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Messages - fuziduck

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1
Thanks Hippocrates. I had previously read this, but incorrectly thought they had corrected the wording in my case.

Therefore, based on this, I should make my appeal online and state the following:

Quote
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 £195.00 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;


This is a copy of what you had linked me to.

I could perhaps add a reference to your recent case:
Quote
I refer to the case reference 224038612A of the Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London)
Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England) Regulations 2022 where S Stanton-Dunne stated "I find that the PCN in this case is not valid. The PCN must explain that, if no
representations are made and, if payment of the penalty charge has not
been made, before the end of the period of 28 days beginning with the date
of service of the PCN, then an increased charge may be payable." and subsequently allowed the appeal.

For my understanding in plain knowledge and to help me confirm what I think this means, can it be summarised as follows:

If I were to appeal (representation) the notice (on any grounds), the section that discusses the charge certificate is not clear that this timeline of 28 days to issue a charge certificate is paused or not whilst an appeal is ongoing.

Therefore on this technicality, the notice is invalid and must be cancelled?

2
Hi Incandescent

I don't think the deal was dodgy per se. I just didn't get a receipt when I made the purchase, and we carried out the transfer online there and then.
I kept the New Keeper section of the old V5C which does not contain previous owner or trader details, and the new V5C that came in the post does not provide details anymore of the previous keeper or trader.

I am chasing up a receipt in the meantime, but don't expect to get anything back in all honesty. (I do have their full name which I could provide on the appeal?)

3
Haringey Council PCN 52(M) Failing to comply with a prohibition on certain types of vehicle (motor vehicles) Culvert Road N15 (junction with Grove Road) (X2)
This alleged contravention was seen and recorded by an unattended road side camera Ua152


I purchased a vehicle and it was parked in a resident only road with resident permit requirements.

The car was purchased an hour after the vehicle was caught being driven past an unattended road side camera.
I have a copy of the DVLA email which confirms the registered keeper changed 55mins after the contravention, but I am not sure if this is acceptable proof of ownership?

I do not have a receipt for purchase of the vehicle and I do not have the address details of this company / salesman (I do have a name).

Should I appeal the penalty on the basis that I was not the owner? This is an option on the form, but states I should provide name and address of the person to whom the vehicle was acquired if this information is in your possession.

Do we think there is a good chance of having this penalty notice cancelled with the DVLA email evidence I have, or should I take up the offer now of the reduced penalty charge of £65 rather than £130?

I have checked the PCN and believe it is fully compliant and no flaws based on the excel sheet from this site.

Any advice greatly appreciated.



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