PCN x 7 at Montague Avenue, W7 |
PCN x 7 at Montague Avenue, W7 |
Sun, 23 Jan 2022 - 13:29
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#1
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Member Group: Members Posts: 12 Joined: 22 Jan 2022 From: brentford Member No.: 115,471 |
Hi Guys
I need some help please i have just received 7 PCN's in the post for driving down Montague Avenue, W7 which was a cancelled LTN, however, ive now been advised that it was reinstated which i didnt know so hence the 7 tickets in the post since 23rd December 2021 to 2/1/22 whereby i will probably recieve even more next week. Ticket given 23/12/21 was dated 19/1/22 and so forth, 6 tickets issued 24/12/21-1/1/22 i have received in the post over 3 days from 19/1 to 21/1/22. This was a genuine mistake as i would never have driving through this road. It seems that the Camera was reinstated and the signed that were already there were turned back round only and no over signage to advise this had been reinstated. Has anyone else received tickets for driving down this road and then contested their ticket and got it cancelled? Many thanks if you can help me |
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Sun, 23 Jan 2022 - 13:29
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Mon, 24 Jan 2022 - 15:34
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#21
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Member Group: Members Posts: 963 Joined: 14 Jul 2020 Member No.: 109,137 |
Neil is right, one must challenge each PCN individually, from what I remember you challenge each PCN on Ealing council website via the dispute your pcn button, however what you can do is submit the same template…which covers every single pcn and argument e.g.
Dear Ealing, I challenge the following penalties: PCN XXXX PCN XXXX PCN XXXX PCN XXXX PCN 1, PCN 2, PCN 3 were served outside the statutory time frame of 28 days. Thus rendering each PCN invalid, therefore they must be cancelled. (Enter the dates of each PCN contravention then the corresponding date the PCNs were served). Limitation on service of penalty charge notice (1)Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred." And lastly, PCN 4…and the other PCNs listed, all remain invalid…given no contravention occurred as stipulated by the relevant TMO: The Ealing (Deans Road/Montague Avenue LTN) (No. 1) Traffic Order 2021 provides an exemption at Article 5(e) for any vehicle "entering that part of the prohibited area which is shaded green", a copy of the order is available from https://bit.ly/3eYYMlD and as you can see from the plan, my vehicle entered the part of the prohibited area which is shaded green. It follows that I have not contravened the traffic order and the penalties must be cancelled. The same can also be applied to the other PCNs listed in this challenge also. Please now cancel all the PCNs without undue delay. |
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Mon, 24 Jan 2022 - 15:39
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#22
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Member Group: Members Posts: 12 Joined: 22 Jan 2022 From: brentford Member No.: 115,471 |
I questioned the time limit for them to send these notices as thought it was within 28 days and the first one i received has a Contravention date of 23/12/21 and the notice was service on 19/1/22 so this is exactly 28 days the next 24/12/21 so 27 days then 27/12/21 - 25 days then 29/12/21 - 23 days So just double checking that i can quote the details above? Fair questions but read the legislation I quoted carefully. 28 days beginning with, so for the first one, 23/12 was day one. And = served. The law deems notices served after two working days, so for that one, 21/1 You don't need to explain it to them by mentioning dates. Just phrase as I said originally. They can't count anyway, nor do they understand what I've just explained to you. And I said only the first 3, not 4 ok will do !!! Thank you. Will post again when i receive any replies Neil is right, one must challenge each PCN individually, from what I remember you challenge each PCN on Ealing council website via the dispute your pcn button, however what you can do is submit the same template…which covers every single pcn and argument e.g. Dear Ealing, I challenge the following penalties: PCN XXXX PCN XXXX PCN XXXX PCN XXXX PCN 1, PCN 2, PCN 3 were served outside the statutory time frame of 28 days. Thus rendering each PCN invalid, therefore they must be cancelled. (Enter the dates of each PCN contravention then the corresponding date the PCNs were served). Limitation on service of penalty charge notice (1)Subject to the provisions of this section, no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred." And lastly, PCN 4…and the other PCNs listed, all remain invalid…given no contravention occurred as stipulated by the relevant TMO: The Ealing (Deans Road/Montague Avenue LTN) (No. 1) Traffic Order 2021 provides an exemption at Article 5(e) for any vehicle "entering that part of the prohibited area which is shaded green", a copy of the order is available from https://bit.ly/3eYYMlD and as you can see from the plan, my vehicle entered the part of the prohibited area which is shaded green. It follows that I have not contravened the traffic order and the penalties must be cancelled. The same can also be applied to the other PCNs listed in this challenge also. Please now cancel all the PCNs without undue delay. ok will do that. I actually have 7 PCN's so will do it for all of them. Thank you for your help. |
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Mon, 24 Jan 2022 - 16:15
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#23
