Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: davem66 on January 04, 2025, 04:56:24 pm
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Good news!
Lambeth dropped the charge.
Thanks very much to everybody here who helped me!
[attachment deleted by admin]
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Thanks for the tip - yes will do!
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It says: "This PCN has been paid. Thank you.
This PCN is past the stage at which you can challenge it or make representations"
Whilst you are waiting for others more knowledgeable than myself to comment Iwould take a dated screenshot of that entry and keep printed copy.
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It says: "This PCN has been paid. Thank you.
This PCN is past the stage at which you can challenge it or make representations"
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What does the online status/history say about the current state of the PCN?
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A quick update - I have now received a refund from Lambeth Council - for the full £195.
I haven't received any letter yet from them. I assume I will receive a letter so I can now appeal the PCN
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In the end I found the relevant Lambeth email address by messaging the Lambeth Twitter account. They advise: "Our parking team can be reached by email using environment@lambeth.gov.uk as this goes directly to the team for them to investigate and advise."
So ... have emailed this department now:
Lambeth Parking Services
Dear sir/madam
Penalty Charge Notice: XXXXXXX
Vehicle registration number: XXXXXXXX
Date of offence: 25/10/2024
Date of Charge Certificate: 23/12/2024
I received the Charge Certificate by post on 3/1/2025, and to avoid a threatened county court case I quickly paid the £195 in full.
However I believe my payment was made in error. I want to appeal the matter and misunderstood where I was in the process because I did not receive the original Penalty Charge Notice in the post.
In fact I did not receive any PCNs or reminders issued earlier, and as such I had no opportunities to make an early payment.
Please reopen the case and refund the payment pending the outcome of a Statutory Declaration.
As I said, I believe my payment was made in error and my bank HSBC confirms it is still pending. Please cancel the payment from your end or otherwise refund as I intend to follow the prescribed procedure to deal with this matter.
Thankyou for your understanding.
Yours sincerely
XXXXXXX
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Does the charge certificate say anything about your rights if you didn't get the PCN.
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Thanks - will try this - struggling to find a way to contact lambeth Council regarding this matter. But will keep searching.
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You cannot challenge a CC.
IMO, email the authority, tell them payment was made in error and is still pending(attach correspondence from your bank) and ask them to cancel the payment from their end or otherwise refund as you intend to follow the prescribed procedure to deal with this matter.
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Can someone please advise me how do I send the letter - by post or email - to Lambeth Parking?
I cant find a way to contact them to challenge the Charge Certificate.
Thanks in advance!
:)
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Have asked the bank to reverse payment and they tell me:
I've checked your account and see that the transaction is not yet posted to the account and it is still on pending.
I wish I could cancel this pending transaction but we do not have that facility at this moment as per the Visa regulations and FCA guidelines.
I would request you to please contact the retailer and request them to cancel it from their end.
If the retailer/merchant doesn't claim the money with in 5 working days then transaction will automatically fall off from the system and the money will be added to your available balance.
... but I dont know how I can request Lambeth to cancel the payment from their end ... seems unlikely
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If I cant reverse the payment is it ok to send?
Is it better to post a letter? More effective?
Also not sure where to send it
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The payment is pending, but not sure if/ how I can reverse it?
Am asking bank now if its possible
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Have you checked whether the payment has gone through and whether you could stop/reverse?
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Does this work better? Thanks again!
Lambeth Parking Services
PO Box 4525
Worthing
BN13 1XT
Dear sir/madam
I am writing concerning PCN XXXXXXX
Vehicle registration number: XXXXXXX
Date of offence: 25/10/2024
Date of Charge Certificate: 23/12/2024
I received the Charge Certificate by post on 3/1/2025, and to avoid a threatened county court case I paid the £195 in full.
However I want to appeal the matter and misunderstood where I was in the process because I did not receive the original Penalty Charge Notice.
I did not receive any PCNs or reminders issued earlier, and as such I had no opportunities to make an early payment.
Please reopen the case and refund the payment pending the outcome of a Statutory Declaration.
Thankyou for your understanding.
Yours sincerely
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Yes I agree - it's strange this letter arrived yet not the others. Must be the last postman was familiar with our postcode, my name and our house.
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I would tone down the wrong address issue. Also, a statuary declaration is an automatic process if you didn't get a PCN and the outcome is a reset.
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What puzzles me here, is that you received the Charge Certificate, but not the postal PCN, yet both would have been sent to the same address as obtained by the council from the DVLA. Maybe your regular postman knew your real address but it wasn't him on duty when the PCN was delivered ?
Anyway, good luck with your submission.
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Here's my draft ... thanks!
Lambeth Parking Services
PO Box 4525
Worthing
BN13 1XT
Dear sir/madam
I am writing concerning PCN XXXXXXX
Vehicle registration number: XXXXXXX
Date of offence: 25/10/2024
Date of Charge Certificate: 23/12/2024
I received the Charge Certificate yesterday in the post, and to avoid a threatened county court case I paid the £195 in full.
However I want to appeal the matter and misunderstood where I was in the process because I did not receive the original Penalty Charge Notice.
I did not receive any PCNs or reminders issued earlier, and as such I had no opportunities to make an early payment. I can only assume this is because your letters were posted to the incorrect address, to an address that does not exist.
I realise my address in the V5C logbook was incorrect, and have now changed it.
Please reopen the case and refund the payment pending the outcome of a Statutory Declaration.
Thankyou for your understanding.
Yours sincerely
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Thanks for the feedback :)
I've just checked the V5C logbook ... and yes it's the wrong address - wrong house address, but correct postcode.
Have changed it online now.
Yes I should have posted on here first - I panicked.
Will write an appeal and post a draft on here first. But who do I contact at Lambeth?
Thanks again - you've been very helpful
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Pity you didn't post here first.
By paying up at this stage you have closed the case and have no further right of appeal to the Adjudicator.
The only suggestion that I have is to write to the Council and explain that you wanted to appeal the matter and misunderstood where you were in the process because you did not receive the original Penalty Charge Notice. And so on. Ask them to reopen the case and to refund the payment pending the outcome of a Statutory Declaration.
Post up a draft of what you want to say first.
And dig out the V5c reg doc for your car. Check the name and address, are both 100% correct and current. I guess they aren't. So get them corrected ASAP, you can do this online at the DVLA site.
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Check the address on your V5C logbook.
Paying closes the case but you can still make representations saying you didn't get the PCN and see what they say. I think that's all you can do.
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I received a Charge Certificate from Lambeth Council yesterday in the post, accusing me of failing to give way to oncoming vehicles, at the infamous Salters Hill in West Norwood, London.
Contravention code 37
I looked at their video, and I dont think I was in the wrong.
But this is the only letter I've received from Lambeth regarding this matter, as I didnt receive the PCN notice or any reminders. The Charge Certificate scared me, threatened an imminent county court case, so I paid the £195 in full. Maybe I made a mistake doing this, as now difficult to get the money back?
I want to appeal, especially as I see now the postal address on the Charge Certificate is incorrect - in fact it's for an address that doesn't exist. This probably explains why I didnt receive any PCNs or reminders, but because of this I had no opportunities to make an early payment, which I would have done just to get peace and quiet from what I think is an obvious scam.
I do not know how the Charge Certificate finally arrived at our address; I assume the postman realised the postal address does not exist so deduced from the postcode it must be intended for our address?
I feel it is unjust for me to pay this Charge Certificate, and I should be given the chance to make the early payment reduced sum, with the Charge Certificate money reimbursed.
Any ideas what I can do?
Do I stand a chance of getting my money back?