Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: taketheg on February 20, 2024, 02:39:58 pm
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Please keep us updated and do not be tempted/dragooned into joining The Mugged Club!
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Video:
https://www.youtube.com/watch?v=Pb4HjBDpqY4
The traffic order is The Wandsworth (Prescribed Routes) (No. 1) Order 2020 (https://drive.google.com/file/d/13Cxp2e3SCaqoJSxA4hbpjpgxZTYpY0dL/view) as amended by The Wandsworth (Prescribed Routes) (No. 3) Order 2022 (https://drive.google.com/file/d/1PYxtBV1oRrcWK7KQzORK3Ts-mA_tHxaZ/view).
That being said, the incorrect charge certificate date is more or less unanswerable so it's hard to see how the council could hope to enforce this.
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They have to consider it whether it applies or not.
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Ironically, we've now received a similar PCN for a different vehicle for the following day, where all the images are missing again.
I presume I will issue a similarly worded appeal for this one. Out of interest, what is the relevance of the reference to 'taken without consent' as this doesn't apply in either case.
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Dear Wandsworth Council Parking Services
Ref: PCN
VRM
I make these collateral challenges against the PCN:
1. The third ground pertaining to representations on the PCN clearly limits to theft. I bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances or, indeed, make an insurance claim.
2. More importantly, you cannot serve a charge certificate 28 days from the date of the notice.
3. The PCN provides no photographic evidence at all.
In light of the above, please cancel the PCN forthwith. If you do not accept these representations, I shall take the matter to the Tribunal and be considering costs in view of this considerable departure from the statutory scheme.
Yours faithfully
Name (Registered keeper)
Address
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Thanks, here's the back part
[attachment deleted by admin]
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The PCN is unenforceable because the bit in brackets tells you you have 28 days from the date of the notice to pay or else a Charge Certificate will be served.
2230525729; 2230446994 and 2240008359.
Happy to take this one on. I will do a draft shortly.
BUT, need the whole PCN first please. And do not do anything at the moment until we see the other side of the PCN.
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All you can do at the moment is call them to complain. Lack of photos or videos indicates something is not right in their office, and their PCN management system.
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Hi, I'm somewhat bewildered by the PCN received today for one of our company vehicles. The photographs are missing (please see the attachment) and when I logged onto Wandsworth to view the PCN, images and any videos, there is a message stating 'You cannot currently challenge the PCN.'
I may be wrong, but surely a PCN where the 'evidence' is missing must be invalid?
Please advise upon my next action, or an appropriate response.
Thanks
[attachment deleted by admin]