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
(Enter the dates of each PCN contravention then the corresponding date the PCNs were served). AS I've already said. DON'T. They have the details: They sent them to you! -------------------- |
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Mon, 24 Jan 2022 - 16:20
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#24
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Member Group: Members Posts: 963 Joined: 14 Jul 2020 Member No.: 109,137 |
(Enter the dates of each PCN contravention then the corresponding date the PCNs were served). AS I've already said. DON'T. They have the details: They sent them to you! Sorry didnt see that, I just assumed it would be best to illustrate the lateness of the pcns to avoid failure to consider? But if the council have the info, then understandably theres no need. |
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Mon, 24 Jan 2022 - 16:42
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#25
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Member Group: Members Posts: 29,263 Joined: 16 Jan 2008 Member No.: 16,671 |
Sorry didnt see that, I just assumed it would be best to illustrate the lateness of the pcns to avoid failure to consider? What would be wrong with a FTC ? From our point of view. -------------------- |
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Mon, 24 Jan 2022 - 17:00
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#26
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Member Group: Members Posts: 963 Joined: 14 Jul 2020 Member No.: 109,137 |
Sorry didnt see that, I just assumed it would be best to illustrate the lateness of the pcns to avoid failure to consider? What would be wrong with a FTC ? From our point of view. Its unlikely that costs would be awarded at adjudication for a failure to consider, therefore I thought it made more sense to be crystal clear with the council about the PCN lateness so that the penalties are cancelled as soon as possible, rather than the OP losing more of their time to the matter. |
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Mon, 24 Jan 2022 - 22:47
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#27
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Sorry didnt see that, I just assumed it would be best to illustrate the lateness of the pcns to avoid failure to consider? What would be wrong with a FTC ? From our point of view. Its unlikely that costs would be awarded at adjudication for a failure to consider, therefore I thought it made more sense to be crystal clear with the council about the PCN lateness so that the penalties are cancelled as soon as possible, rather than the OP losing more of their time to the matter. We want as many solid grounds to take to the tribunal as possible. FTC would be good it might persuade the council not to contest. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 25 Jan 2022 - 10:56
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#28
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Member Group: Members Posts: 12 Joined: 22 Jan 2022 From: brentford Member No.: 115,471 |
I questioned the time limit for them to send these notices as thought it was within 28 days and the first one i received has a Contravention date of 23/12/21 and the notice was service on 19/1/22 so this is exactly 28 days the next 24/12/21 so 27 days then 27/12/21 - 25 days then 29/12/21 - 23 days So just double checking that i can quote the details above? Fair questions but read the legislation I quoted carefully. 28 days beginning with, so for the first one, 23/12 was day one. And = served. The law deems notices served after two working days, so for that one, 21/1 You don't need to explain it to them by mentioning dates. Just phrase as I said originally. They can't count anyway, nor do they understand what I've just explained to you. And I said only the first 3, not 4 All Done, will let you know the outcome. |
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Thu, 17 Feb 2022 - 16:25
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#29
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Member Group: Members Posts: 12 Joined: 22 Jan 2022 From: brentford Member No.: 115,471 |
I questioned the time limit for them to send these notices as thought it was within 28 days and the first one i received has a Contravention date of 23/12/21 and the notice was service on 19/1/22 so this is exactly 28 days the next 24/12/21 so 27 days then 27/12/21 - 25 days then 29/12/21 - 23 days So just double checking that i can quote the details above? Fair questions but read the legislation I quoted carefully. 28 days beginning with, so for the first one, 23/12 was day one. And = served. The law deems notices served after two working days, so for that one, 21/1 You don't need to explain it to them by mentioning dates. Just phrase as I said originally. They can't count anyway, nor do they understand what I've just explained to you. And I said only the first 3, not 4 All Done, will let you know the outcome. Hi i have now received a response from Ealing Council, they have cancelled all PCN except the one issued on 27th December 2021 which doesnt make sense as i had two before this one and then 5 afterwards ?!!? i must thank you for all your help on this matter as it was a genuine mistake. Should i contest this one again? Thanking you in advance |
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Fri, 18 Feb 2022 - 20:06
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#30
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Show us the rejection letter please.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 10:44 |