Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: keerthy on November 13, 2023, 12:09:43 pm
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So you got a notice of rejection giving you 3 options:
1) Pay £65 within 14 days, or
2) Pay £130 within 28 days, or
3) Appeal to the tribunal within 28 days.
The notice of rejection warned you that if you did nothing, you could end up with a charge certificate which would demand £195.
You took none of the three options and have now ended up with a charge certificate.
If you had some truly compelling reasons why you couldn't deal with the notice of rejection within the timelines you were given , you would have no doubt said so. Sorry to be blunt but from what you've told us, it sounds like the only reason why you were unable to pay the £65 charge is a lack of prioritisation on your part.
In the circumstances, I can't see any grounds to apply to the tribunal for an out of time appeal and I have little doubt that such an application would be rejected.
In the circumstances, the only thing you can do is pay the £195 charge before the charge goes up even more, and if you're ever in such a position again please come here as soon as you get any correspondence from the council. When it comes to council PCNs, missing deadlines can be fatal to your chances of success.
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I think I would register an appeal with London Tribunals on the statutory grounds of "the penalty exceeded.......in the circumstances of the case". You can then explain that you were offered the discount in their letter of refusal of reps, but you were unable to make payment using their payment facility.
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PCN : BZ99546678
Received PCN BZ99546678 for contravention on 50r Performing a prohibited turn (no right turn) at Dagenham Heath on entry to LIDL.
1) 14/08/2023 : PCN Received, attachment-1
2) 12/09/2023 : See below my First appeal to the council. See attachment-2
"I received the letter from PCN after a challenging 14-day notice period, but unfortunately, I didn't have enough time to thoroughly look into it. When I finally sat down to pay, I was taken aback by the requirement to pay the full amount upfront. This seems rather unfair as I should only be responsible for paying for the 14 days mentioned in the letter, especially since I still have time to dispute and potentially revoke the letter"
3) 14/09/2023 : Received response from council allowing me to pay reduced amount within 14 days or appeal within 28 days. See attachment-3.
3) 02/10/2023 : Second appeal to the council: When I tried to make the reduced pay it didn't accept. So I thought of appealing to the council again for the reduced amount. See attachment -2 - 2ND PAGE.
"I received the letter from PCN after a challenging 14-day notice period, but unfortunately, I didn't have enough time to thoroughly look into it. When I finally sat down to pay, I was taken aback by the requirement to pay the full amount upfront. In my view, this seems rather unfair as I should only be responsible for paying for the 14 days mentioned inthe letter, especially since I still have time to dispute and potentially revoke the letter.
So please allow me to pay £65 to settle the PCN because of the above reasons.'
-Question 2 : 'Would you like to upload any other documents to support your case?'"
4) 01/11/2023 : Received council rejection dated 01/11/2023 , see attachment .4. FIRST PAGE
"As you have not provided any further information which would enable us to review your case regrettably we are unable to engage in any further correspondence with you at this stage"
5) 03/11/2023 : Charge certificate received with increased amount to pay. See attachment .4. FROM 2ND PAGE
Amount increased from 130 to 195 and to pay within 14days.
Please take a look and advise me what can be done.
Thanks for your help
[attachment deleted by admin]