Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Hashim on August 07, 2024, 02:33:56 pm
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Hello
So the first PCN issued to the leasing company was never cancelled and the same PCN was used to serve me.
I would really appreciate if someone can draft me a defence please.
Deadline is tomorrow.
Thanking you in advance.
Hashim
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Hi chaps,
Thank you all for the insight into this but could I ask someone to formally write a representations with the details supplied by all contributors.
Thanking you in advance.
Hashim
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OP, the situation is actually straightforward.
The demand for payment of the penalty charge was made upon the lease company;
They made reps as they were entitled to do under the grounds of 'we are a vehicle-hire company and the vehicle was on hire...';
UNTIL the council formally accept these representations - and you don't know they have, for all you know someone in the council offices pressed the wrong button and issued a demand for payment from YOU AS WELL - then the council may not make a demand from you.
And you are an AS WELL and not an INSTEAD OF until the first demand is cancelled formally.
Your reps I suggest would be along the following lines:
Penalty exceed the .......circumstances of the case' these being that:
1. You have checked with the keeper(****leasing company) and it is clear that the authority had not served a Notice of Acceptance of Representations on them before they served their additional demand for payment (PCN) on you. If you have been misinformed on this point by *** then the authority simply need to include a copy of their NOA with their reply.
2. The hire agreement and other mandatory details supplied by *** to the authority in support of their representations did not comply with statutory requirements and therefore the authority were not empowered to issue a PCN in your name. .....is the point being made in the references above and if Hippocrates has already identified the discrepancies then I won't reinvent this wheel.
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Hi.
I'm not an expert in this.
So what does all this mean?.
Thanks
Hashim
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Hi
https://imgur.com/a/aD0Zh9a
link for the lease contract.
Thanks
Hashim
https://www.legislation.gov.uk/uksi/2000/2546/schedule/2/made
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Hi
https://imgur.com/a/aD0Zh9a
link for the lease contract.
Thanks
Hashim
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Hi
I've managed to get the original PCN that was posted to the lease company.
https://imgur.com/a/rDGi8Nl
Thanks
Hashim
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We need all the documents.
Yes The PCN that was posted was addressed to me.
I have asked the hire company to send me the original PCN that was addressed to them.
How do i attach the contract as the uploader is full and Imgur does not allow PDF's.
Thanks
Hashim
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"You need to ask the leasing company if and when the Council confirmed in writing the cancellation of the first PCN (the one issued to the company)"
The company received the PCN on the 3/7/24 and they made a representation on the 10/7/24 and they did not receive any further correspondence. This was done via email.
It sounds as if the Council failed to cancel the PCN in their name, which means that there are two PCNs in existence for the same alleged offence. Others will confirm.
The PCN you posted is addressed to you at your address?
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We need all the documents.
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"You need to ask the leasing company if and when the Council confirmed in writing the cancellation of the first PCN (the one issued to the company)"
The company received the PCN on the 3/7/24 and they made a representation on the 10/7/24 and they did not receive any further correspondence. This was done via email.
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1. We need to see the hire agreement to check for issues.
2. The right hand sign is missing a plate.
3. This council's Notice of Rejections are currently defective so it is worth a punt.
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although you could ask the lease company when they were told their PCN was cancelled. - Incandescent
I'll get in touch with the leasing company as to when they informed them of my details. - Hashim
You need to ask the leasing company if and when the Council confirmed in writing the cancellation of the first PCN (the one issued to the company).
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I'll get in touch with the leasing company as to when they informed them of my details.
So how do I make the representation?
Thanks
Hashim
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OK, so it looks as if the process worked, and the first PCN was cancelled when the leasing company submitted reps. The council then have 28 days to serve another one to the person named by the leasing company. So the PCN would seem to be in-time, although you could ask the lease company when they were told their PCN was cancelled.
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This is the link to the PCN.
https://imgur.com/a/kDUOTma
I informed the leasing company not to pay any PCN's and to forward them to me. The PCN was addressed to me and to my address.
Thanks
Hashim
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Yes the car is leased.
So what does this mean?
These PCNs must be served on the registered keeper in 28 days but usually the RK is the lease company so more time often passes in the process to tell the council who the lessee is so they can reissue it to you. Your lease agreement should tell you how the company deals with PCNs and you may be charged an admin fee.
If you post the PCN we can check for faults.
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Yes the car is leased.
So what does this mean?
Thanks
Hashim
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Is you car leased, because there is a 28 day limit on issuing a PCN from date of alleged contravention ?
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Read this about posting the PCN:
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/
Assuming you're not the little boy on the bike a technicality would seem to be the only way out. Why drive through this?
(https://i.imgur.com/qJegHfI.gif)
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Wife received this today dated 5/8/24 and the alleged contravention occurred 23/6/24.
Code 52M
Is there any technicality that can be used here.
I can't attach the pcn as the uploader is full.
PCN FR6285491A
VRN YG71VPE
Thanks
Hashim