Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: TomRomford on March 15, 2025, 08:51:15 am
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Thank you everyone for your advice, and especially to MrMustard for his successful representation. :)
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OP, park your ideas and embrace others pl.
For others, the glaring procedural impropriety is to be found with this statement in the NTO:
'The penalty charge must be paid not later than the last day of the period of 28 days beginning with the date of this Notice to Owner'
(their emphasis)
The regs require the following:
3) A notice to owner must, in addition to the matters required to be included in it under regulation 3(2) of the 2022 Appeals Regulations, state—
......l
(f)that the penalty charge, if not already paid, must be paid within “the payment period” as defined by regulation 3(2)(a) of the 2022 Appeals Regulations,
which define the 'payment period' as:
the period of 28 days beginning with the date on which the notice is served (“the payment period”).
They've only been doing this for 17 years this month, they'll get it right eventually..but whether in my lifetime I don't know!
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Thank you for your reply. Wouldn't it be easier to use the fact that the photo evidence is missing..? and say something like: "The photographic evidence does not correlate with the alleged contravention, as it does not demonstrate the vehicle's presence at the stated location on the indicated date."
Many thanks!
There is no requirement in law for photos.
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I would accept mrmustard's advice verbatim and offer of representation.
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Thank you for your reply. Wouldn't it be easier to use the fact that the photo evidence is missing..? and say something like: "The photographic evidence does not correlate with the alleged contravention, as it does not demonstrate the vehicle's presence at the stated location on the indicated date."
Many thanks!
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I can do this for you if you email mrmustard@zoho.com There is a fatal error in the 28 day payment wording.
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Thank you!
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Please post up the full Notice to Owner covering only your name and address. Experts like to see the full picture, not half of it and often find fatal wording errors
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Hi!
I Received a PCN in the post over a month after the alleged contravention. However, I did not receive a PCN on my windshield. The camera evidence box in the letter is empty, and there are no photos available when I check the PCN number online.
Shoud I use representation reason:
" - There has been a procedural impropriety by the Enforcement Authority"
or
" - The alleged Contravention did not occur"
Or are there any other grounds on which I could dispute this PCN?
Any help would be much appreciated.
Thank you!
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