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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Kezzab81 on December 02, 2024, 06:37:17 pm

Title: Re: Richmond council, 52M - Failing to comply, north worple way
Post by: Kezzab81 on December 03, 2024, 10:51:24 am
I have also found out that we are actually entitled to apply for a vehicle exemption as we are residents. We did not do this as we don’t have a vehicle currently, but my husband has work vehicles
Title: Re: Richmond council, 52M - Failing to comply, north worple way
Post by: Kezzab81 on December 03, 2024, 10:33:53 am
Ok, thank you. I think that we have to pay it as it was a car provided to network rail as a favour. We just need to work out if we have grounds to appeal this, due to us being residence and other residents who also did not realise the new sign was there, did not need to pay? Thank you
Title: Re: Richmond council, 52M - Failing to comply, north worple way
Post by: stamfordman on December 03, 2024, 09:52:58 am
There's a difference between being responsible for what a hire contract says and for legal liability for a PCN. The latter falls on the vehicle owner, presumed to be the registered keeper.
Title: Re: Richmond council, 52M - Failing to comply, north worple way
Post by: Kezzab81 on December 03, 2024, 08:34:45 am
Thank you for your reply, my husband is responsible as it was VW demo car, given to his work. The PNC was sent to network rail, so he has to speak or pay those. Do you know legally how long the sign needs to be up before it is enforceable ? We only have a couple of days. He only got this a few days ago but it’s date 21st November.
Title: Re: Richmond council, 52M - Failing to comply, north worple way
Post by: Incandescent on December 02, 2024, 10:09:29 pm
Until you receive a PCN with your name and address on it, you have no role or standing in the enforcement process.

What do VW Finance do when they receive PCNs for cars they have leased out to customers ? Under the law, the registered keeper has responsibility for payment or for appealing a PCN. Hire and lease companies can submit representations stating they are a hire company, and provide the hirers name and address. The first PCN is then cancelled, and a new one served to the provided name and address.

Title: Richmond council, 52M - Failing to comply, north worple way
Post by: Kezzab81 on December 02, 2024, 06:37:17 pm
Limited time to respond, due to the notice going to a workplace. My husband had a work vehicle and has used this road for the last 5 years. We contacted Richmond council who detailed that the sign had just been put upc less than 1 month ago, they due knowledge that other resident such as us, who live on the adjacent road have complained and this has been wavered. However, this being a work vehicle meant we did not receive the notice. We think there should be grounds to appeal as the signs are new and my husband did not notice these as he always uses this road. Can you please help, I will upload PNC.(https://imgur.com/a/PEALz8l)(https://imgur.com/a/EjrnTfW)(https://imgur.com/a/0ah40Ak)

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