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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Haringey 52M prohibition on certain vehicles by road side camera
« on: February 09, 2025, 01:00:05 pm »
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:
This is a copy of what you had linked me to.
I could perhaps add a reference to your recent case:
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?
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?

