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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: turbo on December 01, 2025, 04:27:56 pm

Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Grant Urismo on March 09, 2026, 11:56:19 am: The discount running out is just part of the process, if you go to adjudication the results is going to be (unless there are particularly unusual circumstances) either win and pay nothing or lose and pay the full rate.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on March 08, 2026, 11:16:59 pm: I did message Hippocrates some time ago, but still waiting for a reply. I'm just worried about the 14 day deadline - if the letter was dated 23/2/2026 then the last day to pay £80 will be Monday 9/3/2026 (tomorrow)?
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Grant Urismo on March 08, 2026, 10:22:43 pm: If this was my PCN I'd be risking the full fine and taking it to the Adjudicators. With Hippocrates involved you have more than a 50/50 chance of winning and paying nothing at all.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on March 08, 2026, 09:42:13 pm: The letter was dated 23/2/2026. Not sure if that makes the 14 deadline to be today or tomorrow. Perhaps I should just pay up to avoid having to pay double the fine.....
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on March 05, 2026, 01:50:43 pm: Okay, thanks.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Hippocrates on February 27, 2026, 10:47:39 pm: PM received. Snowed under but will respond.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on February 26, 2026, 02:04:43 am: I'm hoping somebody will respond... :)
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on February 25, 2026, 01:32:53 pm: Received the following rejecting the appeal. Any advice on next steps would be appreciated

(https://i.postimg.cc/mDHWBr3w/Screenshot-2026-02-25-at-13-07-50.jpg)
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Hippocrates on December 03, 2025, 05:38:56 pm: OK
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 03, 2025, 03:29:33 pm: Would be grateful if you could cast your eye over this before I submit it, thanks.

(https://cdn.imgpile.com/f/pAfEALT_xl.png)
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Hippocrates on December 02, 2025, 01:12:36 pm: Forget the 14 days point. The main issue is the missing 28 day increase information.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 02, 2025, 12:53:16 pm: Am wondering if the The "Date of Notice" vs. "Date of Service" Flaw could be used:

The PCN states: "If we receive payment before the end of 14 days beginning with the date of the notice, the amount of the Penalty Charge will be reduced to £80.00." (The date of notice is 27/11/2025).

Legally, a postal PCN is deemed served on the second working day after the date of the notice. The discounted payment period is generally considered to run from the date of service.

The Flaw: If the PCN fails to correctly state that the statutory period runs from the date of service, or if it implies a false deadline based on the date of notice, it can be argued that it is not compliant with the regulations and therefore invalid.

Google suggests case law on this point has become very strict, and many adjudicators now accept the wording on this PCN as compliant, as long as it correctly states the days (14 and 28 days).
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 02, 2025, 11:28:40 am: Thanks for your help Hippocrates
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Hippocrates on December 02, 2025, 10:27:48 am: Quote from: turbo on December 02, 2025, 01:02:24 am
Is that a pdf of the ETA Register of Appeals Case Details reference 2250221909 that I should attach?

Not sure what to screenshot, maybe the Hounslow PCN site under 'Make a Representation' tab when I've entered all the required information before submitting?

pdf of the representations only. I wouldn't mention the case. In the box: contravention did not occur as the pcn is invalid. please see attached file.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 02, 2025, 01:02:24 am: Is that a pdf of the ETA Register of Appeals Case Details reference 2250221909 that I should attach?

Not sure what to screenshot, maybe the Hounslow PCN site under 'Make a Representation' tab when I've entered all the required information before submitting?
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Hippocrates on December 01, 2025, 07:30:09 pm: I would just attach a pdf. and screenshot the page as no grounds are available before you do so. The lack of grounds is an issue for later.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 01, 2025, 07:27:06 pm: So do I just copy and paste the text in the Hounslow PCN site under 'Make a Representation' tab? Do I need to upload any additional info?<br>

Thanks<br>

(https://cdn.imgpile.com/f/7znoMjt_xl.png)
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 01, 2025, 07:10:02 pm: Wow, thanks for your reply Hippocrates!
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: Hippocrates on December 01, 2025, 06:37:16 pm: That's the one. I represented the lady in the case mentioned.
Title: Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 01, 2025, 04:34:07 pm: Was thinking of using suggestion by Hero Member posted on another thread:

"I make these collateral challenges against the PCN in terms of its invalidity:

1. Under If you do nothing the PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £240.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—

(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

2. The PCN also fails to include mandatory information as provided at Para. 4 (8 ) (v) of

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

(v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable.

Clearly, this refers to Para. 4 (8 ) (iii):

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

In light of the above, please cancel the PCN."
Title: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick Common Rd
Post by: turbo on December 01, 2025, 04:27:56 pm: Hello, trying to fight a PCN on behalf of my wife. After some research on this site, would I be correct in thinking that the appeal case of Eleanor Macwhinnie against Authority London Borough of Hounslow is relevant?

(https://cdn.imgpile.com/f/Zc4zvCQ_xl.png)
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