Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Korting on February 04, 2025, 10:07:13 am
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DNCed. ;D I will chase up why. They also issued a charge certificate after the appeal had been filed and I had put them on notice that I would be asking the adjudicator to direct them to attend re other matters. Was due to be heard on 4th July. More to follow.
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Tosh. I say Tribunal time. Happy to do this one.
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I've had a reply from Haringey as in the pictures. I'm away for a few days and probably wont be able to check posts.
https://imgur.com/a/TUFdRfG
https://imgur.com/a/Gij4TQC
https://imgur.com/a/6MIVUHX
https://imgur.com/a/RkHg9kN
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That'll do nicely.
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I've submitted the following appeal:
I am appealing this on the basis that there is a Procedural Impropriety.
The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;
This has been tested and heard by an adjudicator at London Tribunals.
I refer to case ref no: 224038612A, PCN No: ZN12830954
The adjudicator found that the PCN was invalid and directed Haringey Council to cancel the PCN.
That being the case, I consider that a) the Penalty exceeded the amount to pay and that there has been a procedural impropriety. I therefore submit that this PCN should be cancelled on the same grounds and look forward to receiving your reply cancelling this PCN.
I also attached a copy of the adjudicators decision.
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The PCN is invalid and I am happy to represent you.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/haringey-52(m)-pcn-nor-help-(downhills-park-rd-n17)/msg54603/#msg54603
The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.”
The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;
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Advance sign here: -
https://maps.app.goo.gl/Vfv3XGZ9rsQSj2x97
I think sun on the sign means the GSV view doesn't show the times so to confirm, we'd need up-to-date photo.
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Google street view here: I was turning right into Woodlands Park Avenue.
https://www.google.com/maps/@51.5860767,-0.0935943,3a,90y,192.54h,56.92t/data=!3m7!1e1!3m5!1sj0nXpLFwR4wCqjy5dsH0qw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D33.081716805426026%26panoid%3Dj0nXpLFwR4wCqjy5dsH0qw%26yaw%3D192.53752478148482!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDEyOS4xIKXMDSoASAFQAw%3D%3D
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Any chance of a GSV link to the location?
Left or Right turn into Woodlands Park Road?
Any advance warning signs?
Not sure if Haringey are re-offering discount in rejecting reps made in discount period - others will know?
Any reason for missing signs?
There may be something wrong with PCN/website - others will know.
Is video on Council website -please post here.
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I've been very remis and failed to act on this, I can still appeal but have to do it TODAY.
After I made the turn into Woodlands Park Road, it was too late to stop as I'd have been obstructing traffic on the main road.
Any chance of formulating an appeal?
https://imgur.com/a/uBN0JnU
https://imgur.com/a/JZGYE7N