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Messages - Enceladus

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16
@stamfordman
Why isn't this a continuous contravention. The Vespa didn't move from where it was parked, or did it?

17
The LLA&TFL 2003 PCN is dated Tuesday 16th September. 14 days beginning with the 16th Sep is today, Monday the 29th September.
So today is the last day of the discount window.

Get a representation delivered today then they will likely re-offer the discount if they reject.

Post up a draft of what you think you should say.

 

18
My reason for hiding details is to my first point - if it wasn't listed on the website for me to view photos or even to pay after the 12 hours stated (and still after 36) does that invalidate the PCN anyway?

Should I be inputting the PCN on the website to check if it has now shown up, or would that then invalidate any claim that on that point?

I tried to insert the image, but it didn't work, here is a link if not:

M


https://imgur.com/a/OZb21b7
The PCN is useless, you've redacted far too much detail.

Please have a read of the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of the forum. And then repost the PCN with no redactions. Leave everything visible.


19
I suggest you ask them to provide evidence on the PCN he paid. Either there are two against his car, or he paid for somebody else's PCN by mistake.
And also ask for full details of the third PCN AF10804083,  which they say was not paid and is still outstanding.

PCNs AF10804083 and AF101903675 (the PCN the payment was applied to) currently cannot be found on the Redbridge PCN portal.

AF10903686 is found but it says it's beyond the 28 day limit to submit representations. There doesn't seem to be any accessible photos. How did you get them?

However the elephant in the room is the Blue Badge. By virtue of display of the BB father is entitled to a three hour exemption from any yellow line restrictions, providing that there were no loading restrictions in-force at the time of parking. The photos don't seem to show any yellow kerb dashes so that means no loading restrictions applied. You say father parked around 1pm and the first photo is timed at 13:06:42. So the three hours has barely started.

Is the sign in the photos on the same side of the road as where father parked?
Was the car parked to the right or the left of the sign?

Why didn't you, or rather your father, mention the BB in the formal representation against the Notice to Owner? Or did you?

Was the time on the BB clock set correctly? From the photos I can just about make out that there is a clock but not the time that's set. Do you have any clearer photos of the BB and clock as displayed?

And yes the letter does seem to imply that £80 has been applied against the PCN referenced in the NTO and at the top of the Notice of Rejection. The amounts due if you lose at Adjudication or if a Charge Certificate is issued are incorrect. They can only be reconciled if a part payment of £80 has been applied.

20
Rather than posting transcripts its better to post images, photos or scans, of documents. Just cover or otherwise redact your name and address. Please leave everything else visible.

Details on posting images can be found in the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of this forum.

There's a handy forum guide for your circumstances. See here.

21
Yes. My thoughts are that I still don't know who is the Registered Keeper as held by the DVLA on the day of the alleged contravention.

Is it a finance or lease company at their address?
Is it your company at the companies address?
Is it your company at your accountants address?
Or is it you personally at your own address?
Or who and where?

You were badly advised by DART. A Witness Statement on it's own will not suffice, the matter has progressed beyond that. You would also need to support the WS with an Out of Time application. DART can and likely will oppose any such application.

However you can only submit a WS & OOT if you are the person named on the Order for Recovery or the Notice of Enforcement.

Do you know whether the alleged contravention occurred before or after you setup the auto-pay?

Actually an enquiry on the DART website using your VRM returns "There are currently no PCNs outstanding on this vehicle".

22
Thanks ever so much - I am new and struggling to navigate slightly. Where are the sticky thread instructions?

I could also provide clear evidence I was coming from Havil Street as have nursery documents which show pick up times.
Please see my reply #1 above. There's a link in the text to the sticky post.

23
Email the Tribunal or telephone. Ask them to change the hearing to one in person. In the case of the TPT that means telephone hearing.

When we get your evidence together mention the "issue date" on page 3. It's misleading but I'm not sure an adjudicator will give it much credence. However it's arguably evidence that the Southampton PCN case management system is flawed. Really the system should have picked up the correct issue date and date of posting of the PCN as being the 16th July.

24
Please post up a Google Street View link.

So father parked on a single yellow during the proscribed hours and displayed a Blue Badge.
What time did he park at?
Do you know if there were any yellow dashes on the kerb?

