Partner received a PCN- contravention code 50r No right turn |
Partner received a PCN- contravention code 50r No right turn |
Sun, 23 Jun 2019 - 11:08
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#1
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
I am really hoping someone can help? Yesterday my partner recieved a PCN for making a right turn on a no right turn junction at Harold Hill. He has a feeling he may have done this another time 2 days later so just waiting on the next one! (May even be another one too 😫) I am really hoping to win the appeals on these. The time that my partner made these incorrect turns, he was working for a very very difficult customer. He is a self employed kitchen fitter doing lots of extra works. He was so stressed at the time as he didnt have a day off for over 3 weeks due to jobs over running due to no fault of his own. The customer made my partners life hell at this time and caused my partner to have a breakdown 😢 and hasnt been able to return to work since (5th June) due to his mental health. I am currently a stay at home mum so we rely on his income. As you can imagine, just one fine is too much and the stress of having another 1 maybe 2 is just something that is causing him so much more stress. I know he made the mistake but at the time he was so stressed. So, I am really hoping someone can see a ground to appeal on his PCN (Ive attached a copy) PCN 1 PCN 2 PCN 3 |
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Sun, 23 Jun 2019 - 11:08
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Sun, 23 Jun 2019 - 11:48
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#2
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Member Group: Members Posts: 20,919 Joined: 22 Apr 2012 Member No.: 54,455 |
There are really only two possible appeal arguments: -
1. Sign is missing or badly placed. 2. PCN contains fatal errors of content In order to assess (2) we need both sides of one of the PCNs. For (1), please provide a GSV link If there is nothing on either, then its a case of coughing up the money. So, over to you........ |
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Sun, 23 Jun 2019 - 11:52
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#3
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
we've had a lot of cases at this location - think there has been some success:
http://www.pepipoo.com/search-results.htm?...=2399j1081009j7 |
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Sun, 23 Jun 2019 - 11:52
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#4
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
I did add all pages of the PCN in my orginal post? Can you not see them? They are labelled PCN 1, PCN 2 and PCN 3?
Thanks. |
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Sun, 23 Jun 2019 - 12:13
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#5
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
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Sun, 23 Jun 2019 - 12:20
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#6
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
All Havering moving traffic PCNs can be overturned relatively easily. PCN is flawed.
No rush and I'm out for the day. This post has been edited by Neil B: Sun, 23 Jun 2019 - 12:20 -------------------- |
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Sun, 23 Jun 2019 - 12:29
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#7
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Two errors. The PCN states that the council may disregard any representations made after 28 days from the date of notice. This is not correct, it is 28 days from date of service of the notice so in this case they are saying that representations may be disregarded 4 days before they can. The same applies to them serving a charge certificate
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 24 Jun 2019 - 11:49
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#8
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
Two errors. The PCN states that the council may disregard any representations made after 28 days from the date of notice. This is not correct, it is 28 days from date of service of the notice so in this case they are saying that representations may be disregarded 4 days before they can. The same applies to them serving a charge certificate i-nichol. The above might read like nonsense to you because you're looking at a PCN that seems to make perfect sense. The issue is simple: The law sets out what things a PCN must tell you. Your PCN fails to do that and the parts they have got wrong are prejudicial to you. Ask any questions you need to. -------------------- |
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Tue, 25 Jun 2019 - 12:35
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#9
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
No questions?
Do you understand what you need to do? This post has been edited by Neil B: Tue, 25 Jun 2019 - 12:35 -------------------- |
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Mon, 1 Jul 2019 - 16:25
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#10
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
Thank you for all your replies.
I have been waiting to see if my partner received anymore PCN's before appealling this one and fingers crossed he hasn't received another on since! So when appealling, am I just adding the point of them stating they allow representations within 28 days of the date of notice and not the date of service of the notice? Many thanks |
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Mon, 1 Jul 2019 - 17:23
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#11
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
So when appealling, am I just adding the point of them stating they allow representations within 28 days of the date of notice and not the date of service of the notice? Sort of. Wait, we'll structure it for best presentation. So just one PCN? Did you not think to let us know why you weren't responding? -------------------- |
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Mon, 1 Jul 2019 - 18:57
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#12
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
Thank you so much.
