Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: hamag on October 12, 2023, 05:41:03 pm
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That's absolutely fantastic! Well done all involved ;D
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Morning all,
Just wanted to update people here on this forum of the result of my PCN.
I can happily say that they have allowed the appeal. I feel very happy, not only because of the financial saving, but just the fact that the council was defeated.
All this with massive thanks to the amazing @mrmustard who gets all the credit for this. Despite his busy schedule, he went out of his way to draft all the letters and took the case to the tribunal and did all the paper work. I wouldn't have been able to do it myself, with no experience in this area. and I know for a fact the council would have taken advantage of this. What he offers is truly selfless and I am so grateful for all the help and support he provided with getting this PCN cancelled. Thank you so much @mrmustard. :) :) :) :)
A brilliant performance! I was an observer. :D
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2230542138
The Appellant did not attend but was represented by Mr Disman who based his appeal on the fact that there does indeed seem to have been an inordinate delay of approximately 18 months between the between the issue of the Charge Certificate and the Order for Recovery. However it is unnecessary to decide whether this provides a ground of appeal on the basis of unfairness since at this length of time I am unable to be satisfied that the evidence is there to prove that the restriction was clearly and correctly signed at the date of the contravention. |The signage can hardly be seen in the CCTV footage and the site photographs do not appear to go back beyond 2022. On the evidence I am unable to be satisfied a contravention is sufficiently proved and for that reason the Appeal is allowed.
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Morning all,
Just wanted to update people here on this forum of the result of my PCN.
I can happily say that they have allowed the appeal. I feel very happy, not only because of the financial saving, but just the fact that the council was defeated.
All this with massive thanks to the amazing @mrmustard who gets all the credit for this. Despite his busy schedule, he went out of his way to draft all the letters and took the case to the tribunal and did all the paper work. I wouldn't have been able to do it myself, with no experience in this area. and I know for a fact the council would have taken advantage of this. What he offers is truly selfless and I am so grateful for all the help and support he provided with getting this PCN cancelled. Thank you so much @mrmustard. :) :) :) :)
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Don't contact Ealing. When they see my name when I make representations on your behalf they will sit up straight.
I am busy today but will get this done by Tuesday if I have the documents today.
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Thanks for the help and support. Much appreciated.
I will get those documents sent over by email.
In the mean time, do I have to do anything in terms of telling Ealing council I wish to appeal?
and also what are the chances for winning/losing the case?
sorry about the noob question, I am not too familiar with these things.
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I would also have made the same offer but take Mr M up as he is far more experienced than me
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I managed to find the TEC letter along with another letter from ealing.
[attachment deleted by admin]
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The delay somewhere along the line should lead to cancellation at the tribunal. I am happy to represent you - the Ealing team know me well. Email unredacted copies of everything to mrmustard@zoho.com
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Am afraid I don't have the TEC Letter. I most likely have misplaced it.
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I have attached the docs as request. I have only few days before the discount is gone.
Forget about the discount, as long as you follow our advice you will not be paying a penny. In cases like this, I'm amazed more people don't tell the council to go and put their discount where the sun doesn't shine.
As Pastmybest says, post up the revoking order from TEC.
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What date did you receive the PCN that you have posted
Also plesae post the letter from TEC revoking the CC
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What date did you receive the PCN that you have posted
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You've shown a PCN. Please explain how that is?
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and the last attachment
[attachment deleted by admin]
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Thanks for your relies.
I have attached the docs as request. I have only few days before the discount is gone.
[attachment deleted by admin]
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+1
No good without documents, if you're going for an appeal based on long elapsed time from original PCN and reps.
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The delay should be fatal but we need to see all and i mean all documents from the council and from TEC
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Long story short, it went to TEC, who got them to reset it back to the original amount of £65.
My question.
It has been just over 2 years since the date of the contravention.
As I wrote at PPP
There seems to be a gap here? Have you been served a fresh PCN?
A detailed timeline, with dates, would be helpful.
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Hi,
I received a PCN by Ealing Council for a contravention (Date of offence 24/09/2021 15:01) for entering a pedestrian zone during the hours of operation.
Here! (https://maps.app.goo.gl/34xdgU6bDWsLxhxr5)
The PCN came a few weeks later saying it had gone up as I didn't pay within 14 days, when in fact I hadn't received the original PCN so I couldn't pay it at a discounted rate.
I appealed on their website (Date of Appeal 16/11/2021 10:13) and got screenshots of this (attached) and told them to send me the original PCN so I can pay the discounted rate, but never heard back from them for over a year, when they told me it has now gone up to £195.
Long story short, it went to TEC, who got them to reset it back to the original amount of £65.
My question.
It has been just over 2 years since the date of the contravention. Do I have any grounds to appeal it and get it cancelled as it has been so long?
Many Thanks
Hama
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