Yellow dashes would indicate a loading restriction applied.


25
Please post up the first PCN and a list of all the others, providing they are identical. Please leave everything visible. Redact/obscure your name and address.

Have you had a Notice of Rejection yet for the first PCN. If so, please post it up.

Instructions for posting documents and pictures are in the  READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of this forum.

What's the vehicle reg?

26
Another, unrelated private parking entry. It's dated later and matches up with a different matter.
OK but when was the request made to the DVLA?

Have you registered an appeal with the TPT yet?

01/09/2025 = Mon = Date of issue of Notice of Rejection
03/09/2025 = Wed = Deemed date of service of NoR and day 1 of 28 day relevant period
30/09/2025 = Tues = Day 28 of 28 relevant period and last day to pay at discount (as per NoR) or to submit an appeal to the TPT.

If not, I wouldn't hang about. Get the appeal registered and put "further evidence to follow" in the appropriate box. Make sure you ask for a telephone hearing. Not a hearing on the papers. You can always change your mind.

The DVLA log shows that the request (VQ4) was received on the 21st July 2025 and the result (VQ5) was provided the next working day, ie the 22nd July 2025 . So well outside the 28 days provided to issue and serve a PCN.

There is nothing in the DVLA record to support requests having being made on the 3rd June 2025 or at any time before the 21st July 2025. Or that the DVLA failed to respond to any such request.

The V5c registration document for the car was last updated on the 11th August 2024, so the DVLA held the registered keeper's name and address well before the 26th May 2025, the date of the alleged contravention.

The DVLA is the statutory holder and guardian of the data requested, I would suggest that the DVLA's record of enquiries is definitive. The authority might well have intended to request the registered keepers details on the 3rd June however the VQ4 was clearly not actually received by the DVLA. This further suggests a computer or electronic communication failure at the enforcement authorities end.

In any event, even assuming that a request (VQ4) was ever successfully submitted, which is not supported by the facts, to the DVLA on June 3rd 2025 there has been an unreasonable delay with follow-up by the enforcement authority when the expected response failed to arrive. The authority would know very well that a reply should be received the next working day. The authority should have followed up with the DVLA when the response (VQ5) failed to arrive. Waiting until the 27th July 2025 is plainly unreasonable and unjust.

A reasonable person would expect that the authority has routine audit programs running on it's computer systems designed to detect and capture failed transactions and procedures in place to rectify identified cases within the statutory timeframes.

27
Southampton City Council have responded with some records showing that registered keeper details were requested on the 3rd of June with no response received, then the details were requested again on the 21st of July, with a response received the next day.

I have until the 29th of this month to make an appeal, what would you suggest? Does the council also need to demonstrate that the problem was on the DVLA side of things and not with the SCC system?


DVLA SAR response:



SCC letter:

Page 1 of the DVLA letter. What have you blanked out below the Southampton entry?

28
ah it does agree with the V5C. an I (i) replaced with an L (l) I suppose the dealer couldn't read my handwriting. I didn't even notice this till now either
I don't expect the misspelling will help then. The Adjudicator will say it's done to your negligence in not checking the V5c when you first got it.

On the subject of the V5c, what's the docref date? It's down at the bottom of the details page

29
How wrong? Completely different or just one letter?

Find the V5c for the car. Does the name and address on that agree with the PCN?

And yes, you should be able to change the hearing type to a telephone hearing.

30
01/09/2025 = Mon = Date of issue of Notice of Rejection
03/09/2025 = Wed = Deemed date of service of NoR and day 1 of 28 day relevant period
30/09/2025 = Tues = Day 28 of 28 relevant period and last day to pay at discount (as per NoR) or to submit an appeal to the TPT
01/10/2025 = Wed = 1st possible day to issue a Charge Certificate.

The offer to accept the discount rate for 28 days is unusual. Normally it would be 14. So what payment is required online right now? Actually I checked myself and it's £70 which is incorrect with reference to the NoR, should still be £35. Please take a time-stamped screenshot.

Personally I would register an appeal with the TPT, put detailed submission to follow in the summary evidence box. And request a telephone hearing rather than a decision on the papers.

So we have a PCN served out of time and no explanation. And an incorrect demand for money on the Council website

Please send the SAR to the DVLA and post up the response.

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