Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bennjiboy on June 20, 2023, 03:59:08 pm
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Outcome (https://drive.google.com/uc?id=17-sRoQ5-hc6VhjBEo61pdv52xCA_jQgZ).
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I'll drop you a PM.
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ok well it seems a no brainer that if you feel there is grounds for appeal where i cannot be worse off then happy to run with that.
what are the next steps please?
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You don't have to attend (I can attend for you), and the worse possible outcome is that you have to pay the three penalties at the £130, which is the same position you're in now.
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yes i read it wrong on the discount.
if it goes to tribunal, do i have to attend, and if i lose what is the possible outcome?
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the website still states £130 on all 3 with the below message - i have 14 days from the service date of the letter being 13th July so 27th July is the deadlien to get the discount to £65
The Notice of Rejection is dated 17 August 2022 so the discount expired on 1 September 2022, and there's nothing in the covering letter of 13 July 2023 to suggest the discount has been extended, on the contrary the letter explicitly says they now want £130 per PCN.
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The videos look clear-cut:
EF95092926:
https://www.youtube.com/watch?v=3w2-4tmtfoo
EF95089182:
https://www.youtube.com/watch?v=XekFzsn-xjc
EF95096927:
https://www.youtube.com/watch?v=miNeckJHwyo
However if the discount is gone, there's no point in just paying now and there is one technical argument that could be pursued: the grounds for representations stated on the website don't match the legal grounds at all.
I'm happy to run the argument for you and if you're lucky something might turn up in the council's evidence pack for the tribunal. You certainly can't end up any worse off.
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PCN EF95089182 EF95096927 EF95092926
REG WG22BHY
the website still states £130 on all 3 with the below message - i have 14 days from the service date of the letter being 13th July so 27th July is the deadlien to get the discount to £65
There is an outstanding charge of £130.00 for this Penalty Charge Notice. Please don't make more than 1 payment attempt, the payment may take up to an hour to update on the system.
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You need to give us the PCN number and the number plate please.
Also, is the council website requiring the full amount or have they extended the 50% discount?
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yes a copy was included with each on the order for recovery
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Was a copy of each PCN enclosed with the corresponding Order for Recovery?
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attahced with some info redacated, if you need any of it i can provide just not sure how much to redact - thanks!
all 3 are identical, apart from the time / date and reference numbers
[attachment deleted by admin]
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Show us the correspondence you have received please.
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Hi, so received notification today that they received the Stat Dec, and the debt reg fee and charge cert surcharge are cancelled, however the original penalty charge stands at the rate of £130, reduced to £65 if i pay within 14 day (multiply by 3 for the 3 offences)
Is it now time to pay, or is there anything else i can do?
Thanks in advance...
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ok thank you, it was such a rush in the end to do this i didnt leave time, will update when i hear back
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no, in my confusion i think ticked the box that states below, but i didnt make a copy but im 90% sure i did
i appealed the parking/traffic adjudicator against the local authoritys decision to reject my representation, within 28 days of service of the rejection notice, but i have had no response to my appeal
no excuse, but my head it in the proverbial shed, and i thought at the time that was the correct box, but on reflection maybe it should have been the one you wrote?
I wish you'd checked with us first.
It is possible we might be able to dig you out of this whole, for now all you can do is wait and see what turns up in the post. The council will refer the case to the tribunal and the tribunal will require you to provide a copy of your appeal, which you can't supply as you didn't appeal. Not all is lost, I have dragged a case back from the abyss in the exact same circumstances below, it's just a bit of a pain to sort out all the paperwork. Just let us know when you next receive something.
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no, in my confusion i think ticked the box that states below, but i didnt make a copy but im 90% sure i did
i appealed the parking/traffic adjudicator against the local authoritys decision to reject my representation, within 28 days of service of the rejection notice, but i have had no response to my appeal
no excuse, but my head it in the proverbial shed, and i thought at the time that was the correct box, but on reflection maybe it should have been the one you wrote?
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so does this mean it goes back to the original fine amount? do i just then pay that?
No, stop trying to give money away.
Looking at the timelines it seems to me you have grounds to appeal on the basis of delay, which should see all the PCNs cancelled. Please confirm exactly which box you ticked on the form you sent to TEC, was it "I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice"?
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ok thanks, however just received notice for all 3 today
1. it is ordered that the order for recovery of unpaid penalty charge be revoked
2. it is ordered that the charge certificate be cancelled
3. this does not cancel the original PCN, the local authority may take further action on it. i can contact them, or wait for them to contact me
so does this mean it goes back to the original fine amount? do i just then pay that?
thank you
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You need to read the advice here https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/ on how to post documents.
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trying to attach but get this error, file is only 192kb so its not the size
An Error Has Occurred!
The upload folder is full. Please try a smaller file and/or contact an administrator.
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do i need to redact information?
Only your postal address.
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do i need to redact information?
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i ticked the box that i appealed, but on reflection i should have ticked the box above that i made representations!
my mum got a serious health situation and is in end of life care and my head is all over the place - can i contact them to change this error?
Post up the Order for Recovery please.
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i ticked the box that i appealed, but on reflection i should have ticked the box above that i made representations!
my mum got a serious health situation and is in end of life care and my head is all over the place - can i contact them to change this error?
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ticked the box stating i appealed but had no response
Are you sure? Or did you tick the box to say you made a representation to the enforcement authority but did not receive a response?
An appeal and a representation are two very different things, hence we need to know exactly which one you ticked please.
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ticked the box stating i appealed but had no response, the same on all 3, signed and witnessed by solicicitor
there was no box option for an officer of the company
what will happen next?
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Just to confirm, what reason did you tick on the statutory declaration form?
Also, did you tick the box at the bottom of the form for "an officer of the company"?
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looking for next steps advice on this, i returned the stat declaration last week
http://forums.pepipoo.com/index.php?showtopic=147612
Thanks in advance.