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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Busy_bee on November 18, 2023, 09:00:25 pm

Title: Re: City of Westminster 32d Cambridge Square PCN received after nearly 3 months
Post by: cp8759 on November 19, 2023, 10:36:34 pm

Quote from: Busy_bee on November 18, 2023, 09:00:25 pm

Do we have any grounds to appeal this, given the length of time it took for them to send it?

The time limit is 28 days, so from what you say there are grounds to appeal. However please post up the PCN, all sides of all pages please. Do not redact the number plate or the PCN number.

Title: Re: City of Westminster 32d Cambridge Square PCN received after nearly 3 months
Post by: Incandescent on November 19, 2023, 12:19:14 am

Please post-up the PCN, all sides with name and address redacted. If you blank out the reg number and PCN number we can't view or download the video so if you do this, please post-up the video, because it is the sole evidence of the alleged contravention.
Assuming your narrative is the full story, (and I'm not doubting your narrative), 3 months elapsed between contravention and PCN means the PCN has been served out-of-time.  The only thing is this, how many keepers are recorded on the V5 ? The only source the council have for name and address is the DVLA record for the vehicle. If your PCN is the second, then 3 months could well have elapsed before the council were able to send out a second PCN, and there was a different name and address on the V5 when the council requested details from the DVLA.

Title: City of Westminster 32d Cambridge Square PCN received after nearly 3 months
Post by: Busy_bee on November 18, 2023, 09:00:25 pm

Hi,

(https://freeimage.host/i/JncmJNs)

We received this PCN for failing to drive in the direction shown by blue arrow. I don't dispute the actual contravention, the driver was lost and made a stupid turn.

However, the contravention took place on 31/07/2023 and the date of issue is 27/10/2023. It's a brand new car (in the business name), we are the only registered keeper and it was purchased in May 2023, there have never been any address changes. The PCN was actually sent to our registered business address on Companies House - our old accountants and they passed it on to us. I cannot understand why it went there as the registered address for the car with the DVLA is our home address.

Do we have any grounds to appeal this, given the length of time it took for them to send it?

Many thanks