Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ploppyboom on August 29, 2023, 11:24:53 am
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Jolly good, well done !
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The appeal was sent, just received the response from the council - on this occassion they have decided to cancel the PCN.
Thanks all.
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Thank you
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Make a representation on the delay point, the delay is long enough that it should be more than enough on its own. You can use Mick's draft.
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Sure - WM19 KVT. I thought the grounds would be the unreasonable delay from councils part.
As this was posted on pepipoo forums originally, here's (http://forums.pepipoo.com/index.php?showtopic=149996&st=20) the relevant thread, and below is someone's comment mentioning following:
I would contend that the delay in issuing the OFR falls foul of the Davis-v- Royal Borough of Kensington and Chelsea ( PAS 1970198981) case in that for this enforcement to be lawful the Council has a Common Law duty to exercise its powers with reasonable expedition.
" the unconscionable delay in the case has severely prejudiced the Appellant’s ability to collate and preserve evidence"
Mick
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Give us the VRM so we can see if there's ground to challenge the penalty.
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Hi, I have received the court notice to reset the parking ticket a few weeks back, and today after checking council's website I can see they reset the fine back to £65. The status now says "NTO/Enf. Notice Sent".
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Thanks so much for your help, appreciated, will update in due time.
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The traffic enforcement centre will revoke the order for recovery, the charge certificate and the original pcn (though the order says the opposite, that's just because the template they use is flawed). The council will then issue a new PCN and reset the amount due to £65.
Do not rely on the post, check the amount due on the council website at least once a week until the amount drops back down to £65, once this happens let us know and we'll draft a representation for you.
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Hi, thank you,
this has been signed both by me and the solicitors, and emailed to above address.
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The representations you made were out of time, so the council was within its rights to disregard (i.e. ignore) them. You must therefore tick box 1, indicating that you did not receive the original PCN (which is true), the fact that you did not receive the PCN is what prevented you from making representations within the orignal time limit.
Note that you can't just sign the form, you need to either go to your local county court or local magistrates' court to get it sworn, this is free but you will have to call up to make an appointment first.
Alternatively, any high street solicitor can witness you signing the form for about £5 - £10.
Once the form has been signed by both yourself and the witness, you can email it to tec@justice.gov.uk with the PCN number in the subject line. Once that's all done let us know and we'll advise on the next steps, but I can tell you now that I don't anticipate you having to pay a penny.
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Initially received the second letter (nothing prior) for this PCN after taking a wrong turn on 25/09/2021. Logged in online and submitted an appeal on 11/11/2021, mentioning I never had the opportunity to pay the original £65, asking for the fee to be lowered, have the ref. number as well as the confirmation email for this. Never received anything back from the council since then, for two years, until May 2023 where they sent me the following:
https://ibb.co/2qVbC2Q
I was advised to sit on this until they register the debt, which I did, they most recently sent me the below, together with the PE03 statuary declaration to fill in.
https://ibb.co/3cc3WSt
On the PE03, should I just tick both options 1 - did not receive notice in time and 2 - I made representations but did not receive a response. However should I also mention the length of time under full reasons section?
Online PCN:
https://ibb.co/KhHtVn1