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11
Hi all,

I'm sure many of you have seen this before, £5 turned into a lot more when I told myself I would pay when I get home and obviously when I got home at 11PM at night - I forgot about it until the PCN arrived in the post.

Appreciate any advise!

Images
https://imgur.com/a/bIcQgmH

12
what if NTO disappears in post and only the Charge Certificate arrives?

they mail these PCNs without tracking and then claim it was dispatched at a certain date...
13
Should I use the same reasoning in my formal appeal?

"I challenge liability for this PCN on the grounds that the contravention did not occur.

Having had the opportunity to view the video footage I can see it shows that no contravention has taken place. The Regulations provide "…no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box due to the presence of stationary vehicles." The footage shows space beyond the box junction opened up as camera pans out which would be sufficient to accommodate my vehicle. There was not a point in time where white car ahead of me and my car were simultaneously stationary. As such my vehicle was not forced to stop where it did due to stationary vehicles and it follows that no contravention took place.

You can also see that I was in the yellow box for only long enough to change my gears to reverse as there was space behind me, however I was reversing cautiously as people were crossing behind me. The recording cut right after you can clearly see that I was continuing to reverse.

I refer you to the decision of adjudicator Jane Anderson in Katy Wong v Royal Borough of Kingston (2140345227)

For these reasons, it follows that the notice must be cancelled.

Yours faithfully,"
14
Okay, will do.

Just so I know, is a 'charge certificate' the same as 'Notice to Owner'?
(apologies if this is a silly question)
15
Submitted N180DQ as per instructions above.
Received automated response from DQ.CNBC@justice.gov.uk and enquiries@gladstonessolicitors.co.uk

I assume MCOL site would be updated in due course that defendant DQ has been submitted.

What happens next?
16
However, I see that for few other cases it has been advised to attached the following documents:

- Draft defence order
- PM v Akande transcript
- CEL v Chan transcript

Yes, attach the Draft Order and the transcripts with this as a covering letter to go with your DQ:

Quote
[Your Name]
[Your Address]
[Date]

The Court Manager
Civil National Business Centre
4th Floor, St Katharine’s House
21-27 St Katharine’s Street
Northampton
NN1 2LH

Claim Number: [Insert Claim Number]
Claimant: Private Parking Solutions (London) Ltd
Defendant: [Your Name]

Dear Sir/Madam,

Re: Request for Strike Out or Alternatively Compliance with Draft Order in Response to N180 Directions Questionnaire

I write concerning the above-referenced claim, for which I have received a Notice of Directions Questionnaire (N180). Due to the vague and deficient nature of the Particulars of Claim (PoC), I have been unable to plead a full defence. Therefore, I respectfully request that the court considers striking out the claim pursuant to CPR 3.4(2)(a) on the grounds that the PoC fail to comply with CPR 16.4(1)(a), as they do not disclose a cause of action or provide a concise statement of fact.

Alternatively, should the court decide not to strike out the claim, I request that the Claimant be ordered to comply with the attached draft order, which seeks further and better particulars of claim.

To support my application, I enclose transcripts of two persuasive appeal cases:

Civil Enforcement Ltd v Chan (2023) [E7GM9W44]

CPMS v Akande (2024) [K0DP5J30]

Both cases involved claims that were struck out due to similarly insufficient particulars.

I trust that the attached documents will assist the court in its assessment and in issuing appropriate case management directions.

Yours faithfully,

[Your Name]

Remember that a single email with the attached PDF files should be addressed to both dq.cnbc@justice.gov.uk and enquiries@gladstonessolicitors.co.uk and CC in yourself. Make sure the subject contains the claim number and in the body of the email refer to the case and just say see attached N180DQ, cover letter, draft order and two transcripts.
17
It's doubtful the location code is wrong although if it were being in close proximity would help. More likely you misread it/it may have had some dirt on the 0 (and you should have only used the code for your bay).

But there's nothing in the codes to argue about in the exchange so far although that's why they issued the PCN but I think you have enough to go on in their concession of payment with an end time.

What can they do? Say sorry your payment not wanted in Byron only Gladstone? Talk about lording it over the commoners.
18
I've also become a victim to this contravention, mainly due to the inadequate signage which is incredibly hard for a reasonable driver to see.

I'm challenging the PCN. Since the notice I've been back to the service road and seen multiple others carry out the same manoeuvre without realising.

I've submitted a FOI request to the council regarding the PCN, happy to share the results.

Welcome aboard vipninja.

I expect you'll win this one easily if the signage is still the same, but I do know one rule you definitely have broken!

... the forum rule that says "one case, one thread" (https://www.ftla.uk/announcements/house-rules/ ).

Please start a new thread for your PCN and we'll be happy to help, and I for one will be very interested to see the FOI response.
 
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Yes and this thread too.
20
Who did you sell the car to - private or trade? Last logbook issued 13 September 2024 - a key is what date the logbook was changed before that but I'm not sure it's worth bothering as it's so long ago and that you didn't get the PCN and other letters probably means the V5C was wrong.

I think you should pay it to avoid a visit fee and try the out of time process.
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