Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: privates on April 19, 2024, 07:41:19 pm
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Is there any other steps to take?
No. Pay it.
+1, you were told not to miss the deadline and you missed it anyway. The punishment for this is that you have to pay £195, sorry but it is what it is.
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Is there any other steps to take?
No. Pay it.
Of course I can not file a OOT for not receiving the NTO but how could such PCN be enforceable with no pictures?
Irrelevant now.
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@privates well there's only one photo on the council website which is a bit suspicious:
(https://i.imgur.com/DTnfu0b.jpeg)
However it's not the same location as your other thread, you can see the buildings reflected in the windscreen in the council photo and they match the buildings seen on Dering Street here: https://maps.app.goo.gl/zeaEzNihTxqfsTZw8
So I think you need to have a bit of a think about when you were on Dering Street, whether you were in fact parked on the pavement, and if so then why.
The deadline for making representations is 3 June, do not miss this.
I am completely clueless on the location of this PCN nor the reasons I was there.
Unfortunately I have missed the representation for the deadline and today received the charge certificate.
Is there any other steps to take? Of course I can not file a OOT for not receiving the NTO but how could such PCN be enforceable with no pictures?
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@privates well there's only one photo on the council website which is a bit suspicious:
(https://i.imgur.com/DTnfu0b.jpeg)
However it's not the same location as your other thread, you can see the buildings reflected in the windscreen in the council photo and they match the buildings seen on Dering Street here: https://maps.app.goo.gl/zeaEzNihTxqfsTZw8
So I think you need to have a bit of a think about when you were on Dering Street, whether you were in fact parked on the pavement, and if so then why.
The deadline for making representations is 3 June, do not miss this.
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As regards the contravention, this relates solely to being parked on the footway which is a 24/7 prohibition, it has nothing to do with yellow lines or other timed restriction.
With this in mind, were you parked on the footway?
Photos are not necessary for the authority to prove its case, but if they're taken routinely but not here then an adjudicator might infer a reason if you deny being so parked.
The exemptions to the prohibition are set out in 15(3) here: https://www.legislation.gov.uk/ukla/1974/24/section/15
This was given in the same location as :
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-westminster-pcn/msg16332/#msg16332
The location is wrong. The pavement I don't even believe the vehicle would be able to even get on top of.
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As regards the contravention, this relates solely to being parked on the footway which is a 24/7 prohibition, it has nothing to do with yellow lines or other timed restriction.
With this in mind, were you parked on the footway?
Photos are not necessary for the authority to prove its case, but if they're taken routinely but not here then an adjudicator might infer a reason if you deny being so parked.
The exemptions to the prohibition are set out in 15(3) here: https://www.legislation.gov.uk/ukla/1974/24/section/15
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@privates so you need to call the council on Monday and ask if the notice to owner has been issued, if it hasn't you'll have to call again once every 10 days or so.
As you know very well by now, you simply cannot rely on getting the notice to owner in the post.
Once you know the notice to owner has been issued, you can make representation against it (the fact that you haven't physically received it makes no difference).
The NTO has been issued.
(https://i.ibb.co/vLBrZv0/image-6209779.jpg)
(https://i.ibb.co/Jn5XrzK/IMG-6001.jpg)
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@privates so you need to call the council on Monday and ask if the notice to owner has been issued, if it hasn't you'll have to call again once every 10 days or so.
As you know very well by now, you simply cannot rely on getting the notice to owner in the post.
Once you know the notice to owner has been issued, you can make representation against it (the fact that you haven't physically received it makes no difference).
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So, have you received the rejection sent on 8 April? If not, call the council and ask them to email you a copy.
Here is the rejection for this PCN
https://ibb.co/vYbd3R9
All details of this PCN are invalid
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@privates I've split this thread out so we don't get the two PCNs mixed up.
The council website now says this:
(https://i.imgur.com/Uptpagm.png)
So, have you received the rejection sent on 8 April? If not, call the council and ask them to email you a copy.
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Furthermore, I had received a PCN earlier this day at 07:39am on attending the hotel for availability and received a stupid PCN. The hours start at 08:30am so I don't understand how the PCN was issued. Also the wheel was apparently over a footpath..
My appeal :
To whom it may concern,
I challenge this on the basis that the photo evidence does not show any or the contravention stated being
committed. The above selections do not apply so I have chosen any.
I ask for this reason this PCN to be cancelled.
PCN :
https://ibb.co/FK3nz00
No images at all but of the PCN attached to the vehicle.