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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: wrongberg on October 22, 2025, 01:36:37 pm

Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: Hippocrates on October 23, 2025, 07:48:17 pm
The rest of the PCN please.
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: stamfordman on October 23, 2025, 02:26:19 pm
The driver is irrelevant.

If this is a company car and the company now has a PCN in its name then a company official can make representations but you can tell them what to say or they can nominate you to act for them. But liability lies with the company not you.
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: wrongberg on October 23, 2025, 02:17:25 pm
H C Andersen, good point. It is addressed to the Company Secretary at the Limited Company.

I can't see anywhere on the forms to specify who was the driver at the time.  I guess I just make a representation stating that the PCN needs to be addressed to me personally? Or should the company secretary (I can arrange for this) to say that as it was so long ago we can't see who the driver was?
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: H C Andersen on October 23, 2025, 11:04:07 am
'as I've recently received a PCN'

'likely the PCN went to the lease company first who then gave my companies details.'

OP, are you the addressee on the PCN? 'I have received..' on this forum often means my company/manager or whatever has just handed this to me and told me to deal with it.

You cannot make representations unless you are the addressee on the PCN.
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: mrmustard on October 23, 2025, 10:36:24 am
Just make a representation that the alleged representation is so old you can't remember the events of the day and it would therefore be unfair to pursue the PCN and in addition the PCN apepars to be unlawfully out of time.

I'm happy to handle this for the OP.
Email: mrmustard@zoho.com

I would probably also do a Subject Access Request to find out what has happened.

Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: Incandescent on October 23, 2025, 10:24:08 am
OK, it's leased, so they had 28 days to send the first PCN to the lease company, who then had 28 days to reply. Then on the assumption they submitted reps that were accepted, another 28 days to send out a second PCN to you. Assuming about 10 days for council admin, that doesn't add up to 18 months. So where would the delay be ? The council has to first get the name and address of the V5C holder from the DVLA using a messaging system. So maybe this is it. Certainly when they get your name and address from the lease company, they can act straightaway.
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: wrongberg on October 23, 2025, 09:54:32 am
HI @stamfordman, good point I didn't share. The car is leased so it is likely the PCN went to the lease company first who then gave my companies details.

Anyhow, would the recommended course of action be to appeal the PCN stating that this happened such a long time ago, it is deemed 'out of time'?

Is there anything else I should say or reference in the appeal to help the chances of this being upheld first time around?
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: Incandescent on October 22, 2025, 06:32:43 pm
I can't see any way this could be considered "in time", but strange things can happen and the regulations do have a getout clause for the 28 days, see here Regulation 10, (7) & (8)
https://www.legislation.gov.uk/uksi/2022/71/regulation/10/made

Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: stamfordman on October 22, 2025, 03:44:09 pm
Is the car leased.
Did you move.

But no matter it is surely out of time.
Title: Re: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: wrongberg on October 22, 2025, 03:18:06 pm
Thank you for signposting for me Incandescent, I have now edited the post to match the guidance for new posts.
Title: Re: PCN Received for Contravention 52JM - over 18 months ago
Post by: Incandescent on October 22, 2025, 01:43:33 pm
Sorry, no good without some hard facts like the actual document. Please read this and update your thread
accordingly: -
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/

Title: PCN Received for Contravention 52JM - Hounslow Council - over 18 months ago
Post by: wrongberg on October 22, 2025, 01:36:37 pm
Hi All,

I posted this on Reddit and was recommended I also post here.

Advice needed as I've recently received a PCN from Hounslow Council (England) for an alleged contravention 52JM: Failing to comply with a prohibition on certain types of vehicles.

The date of the contravention is over 18 months ago in April 24. I'm bewildered on this one as I can't even remember being in Houslow 18 months ago.

Is there a specific time frame councils have to give notice for PCNs?

If it's worth appealing, I would appreciate some guidance on what to put for reasons for appeal.

Thanks in advance for any help!

ps/. edited in line with comment, additional links below.

(https://cdn.imgpile.com/f/2t6hpiP_xl.jpg)
https://maps.app.goo.gl/98ov6AAkZzhztGDP9