Yes, just the one PCN (hopefully it will stay that way) Apologies for not responding, been very stressful time at home. Really do appreciate your time in helping. This post has been edited by j_nichol20: Mon, 1 Jul 2019 - 19:00 |
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Mon, 1 Jul 2019 - 22:00
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#13
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
Just send this - The parts in blue.
Representations against PCN xxxxxxxxxxxxx VRM xxxx xxx Name (registered keeper) Open with something about the stressful circumstances you told us about and honest mistake etc. Show here before sending. Then - The Penalty Charge exceeds the amount due in the circumstances of the case. Your PCN appears not to comply with the applicable legislation. On page two, under ‘Making Representation’, first para, final sentence, states "We may disregard any representations received after the period of 28 days beginning with the date of this PCN" Whereas the legislation prescribes that you may only 'disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served.' This is clearly prejudicial; curtailing the time I legally have the right to make such representations. Similarly, at the bottom of the same page, the PCN misstates the point in time when you may legally serve a Charge Certificate; making the same error of timescale. This potentially has the same effect as the first discrepancy; curtailing the time legally available to me. As the PCN does not appear compliant with the relevant legislation I believe it a nullity and no penalty is due. I look forward to your early confirmation the PCN has been cancelled. With that line spacing and bold/underline where I have. -------------------- |
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Tue, 2 Jul 2019 - 15:17
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#14
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
Thank you for your response. So i will be writing up my appeal tonight using what you have put above. In the part about the stressful circumstances, i have drafted up; I am a self employed kitchen fitter and in the weeks leading up to the contravention stated in the PCN, I had a very stressful time with a particular customer, making my life hell which actually caused me having a breakdown which has currently left me unable to return to work. On this particular day, I was visiting B&Q to purchase materials for this job. I understand I made this honest mistake and this was due to the fact I was extremely stressed. Is this enough info on this and am I putting this where you have stated? Again, thanks for your help. |
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Tue, 2 Jul 2019 - 15:25
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#15
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
Yep, that's fine.
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Tue, 2 Jul 2019 - 15:50
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#16
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
Many thanks, will report back once I recieve a response from them. |
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Tue, 2 Jul 2019 - 16:38
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#17
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
Ok, so just logged online to make my appeal.
The page says Informal Challenge Denied It would appear you have already been sent a Notice to Owner. At this time you can only make a Formal Representation. Please click here to make a Formal Representation. You will need your web code which was supplied on the Notice to Owner. Not sure if im getting myself confused but the date of notice was 20th June 2019 and thought I had 14 days to make an informal representation? If the PCN is sent in the post, does this mean I can only make a formal representation and the PCN I received is the Notice to Owner? Am I making a formal representation? Thanks This post has been edited by j_nichol20: Tue, 2 Jul 2019 - 16:49 |
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Tue, 2 Jul 2019 - 18:48
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#18
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
You can't make an informal challenge against a moving traffic PCN, you have to submit it as a formal representation, the web code is on page 2.
-------------------- 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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Sat, 3 Aug 2019 - 14:57
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#19
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
Ok, so I received a response and they have rejected my appeal! What should I do now please?
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Sat, 3 Aug 2019 - 15:22
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#20
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Member Group: Members Posts: 92 Joined: 10 Jan 2014 Member No.: 67,875 |
pcn1
pcn2 pcn3 Appeal rejection letter Appeal rejection letter back https://www.flickr.com/gp/150504094@N05/p8frZU Notice of appeal Appeal form 1 Appeal form 2 Appeal rejection letter Appeal rejection letter back https://www.flickr.com/gp/150504094@N05/p8frZU Notice of appeal Appeal form 1 Appeal form 2 Sorry, im not sure why but it has copied the same picture a few times! I have only received this rejection letter today as have just got back from holiday! Only got until monday if I want to pay at the reduced rate! Any help will be greatly received. Thanks. |
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