Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ikina on October 01, 2024, 10:09:24 pm
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I am sorry to hear this.
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Update: I had to pay the higher rate outside the 28 days. Gutted!
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Unfortunately, it makes no difference - nowadays!
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@Incandescent, as I understand the new regs(https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made)
both the discount and 28-day periods now specify 'beginning on date of contravention' not service.
Yes, you are right, in which case there is now no longer any point in the PCN having a separate date to the contravention date.
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@Incandescent, as I understand the new regs(https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made)
both the discount and 28-day periods now specify 'beginning on date of contravention' not service.
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Where are we with thread please? Please post in this thread not the other one.
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@Hippocrates I have posted in the other thread.Thank you.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bensham-lane-croydon/msg34752/#msg34752
Can I suggest that we don't cross-thread threads? :)
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Thanks you @Incandescent - do you think I have grounds to appeal?
My opinion is it is not a winner on its own, because being a Regulation 9 PCN, (one served at the roadside), you have not been disadvantaged because the PCN date is almost certainly the same as the date of the alleged contravention. However it shows sloppiness and bad management in the council, who cannot, apparently, even read the actual regulations on what a PCN should contain.
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@Hippocrates I have posted in the other thread.Thank you.
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Thanks you @Incandescent - do you think I have grounds to appeal?
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There is an error in the "small print". They state that the discount is available for 14 days from date of notice, whereas under the Traffic Management Act, this is from date of service.
In fact all of the section under "DO NOT IGNORE THIS NOTICE" seems wrong, because the 28 days to serve a Notice to Owner is 28 days from service of the PCN, not the contravention date.
OK, having said the above, in most cases the PCN is served on the day of the contravention, but may not be. There was a judicial review on this very aspect of date of PCN and date of service many years ago, and the decision was that the PCN must be dated, and this date must be a separate date on the PCN to the date of contravention.
If the above is wrong, somebody will no doubt correct me, but as it stands the PCN mis-states the law.
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@ikina Please go onto the website and report back what you see. Screenshot everything and post it here.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bensham-lane-croydon/msg34752/#msg34752
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Hi @Incandescent and @stamfordman do you think this ticket has any errors that would give me a chance? Thanks again.
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Hi, thanks for getting back to me and for your help.
I moved as forward as I could at the time of parking as there were cars in front of mine.
Here is the full PCN:
(https://i.imgur.com/ShGDI4P.jpeg)
(https://i.imgur.com/b7KRGUW.jpeg)
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The way to win this will be the grounds on their website.
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Post the full PCN with all details or post the council's pics.
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So here: -
https://maps.app.goo.gl/H4CoyRtmf5vnqMELA
I'm afraid the contravention looks made out, as the kerb is dropped on both corners. Could you not have moved forward a bit into the gap visible beyond your car ? Basically, they wallop you for this contravention because they can't do it for "obstruction", (of the corner, reducing visibilty), as that is a police matter. Of course the kerbs on both sides have to be dropped, but here they are.
Of course there may be a "technical" appeal, nothing to do with the contravention, like PCN errors etc, so please post the full front of the PCN, plus the back. OK, I know it may be a PITA but sometimes an error of content is fatal to their enforcement.
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Hi everyone,
I got home from work late recently and my street and adjacent streets were full. It was raining and I parked on a side road. I couldn't see any yellow lines and the curb didn't look obviously dropped at the time. I've seen other drivers park there frequently(including on the pavement) so I assumed it was rational.
The next afternoon I found a PCN on my car with code 27.
Is there any chance of an appeal on this?
Ive attached some images below.
Thanks in advance.
(https://i.imgur.com/xVXyckS.jpeg)
(https://i.imgur.com/AgR1gwW.jpeg)