September 13, 2023, 10:17:00 pm »
I am not sure how I can show you what I sent but a summary below.

My representation was made back when I received the PCN (15th August 2023). I appealed on the grounds that it is not TFL land - based on their public GIS asset maps appended to initial post - so how could they possibly enforce on it. I admittedly appealed without understanding the full context of how this can be TFL land and the maps are unclear, this was clarified by John UK.
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cp8759

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #17 on: September 14, 2023, 11:00:52 pm »
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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 nor 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.

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

Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #18 on: October 10, 2023, 03:29:22 pm »
Afternoon,

What does this mean please (see attached) ? Why has it suddenly appeared but I have had no correspondence regarding my appeal ?

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cp8759

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #19 on: October 11, 2023, 10:32:11 pm »
You haven't made an appeal, you've only sent an informal representation. TFL is required to consider it but it is not required to respond.

It appears they have now requested the registered keeper details so a notice to owner will be sent to the registered keeper, is that you?

The notice to owner supersedes any outstanding informal representations, so formal representations will need to be made.
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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 nor 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.

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

Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #20 on: October 13, 2023, 12:12:46 am »
Ok thanks. So is it worth me formally appealing with the grounds used on my informal representation? Or should I be adopting a different approach i.e can TFL prove the PCN was issued properly as you advised before.

I am the registered keeper, yes.
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cp8759

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #21 on: October 14, 2023, 11:18:47 am »
When you get the notice to owner, post it up on here and we'll help you draft a formal representation.
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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 nor 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.

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

Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #22 on: November 27, 2023, 05:53:59 pm »
Hi all -  thank you for your help so far.

I'm a bit confused as I haven't received any correspondence further to the PCN I received. When I look at TFL PCN page the last update is from the first week of October and says "DVLA action" but nothing since...and it has been nearly two months.

Is there not a time limit where they have to served the notice to keeper by?

Thanks

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Incandescent

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #23 on: November 27, 2023, 06:23:15 pm »
Quote
Is there not a time limit where they have to served the notice to keeper by?
Yes, there is, and it is 6 month from contravention date. However anything over 3 months could well fall on the fairness and timeliness test.

Here's what the Statutory Guidance says on issuing the NtO for a parking PCN: -

Quote
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 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  give.
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #24 on: January 03, 2024, 02:08:06 pm »
Thanks for your response.

To summarise my PCN status is as follows:

02 January 2024
NTO/Enforcement Notice Batched
N/A

14 December 2023
OnHold: SUS100 Under IT Investigation
N/A

03 October 2023
On Hold: SUS09 - DVLA Action
N/A

04 September 2023
On Hold: SUS26 - Representation Received (02/10/2023)
N/A

04 September 2023
On Hold: SUS26 - Representation Received (02/10/2023)
N/A

15 August 2023
Email dispatched to: prince_f50@hotmail.com Subj Representation receipted
N/A

15 August 2023
On Hold: SUS26 - Representation Received
N/A

Contravention date:

15 August 2023 at 09:46
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #25 on: January 05, 2024, 03:30:28 pm »
Hi all,

I have now received the NTO, see attached. I will upload the accompanying docs in the next post.

Please could you advise where I can go from here.


Many thanks
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #26 on: January 05, 2024, 05:14:30 pm »
Accompanying docs PT 1
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #27 on: January 05, 2024, 05:16:58 pm »
Accompanying docs PT 2
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #28 on: January 05, 2024, 05:18:41 pm »
Accompanying docs PT 3
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Barbudaprince

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Re: Received TFL PCN on suspected private land at Gunnersbury avenue, W4
« Reply #29 on: January 21, 2024, 07:53:46 pm »
Hi,

So from the date of service of the NTO as 2/01/2024 I have 28 days to provide representation which will be 30/01/2024.

It looks like the NtO was sent 4 months and a week after the contravention occurred and Incandescent has advised this may fail on timeliness and fairness test, could this be pursued?

Any advice on where I can go with this would be gratefully appreciated please.
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  3. Received TFL PCN on suspected private land at Gunnersbury avenue, W4