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Messages - stevec

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2
Thank you again @Incandescent!

I have downloaded the PE3 form but I don't see that I can claim my case falls under one of the three scenarios i.e
- I did receive the PCN
- I made representations on three occasions and they responded each time, although they did not follow through and reduce the fine to £65 as they said they would in the last rejection letter
- I have not yet appealed to the Parking/ Traffic Adjudicator as I have been waiting for a formal response to my request to reduce the charge

So I don't see how I can match my case to one of these three reasons, or am I missing something?
Am I able to claim their most recent rejection notice was not valid because they did not address my question about the reduced fine?

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Thank you @Incandescent!

How do I go about doing that? Can you please point me in the right direction?

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Hi @Hippocrates, @mrmustard, @H C Andersen,

The PCN challenge status has changed (see below), albeit subtly, since my last post.

They have removed the red banner saying "The amount outstanding on the Charge Notice Will get registered at the Court and increase to £205 very soon. Please pay £195 now" and replaced it with a blue banner saying simply "Please pay £195 now".

They have also added a red banner saying "The PCN is past the stage at which you can challenge it or make representations".

I'm not sure what to make of these changes but I'm assuming it means they are ignoring anything that I submit through the 'further evidence' option, which would explain why they have not responded to my requests to reduce the outstanding charge to £65 as promised in their letter of November 14th.

I would appreciate any advice you can give me on what to do next?

Thank you!


5
I submitted my 'additional evidence' on December 25th and have still not received any response so I suspect Lambeth have decided I was not eligible to make any further reprensentations. Highly frustrating of course as I was only asking them to honour what they had stated in their letter which was to allow me to pay the reduced rate of £65.

Assuming they are not going to correspond with me further, what are my options now?

What happens if they do progress to applying to the County Court to recover the full amount?
As you might have gathered, I have never arrived at this stage with a PCN. I have either appealed successfully at the first stage or paid the original discounted amount, so this is new territory for me.

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Hi @Hippocrates,

I'm not sure what you mean?

I keep checking the payment link on the Lambeth website to see if the amount changes but it is still showing £195.



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@HCAnderson,

Here is the supporting evidence form I submitted on November 28th.


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Happy New Year all!
I have an update on this PCN for you.

I took the decision at the end of November to give in and pay the reduced amount of £65 while it was still available. However, I attempted to do this on November 28, within 14 days of the date of the previous letter, but the amount I was being prompted to pay was £130.

The only suitable way I could find to contact Lambeth Council about this was to submit their letter to them as 'additional evidence', explain that I was not seeing the option to pay £65, as the letter stated I would be able to, and requested that I be informed how to pay the reduced amount.

I was away over December for a few weeks but kept checking the Lambeth PCN payment link to see if they prompted amount would drop to £65. It did not.

I returned at the end of December to find the response letter below waiting for me. Instead of addressing my question about the PCN amount, it seems to be a canned response, virtually identical to the original one they sent, rejecting my appeal.

I continued to check the PCN payment link but it has now gone up to £195.

As soon as I saw this, I re-tried the 'additional evidence' approach, again submitting their letter of November 14 which stated I had 14 days to pay the reduced amount of £65, pointing out that the amount had now been increased to £195 and asking for someone to get in contact with me to explain how to pay the reduced amount.

I do not have much faith in receiving a useful response so wanted to ask here what you suggest my next step should be?

As always, thank you for your sagely advice in advance!


11
I've now received the latest response from Lambeth Council.
As they did last time, they have rejected the grounds of the signage not being clear, which was to be expected.
However, they make no reference at all to the grounds of their not having the right to transfer liability.

Do I submit a third appeal and draw their attention specifically to those grounds?



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Apologies for not being clear in my last post.

It's scenario 1; the PCN was addressed to my LLC and yes, I made the representation without specifying my position and authority at the company.

So should I resubmit the same representation as before but stating I am representing the LLC in my capacity as director?

Is it still worth submitting the 'signage not clear' grounds, given they have already rejected that?
Or should I just go with the "council did not have the right to transfer liability" grounds?

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Actually, no, the name on the PCN is my limited company and the PCN was sent first to the registered office address before it was forwarded to me at my home address. Didn't really think of that when I submitted he representation....

I'm a director of the limited company but the registered keeper is the lease company so I can't submit an representation on their behalf.
However, as the PCN was sent to my limited company, can I resubmit the representation as a director of that company? Or will that not help my argument that the PCN should not have been transferred to me?

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I received the following response today from Lambeth Council via post. As you suspected @mrmustard, they have rejected the grounds of inadequate signage.

Regarding the point of their right to transfer liability, they actually start the letter by saying they are unable to consider a representation from a third party, given I am effectively unknown to them as the registered keeper of the car will be the leasing company.

They say they have put the case on hold for 14 days to allow the registered keeper to make the representations on my behalf or make the discount payment of £65.
Given the leasing company will not do that; as far as they're concerned, liability for any parking fines are my responsibility under the leasing contract; what should my next step be?




15
I made my representations yesterday evening, using both points advised by @mrmustard.
When I submitted it, a message was displayed saying "Unfortunately, we have been unable to send a copy of your challenge by email. Your challenge has been logged and will be processed by one of our officers promptly".

Not sure why they were unable to send an email but I assume I'll receive a response by post. I shall update this thread here when I do.

Thanks both to @mrmustard and @Hippocrates for your help so far!

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