Author Topic: Westminster PCN 12r  (Read 2468 times)

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Re: Westminster PCN 12r
« Reply #15 on: »
Hopefully our member Hippocrates will be along, this is right up their street.

It is wholly improper to seek to coerce a person into paying a penalty which, because they might not even be the liable person anyway*, threatens a penalty at a level previously uncommunicated. Can you point out to us where this level of penalty or even the merest hint of this penalty appears in your PCN?

* Forget you're the owner, you accessed this page because you were the driver i.e. not the liable party in law.

Re: Westminster PCN 12r
« Reply #16 on: »
Do you mean the £240 they state on their website?

Re: Westminster PCN 12r
« Reply #17 on: »
Yes.

Re: Westminster PCN 12r
« Reply #18 on: »
Hi, can anyone advise how i'd fight this due to them asking for more than is due on their website, at least i think that's the appeal point as i've only a few days left to pay 50% rate.

Thanks.

Re: Westminster PCN 12r
« Reply #19 on: »
You can't do anything formally until you receive the Notice to Owner. The 50% discount is the carrot.

Even if you were to make unsuccessful formal reps, it's more probable than not that the reduced payment would be re-offered.

IMO, yourreps would be as per your original - the second go at asking for their discretion plus...

You would hope that the following argument might assist them in their deliberations, namely, about the council threatening the driver, who also happened to be the owner and therefore has first-hand knowledge of pre-NTO matters, with a grossly inflated penalty without explanation or lawful basis. Read the website page and understand:

The driver has received a letter informing them that their reps were unsuccessful, that a reduced payment would be accepted for the 14-day period specified; that if not paid then after the expiry of the 14-day and 28-day periods, whichever is the later, a NTO would be sent to the owner.

But you do NOT know when, they have 6 months. And you don't know what it contains, this is 'explained in the notice', other than that it would be a demand for £160...and then what??? According to the website £240 would be due on 18 November.

Is this what the NTO would contain?

The NTO would be deemed served 2 working days after issue, unless the owner can show that it was not. So timings are rebuttable.

The threat of £240 WITHOUT A CONTEXT available to the person reading it because the NTO contains the details AND HASN'T BEEN SERVED is IMO grossly improper and could represent successful grounds at any appeal the the adjudicator.

Wait for others.

Re: Westminster PCN 12r
« Reply #20 on: »
Time for paying 50% rate up tomorrow and just not sure what to say regarding the website in NTO appeal if I don't pay, even though i understand what's said in last post reply (thanks H C Anderson)

Is the information given on the council's website regarding the amount to be paid/date etc. covered by the same regulations as the actual pcn?

Has anyone won an appeal on this point?

Re: Westminster PCN 12r
« Reply #21 on: »
Anyone, anything?

Re: Westminster PCN 12r
« Reply #22 on: »
You are not at appeal.

If you are the registered keeper then the next stage is the Notice to Owner against which you can make reps and, as I said, it is probable that the 50% would be offered even if unsuccessful.