Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: oldnebraskan on February 16, 2025, 03:36:15 pm
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At least you've saved yourself £55 at least.
The only think I can think of immediately are the Mary Harding etc cases on wording.
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Hi all,
The adjudicator has now come back to me confirming they have accepted my "out of time" appeal and a hearing has been scheduled for June 2025.
Can someone please advice what would be a good argument to present to the adjudicator for PCN - Contravention code: 23L?
Maybe @stamfordman if you have any further advice I would appreciated it.
Thank you in advance all
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Not sure if its possible but I can provide evidence from Easyjet with the flight dates and times.
Can someone please help confirm what would be the best argument to appeal this PCN with the adjudcticator?
Thank you.
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I was in Portugal (where I'm from) from 12th Feb to 20th Mar.
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The date of Charge Certificate is the 19/03/2025 so I guess 28 deadline was the 19th.
No, the earliest they could serve a CC was 21 March. They pre-empted this by issuing 2 days before. It's risky, but they managed it.
For the late appeal to be considered would I just appeal as I would normally would (using the code provided) and then provide an explanation for the late appeal or would the process be different?
No, you appeal and give reasons for why it's late.
I returned home on the 20th
Let's not dance around this pl. Where were you, for how long, when did you leave and when did you expect to return?
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I returned home on the 20th and I have been catching up on all the post received since I got back.
I honestly did not expect the council to respond to my formal appeal so quickly (in the past I have seen this taking a month).
The date of Charge Certificate is the 19/03/2025 so I guess 28 deadline was the 19th.
The adjudicator may register a late appeal as is made clear the last para. of the NOR.
I have seen the paragraph you mentioned (Thank you). Guess the only option now is to make an appeal to the adjudicator and hope they accept the late appeal?
For the late appeal to be considered would I just appeal as I would normally would (using the code provided) and then provide an explanation for the late appeal or would the process be different?
Also for the adjudicator what would the best appeal be for this PCN?
Thanks
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Let's cut to the chase pl, time is not your friend.
Unfortunately since my last post I have been traveling and unable to read any letters received and as result I was unable to fill my representation with the adjudicator.
Your statutory right expired on 20 March, 3 days ago. Where were you from 20 until today? The adjudicator may register a late appeal as is made clear the last para. of the NOR.
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Hi all,
Hope you all doing well!
Following my last post and formal appeal to the council I have now received both the Notice of Rejection and Charge Certificate.
Unfortunately since my last post I have been traveling and unable to read any letters received and as result I was unable to fill my representation with the adjudicator and as result the council is now demanding a full payment of £165 (£110 + £55).
I have now got less that 14 days to make payment before they apply for enforcement.
Can someone please advice:
1 - Do I have any chances of taking this back to the adjudicator or since the 28 days have now passed I'm no longer eligible?
2 - Just accept that I missed the deadline and just pay the £165
Images:
Notice of Rejection -> https://imgur.com/a/AtXPlvv
Charge Certificate -> https://imgur.com/a/G6WfeFQ
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Asking for discretion is open to any PCN and they must consider it but it's unlikely to succeed. They will probably reoffer the discount as otherwise you have nothing to lose by taking it to the tribunal which involves costs on their part.
These cases concern the PCN wording. The first shows they should have used the suffix 2 as I said.
https://drive.google.com/file/d/1XqKhehvagEzi4MgvPQZEk65cZ2VuCDDg/view
https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV/view
But:
https://drive.google.com/file/d/1duurfYJ4orQSwrQhRNYL1wgYnXtEpheb/view
The order is probably in order:
(https://i.imgur.com/gZ3SdTu.png)
Thank you again @stamfordman for your advice and sharing the other cases. I will submit an appeal as time is running out to see what they say and will provide an update once I hear back.
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Asking for discretion is open to any PCN and they must consider it but it's unlikely to succeed. They will probably reoffer the discount as otherwise you have nothing to lose by taking it to the tribunal which involves costs on their part.
These cases concern the PCN wording. The first shows they should have used the suffix 2 as I said.
https://drive.google.com/file/d/1XqKhehvagEzi4MgvPQZEk65cZ2VuCDDg/view
https://drive.google.com/file/d/1QtmX9lLTLTQx6uRa9NDzJvfXcJuhzylV/view
But:
https://drive.google.com/file/d/1duurfYJ4orQSwrQhRNYL1wgYnXtEpheb/view
The order is probably in order:
(https://i.imgur.com/gZ3SdTu.png)
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In terms of appeal options and seeing that my car was only observed by 1 minute by the officer would I only stopped for a few minutes be the right selection? This will probably still be rejected by at least I could see if they offer the discount again.
(https://imgur.com/Z85dQjt)
As always appreciate any advice.
[attachment deleted by admin]
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Goods vehicles are defined as vehicles constructed or adapted for carrying goods so you couldn't use this bay for loading.
The contravention doesn't say what class can use the bay and the suffix l just means loading place. Some appeals have been won on this but it's not a sure fire win.
We can also check Barking has a correct order for this bay.
(https://i.ibb.co/wZfYZnbW/b3.jpg)
(https://i.ibb.co/ymLqGR1L/b2.jpg)
(https://i.ibb.co/7JY0p4G9/b1.jpg)
Thank you @stamfordman for a quick reply. I have also just noticed that the location just mentions Heathway (Dagenham) but there isn't a specific location
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Goods vehicles are defined as vehicles constructed or adapted for carrying goods so you couldn't use this bay for loading.
The contravention doesn't say what class can use the bay and the suffix l just means loading place (suffix 2 is goods vehicle loading bay but the main wording should say what you've done wrong. Some appeals have been won on this but it's not a sure fire win.
We can also check Barking has a correct order for this bay.
It may be that you best bet is to get the discount back which they will probably offer when rejecting anyway.
(https://i.ibb.co/wZfYZnbW/b3.jpg)
(https://i.ibb.co/ymLqGR1L/b2.jpg)
(https://i.ibb.co/7JY0p4G9/b1.jpg)
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Hi fellow members,
I'm seeking advice on whether it's worth appealing a PCN that has now reached the Notice to Owner (NTO) stage. I've been dealing with some medical issues, which unfortunately prevented me from addressing this PCN sooner.
Contravention code: 23L - Parked in a parking place or area not designated for that class of vehicle (loading place).
In December 2024, I stopped my car for less than 10 minutes (as recorded by my dashcam) to drop off a package at the post office. Upon returning, I found an enforcement officer issuing me a PCN. He stated the parking space was designated for loading only. I pointed out that other vehicles were parked similarly (see attached images), but he didn't offer an explanation and walked away.
In the original PCN one thing I noticed was that the officer observed my parked car for 1 minute before deciding to issue the PCN. Again the other cars in the same area didn't get a PCN (see pictures).
Given that the PCN is now at the NTO stage and the discount is no longer available, I'd appreciate any advice on the following:
- Do I have reasonable grounds to appeal this PCN? If so, what arguments should I use in my appeal?
- If my next appeal is rejected, should I take the case to the adjudicator?
Any insights or experiences you can share would be greatly appreciated.
Location google - https://maps.app.goo.gl/tcKdwhxYshgCaDJz8
Images:
1 - PCN and NTO letter - https://imgur.com/a/OJAnfSN
2 - My Pics - https://imgur.com/a/RUFkcDX
Kind regards,