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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Korting on July 13, 2023, 10:28:05 am

Title: Re: LB Brent PCN for driving down a school street.
Post by: cp8759 on July 13, 2023, 11:39:21 pm

Revised draft:

Dear London Borough of Brent,

I am challenging this notice on two grounds:

1. The sign on Carlton Avenue East, before you turn right into College Road is obscured by tree foliage.

2. The wording on the PCN is ambiguous and misleading.  I refer to the paragraph starting:  A PCN of £130 is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice. (Date of service is considered to be 2 days from the date of the Notice.) If it is paid paid within end of the period of 14 days beginning with the date of this notice the amount payable is reduced to £65.00

So is the period starting with the date of the notice or the date of service.

If it is from the date of notice, why do you put in anything about the date of service?  It also prejudices my case as I am deprived of two days in which to reply.

If it is from the date of service then the PCN does not unambiguously indicate this.

The PCN should convey precise timeframes within which a motorist must act, in light of the ambiguous timeframes on the PCN I contend the PCN is flawed.

It follows that the PCN should be cancelled.

Yours faithfully,

Title: Re: LB Brent PCN for driving down a school street.
Post by: Korting on July 13, 2023, 11:33:40 pm

This is my challenge

Quote

I am challenging this notice on two grounds:

1.The sign on Carlton Avenue East, before you turn right into College Road is obscured by tree foliage.

2.  The wording on the PCN is ambiguous and misleading.  I refer to the paragraph starting:  A PCN of £130 is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice. (Date of service is considered to be 2 days from the date of the Notice.) If it is paid paid within end of the period of 14 days beginning with the date of this notice the amount payable is reduced to £65.00

So is the period starting with the date of the notice or the date of service.

If it is from the date of notice, why do you put in anything about the date of service?  It also prejudices my case as I am forfeited two days in which to reply.

If it is from the date of service then the PCN does not indicate this.

To make matters even more ambiguous and confusing, the second paragraph mentions 28 days from the date of service.

I therefore request that you cancel this PCN in order to avoid embarrassment on the part of the Council if it comes before London Tribunals.

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Title: LB Brent PCN for driving down a school street.
Post by: Korting on July 13, 2023, 10:28:05 am

I have received a PCN for going down a school street vey near my home. It was very quiet, no traffic at all certainly no kids being picked up/dropped off at the time.

The signage at the road where you turn into College Road is obscured by foliage, but not the sign (which I must have missed) at the beginning of the restriction.

I know this is very very late, but I was away for the first week, and unwell This week.

However, I'm also confused: It states: A PCN of £130 is now payable and must be paid before the end of the period of 28 days beginning with the date of this notice. (Date of service is considered to be 2 days from the date of the Notice.) If it is paid paid within end of the period of 14 days beginning with the date of this notice the amount payable is reduced to £65.00

So is the period of 14 or 28 days from the date of the notice or the date of service of the notice? If its from the date of notice, why mention the date of service at all? If its from the date of service then the PCN is wrongly worded.

https://imgur.com/a/yATFMRc

https://imgur.com/crFuEzD

https://imgur.com/7HB8Q2M

More to the point, what date does this have to be paid or representations made by?

https://imgur.com/7HB8Q2M


As of this morning, the PCN is still at £65.00