Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Max1111 on July 19, 2024, 03:53:11 pm
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Hi everyone, i have received the new PCN and i have a limited time to take care of it.
I know there are lots of other threads to deal with and everyone is offering their precious time for free. I would be grateful if someone could offer some help. Many thanks.
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Hi,
My mum had an appointment at 4pm at the health centre in front of me (a little to my left). I was there for more or less 20 minutes. I cannot remember the exact time I left.
Here are the remaining pages of the PCN:
https://imgur.com/a/DMTxlLY
https://imgur.com/a/7SFExZ8
Thank you for your time.
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OP, we can dispense with your concerns regarding 'footpath', because it isn't, instead your contravention was the second limb of the grounds 'or part of a road other than a carriageway' AKA footway.
You waited on the footway for approx. 20 minutes in total although the PCN refers to a specific moment in time.
And your reason for being there was?
Do you remember when you left?
Pl post the back of the PCN.
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They were so quick to send the PCN.
https://imgur.com/8msCBrL
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Ok, thank you very much.
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When you get the reissued PCN post it up, there might be a technical issue.
From a your description of the contravention I don't see anything.
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Thanks for the response.
Yes so Form TE9 was accepted. I have linked the response letter below.
I know that I have to start again from the PCN but I was hoping that there was some ground I could challenge it on. Is there anything?
Also, should I wait for Transport for London to get back to me with the original PCN or should I contact them myself first.
[And, yes, indeed I have to keep checking from time to time because mum did not receive the original.]
Many thanks for your time (anyone).
https://imgur.com/es7oUlh
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If theTE9 was accepted the response would be useful. It should tell you that:-
The order for recovery is revoked.
The authority may issue a new PCN (this would be the normal result).
The PCN history on TFL can be checked, of course if your mum has a problem with post this one could go missing as well. Checking from time to time may be sensible.
When the new PCN arrives you start again.
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"I imagine you changed your driving licence and didn't notice the big box reminding you you might need to change V5c for any vehicles you have."
"I would expect, since the CC has gone to mum, that your V5c is showing that address."
That is right, I renewed my licence with the new address. So V5c would indeed show mum's address. Thank you for pointing that out!
Mum didn't receive the original PCN, just a document called "Order for Recovery" and from there I went and filled out a TE9 Form. Court accepted and said I still need to contact the authority because the original PCN has not been cancelled.
Is the link with the PCN details sufficient?
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You didn't "change your address with the DVLA". (There's no such thing).
I imagine you changed your driving licence and didn't notice the big box reminding you you might need to change V5c for any vehicles you have.
I would expect, since the CC has gone to mum, that your V5c is showing that address.
Mum should have received previous notices.
Sight of what you have may be useful (only redacting name and address). There may be issues with it.
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I received a charge certificate at my mum's address. I have changed my address a long time ago with DVLA so I don't know why they still send letters there.
I was waiting there because my mum had an appointment nearby.
https://imgur.com/a/6L15cjJ
I was hoping that what they have called a footpath is not a footpath. And also, whilst I was waiting there, beyond the gate a BT van had parked and if I had gone through the gate I would have been stuck behind it. I did want to drive through and then do a U-turn but I could not so I stayed where I was.
Is there any other ground on which I may fight this PCN?
Many thanks for your time.
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You clearly were blocking in as much as people were having to navigate round you. But that is not relevant to the issue of the ticket.
However if you provide a street view link and upload the PCN there may be something.
Was the ticket served on the vehicle or by post.
Also why were you waiting 20 minutes. That seems a long time in the normal course of events and may lead to something.
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You were waiting on a driveway that crosses the footway. This is not permitted, hence the PCN. However see what the others say. If you were waiting for a vehicle to exit, before driving past the gate you would have a good argument, but your narrative suggests this is not the case.
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Thanks guys. I have just uploaded the link to the photo in my original post.
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Max,
Read this READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc. cases
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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I am unable to upload the photo because an error window pops stating: "the upload folder is full"
You need to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Use an external hosting site such as imgur or ibb.co and post the BBCodes here.
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I am unable to upload the photo because an error window pops stating: "the upload folder is full"
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Hello
I recently received a PCN for waiting in my car on a footpath. Please refer to the photo I have attached. The footpath is one where cars drive through and go past the gate (which can be seen in the photo) to get to their properties. I did wait here outside the gate for perhaps 20 minutes.
I would like to know if the PCN is valid because I was not blocking anyone or anything and was in my car, and cars do have drive through here to get to the properties beyond the gate. Is what is in the image even a "footpath"?!
Location: O/S 248-264 Earl's Court Road SW5
The applicant is Transport for London.
Thank you for your time.
https://imgur.com/a/zQJw3Oo