Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Maj14 on October 07, 2024, 01:51:30 pm
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@Maj14 let Mr Mustard handle this for you, I'm sure if it gets to the tribunal he'll throw the GLA argument in for good measure.
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The council may have transferred liability based upon a set of dates for the lease without seeing the detail. We may be able to argue that you are not the keeper but I need to see the full agreement to help with that. Please email me directly at mrmustard@zoho.com I also have a part heard appeal which may give rise to another ground. I can be your representative at adjudication. Your wife needs to start looking for signs, turning left here is obviously wrong.
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Submit representations that the PCN has been served out-of-time. That's all you need say. Let them explain why it is in time.
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Thanks I thought 5 months was strange too. Also if it was served to me in a timely manner, potentially the second third offence were avoidable!
I've just spotted that my name is spelled incorrectly on the PCN. (My name is Amit but it's addressed to Armit). The address is correct.
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There's something a bit fishy here !
Date of alleged contravention - 30/04/24
Date of PCN - 01/10/2024
So a full five months has elapsed.
However, as your car is leased, the first PCN would have gone to them. They would then, (if they're up-to-speed with the enforcement process), have submitted reps that they are a lease company, and supplied your name and address. The council then, under the regulations, should have accepted their reps, sent a notice of cancellation, and then served a second PCN to you.
The council have 28 days to serve the first PCN, then the lease company have 28 days to respond. After the council accept their reps, they have another 28 days to issue the second PCN. So time can pass, but five months makes me suspicious that the council have served your PCN out-of-time. The key date is cancellation of the first PCN.
So, is the name and address on your PCN correct in all detail ?
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Hi Neil, the car is leased.
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Can you just first confirm whether the car is leased?
Or do you hold the V5C?
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Hi all,
I have seen a few others post the exact same PCN which has successfully been challenged - "No Left Turn Tilling Rd Junction Brentfield Gardens NW2".
To add to my issue, when I log in to my PCN (date of contravention 30/04/2024, date of issue 01/10/2024) I can see that two further PCN's (date of contraventions 28/05 and 04/06) will likely be issued for the same contravention. Frustratingly these are all from my wife following Waze which lead her to believe she could turn left!
If I've done it right, the PCN can be seen here: https://imgur.com/a/dqOI0tO
Would really appreciate any help here - this is my first PCN that I need to challenge so I am not familiar with the appeal/representation process in the slightest!
Thank you!