Free Traffic Legal Advice

Hi,

I have now received the following from Havering, they didn't issue the re-offer the discounted amount.  I wanted to ask that I was to appeal and loose then the change would be 130£ ? 

https://ibb.co/YB8T3JZ
https://ibb.co/SswdLf9

Thanks
Puneet

Good Morning, I still haven't received anything from Havering, should I reach out to them ?

Hi,

I have received a letter which says thatthe order for recovery of unpaid penalty charge be revoked and that the charge certificate be cancelled.

What happens next ?  Do I receive another one to pay the reduced 60£ fine.

Thanks
Puneet

Hi,

I was visting the property weekly as it was empty and we were still moving and as mentioned I did receive the charge certificate but never received the NOR. I contacted the council on 10th Jan after I had received the charge certificate to ask about the status of the appeal as assumed they might have missed it, only then did I get an electronic copy of the letter that they said had been sent out. As per suggestion from the group I provided them the V5 to update the address.

If you think that there isn't much we can progress with here then please let me know and I will pay the fine, I was hoping that considering that I had not received the NOR then would be allowed to pay the reduced fine of 60£.

I'll scan and upload the pcn and charge certificate tonight.

Thanks
Puneet

https://ibb.co/dKpdh2n
https://ibb.co/KqZyPkt
https://ibb.co/GcZJRvz
https://ibb.co/Sf67Gp2
https://ibb.co/Vv0tqK5
https://ibb.co/5jBpTmC

Location : https://goo.gl/maps/hD4cLTxXTXaVPvJn8

Dear Sir/Madam,

Subject PCN HG81262837, Car Reg HN61LAE
I was visiting the restaurant Delhi live on Victoria road on Friday 16/09/2022 and received the above PCN.I wished to park outside the restaurant Delhi Live and the limited parking would have partially blocked the restaurant's entrance. I parked the car in-front of the restaurant with my son still sitting inside the car and went inside the restaurant to ask if it was ok to park the car in front of their door. In the mean time the enforcement officer came and started preparing the ticket, I came out and told him that I am looking to park at the same place however he wouldn't listen and suggested that I should pay now or it would be a full fine later via post.
I then sat in the car and parked in the space outside the restaurant as opposed to being driven away which is being suggested in the PCN, please see picture attached with time of 2 mins past the time marked in the PCN.
Additionally the PCN fails to inform me of my correct legal position, in that it misstates the period in which I may pay the penalty. It says >
"The penalty charge must be paid not later then the last day of the period of 28 days beginning with the date of this penalty charge notice"
The correct period is defined by S.I. 2022/71 Sch 2 para 3 as >
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the penalty charge notice is served,
The PCN is further flawed where it refers to payment of the discounted amount.
It states >
"If the penalty charge is paid not later than the period of 21 days beginning with the date of this notice the penalty charge will be reduced by 50%"
The correct period in law is stated as >
In Sch 2 para 3
(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount,
The applicable date is defined in section 2 of the main body of the act as >
(b)in the case of any other notice, the last day of the period of 14 days beginning with the date on which the notice is served;

Considering the circumstances and that the PCN contains such gross errors it is invalid and cannot be enforced. I request you to cancel the PCN at the earliest.

Regards