Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: fifi90 on March 20, 2024, 10:41:03 pm
-
Thanks for the additional info and explaining what will happen. I do have one question though - do you think, based on the story line provided in my original post, that this will be defendable once it goes back to PCN stage?
No, as you've paid the £65 charge there is no PCN stage and the council will laugh all the way to the bank. You've now lost your money and have no way of getting it back. It's a pity because if you hadn't paid we could have likely got this cancelled on appeal, you know for next time not to hand your money over so easily.
-
Possibly not. Once your case gets reverted to the PCN stage, penalty reverts to that, so the 50% increase for the Charge Certificate is no longer payable.
Your case is what is called a "drive away", and is specifically dealt with in the Traffic Management Act 2004. This allows a CEO who had started to prepare a PCN for service to car or driver, but the driver drove off before it could be served, to record a 'drive-away'. The council can then send a postal PCN to the registered keeper. Hence we need to know what document you received in the post.
-
Hello and thank you for your reply. I may have binned/lost the original PCN but I will look for it today and then post it if found. Thanks for the additional info and explaining what will happen. I do have one question though - do you think, based on the story line provided in my original post, that this will be defendable once it goes back to PCN stage?
-
Please post the original PCN, this is important.
As for the Charge Certificate, and based on the fact you submitted representations but received no reply, you should now wait for the debt to be registered at the Traffic Penalty Tribunal. They will then send you an Order for Recovery, at which point you can submit a Witness Statement that you submitted reps but received not response to those reps. The matter will then be reverted to the PCN stage and the procedure defined in the regulations comes into effect.
See below, Part 4 of Schedule 1 :-
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/schedule/1
-
Hi, I was parked on double yellow lines on St Marys Road, but still in the vehicle, and drove off when I noticed the parking warden approaching the car. 6 images were taken by the parking warden and the car is moving on all of them. Likewise, no ticket was placed on the windscreen (if this matters at all). I originally appealed the PCN to Ealing Council stating that the car was not stationary and that no PCN was placed on the windscreen. Incident occurred on 28/03/23 and the first letter arrived on 10/05/23. I appealed on 12/05/23 and received email proof. I received no further correspondence on this until now, where the council decided to push this PCN to Charge Certificate stage. I have until 25/03/24 to pay the reduced sum of £65 or continue to court. I would like to think that based on the fact that the council did not follow the correct process i.e. responding to the PCN challenge, this should be fairly easy to defend in court, but I would welcome any advice on what to do with this. Thank you!
Map: https://maps.app.goo.gl/eNAGKrC2g9Qwrbkh8
[attachment deleted by admin]