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Is it Valid
bmwman
post Fri, 14 Sep 2007 - 19:28
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Hello Every One

New to this forum so hope someone can help

Received PCN in Brighton the heading state as follows

Brighton and Hove City Council
Parking Services
Road Traffic Act 1991
Penalty Charge Notice

Havig looked at many PCNs I see that they all have
Road Traffic Act 1991 as ammended

Could somebody please tell me the meaning for this and is it a requirement

Secondly does the back form part of the actual PCN

Many Thanks
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post Fri, 14 Sep 2007 - 19:28
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muckychimney
post Fri, 14 Sep 2007 - 20:05
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QUOTE (bmwman @ Fri, 14 Sep 2007 - 20:28) *
Hello Every One

New to this forum so hope someone can help

Received PCN in Brighton the heading state as follows

Brighton and Hove City Council
Parking Services
Road Traffic Act 1991
Penalty Charge Notice

Havig looked at many PCNs I see that they all have
Road Traffic Act 1991 as ammended

Could somebody please tell me the meaning for this and is it a requirement

Secondly does the back form part of the actual PCN

Many Thanks


Hi there welcome to the forum, right then the as ammended refers to decriminalised parking which I believe B & H C C operates, now on that score I think they are non compliant on wording but you will have to post your entire ticket onto here for us all to look at more clearly, if the front of the PCN refers to payment details on rear then yes it does.

As I said post all the details of your ticket on here minus your personal details and how you came to get the PCN issued to you in the first place and take it from there.


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bmwman
post Fri, 14 Sep 2007 - 22:04
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Hi Again

Thanks for the reply

The Story so far

On the 27/09/2007 went to Brighton with family to see one of our grandchildren as I have a blue badge I admit it had faded and was hard to see in the dark but was readable in daylight (should have had it re written). Anyway Park on a disabled bay something I dont often do I prefer to leave them for the more infirm.

Anyway returned to the car at about 7.30pm to find this PCN See Below



Anyway due to family problems this PCN did not get paid Looking through Paper work for this PCN I found I had not received the NTO so wrote to TEC. They sent me forms PE2 and PE3 sent them last friday rec del received as TEC monday 10/09/2007 phoned today they told me they could not find them and they had not been processed so faxed copies now processed being sent back to Brighton.

From what I have read in the forums this PCN does not comply with the road traffic act 1991

1 Head does not contain (as ammended)
2 Does not state (date of this notice) so allowing an extra day (contraveins RTA 1991)
3 that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle (Is on back of PCN)

Your comments would be helpfull


This post has been edited by bmwman: Fri, 14 Sep 2007 - 22:11
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DW190
post Sat, 15 Sep 2007 - 01:08
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QUOTE (bmwman @ Fri, 14 Sep 2007 - 23:04) *
From what I have read in the forums this PCN does not comply with the road traffic act 1991

1 Head does not contain (as ammended)
2 Does not state (date of this notice) so allowing an extra day (contraveins RTA 1991)
3 that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle (Is on back of PCN)

Your comments would be helpfull



1. Correct

2. should be (beginning with the date of this Notice)

3. Although not on the face of the PCN should have been referred to from the face and not from the Payment slip.

Also it says "You are requied to pay" which is to personal and should be "the penalty charge is payable"


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bmwman
post Sat, 15 Sep 2007 - 06:37
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Hi Everyone

Thankyou for the reply

Sent stat decs to TEC Friday 7/9/07 recorded Delivery received TEC 10/9/07 Phoned 14/9/2007 told could not find them so not received or processed gave them tracking number, asked it I could fax copies to them. Copies faxed 1 Oclock friday phoned to make sure they have received them. Phoned again 3.30 Friday now processed and sent back to Brighton. told they have until 11/10/2007 to reply.

Am I right in thinking that NtOs are sent in the standard post, and that they would have to prove service to argue they they had sent it. Or will they just send new NtO.

Many Thanks
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DW190
post Sat, 15 Sep 2007 - 08:44
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QUOTE (bmwman @ Sat, 15 Sep 2007 - 07:37) *
Hi Everyone

Thankyou for the reply

Sent stat decs to TEC Friday 7/9/07 recorded Delivery received TEC 10/9/07 Phoned 14/9/2007 told could not find them so not received or processed gave them tracking number, asked it I could fax copies to them. Copies faxed 1 Oclock friday phoned to make sure they have received them. Phoned again 3.30 Friday now processed and sent back to Brighton. told they have until 11/10/2007 to reply.

Am I right in thinking that NtOs are sent in the standard post, and that they would have to prove service to argue they they had sent it. Or will they just send new NtO.

Many Thanks


Check with Royal Mail if delivery has been signed for. If they cannot confirm delivery claim £30.00. (The value of the docs enclosed)


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bmwman
post Sat, 15 Sep 2007 - 11:47
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Hello DW190

Check with royal mail on 14/09/2007 online this is how I know they were received by TEC. TEC lost them

Many Thanks
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The Rookie
post Mon, 17 Sep 2007 - 15:24
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QUOTE (bmwman @ Fri, 14 Sep 2007 - 23:04) *
On the 27/09/2007 went to Brighton


I can see the future.....it will involve travel, I see the sea... I can't believe this has dragged out for a year without an nto!

Simon

This post has been edited by The Rookie: Mon, 17 Sep 2007 - 15:28


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bmwman
post Mon, 17 Sep 2007 - 17:24
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Hi Simon

All paper work put in to folder with intention of sorting this problem, But due to family problems got left until now, went through paper work got PCN, charge notice but no NtO. Contacted TEC explained situation they sent me Statutory out of time and Statutory Dec unpaid penalty charge filed them with TEC, TEC then lost the two forms faxed copies to TEC Now sent back to Brighton. Now waiting to here from Brighton
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bmwman
post Wed, 19 Sep 2007 - 20:45
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Hello Everyone

Can anyone tell me how long I should wait for a reply form TEC reguarding Stat Decs. Phoned them last Friday they have been processed and case sent Back to Brighton but have not had conformation in Writting.

Mant Thanks
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bmwman
post Thu, 20 Sep 2007 - 11:41
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Hi Everyone

Just to keep you posted received NtO today from Brighton.
Will post on forum this evening to see if this compliant as well

Many Thanks
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bmwman
post Thu, 20 Sep 2007 - 17:57
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Hi Everyone

Here's a copy on the NtO from what I can see it all looks correct my be Brighton have got here act to gether









Your advice very much appreciated

This post has been edited by bmwman: Thu, 20 Sep 2007 - 17:58
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bmwman
post Mon, 1 Oct 2007 - 06:33
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Hi Every One

Notice to owner completed and returned to Brighton 21/09/2007 signed and received 24/09/2007 how long do Brighton have to send notice of acceptance or rejection.

Re Notice to Owner I beleave there is a problem on section 3 refering to The vehicle had been taken without out my consent I beleave it should be
that the vehicle had been permitted to remain at rest in the parking place by a person who was in control of the vehicle without the consent of the owner Does this invalidate the Notice to Owner.

Many Thanks
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bmwman
post Fri, 12 Oct 2007 - 17:16
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Hi every One

Good news received a letter from Brighton today



Win against Brighton how ever reading the last paragraph it states that only the PCN has been cancelled does this mean that the Notice to owner still stands or is that cancelled as well

This post has been edited by bmwman: Mon, 15 Oct 2007 - 02:57
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DW190
post Fri, 12 Oct 2007 - 21:01
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QUOTE (bmwman @ Fri, 12 Oct 2007 - 18:16) *
=


Win against Brighton how ever reading the last paragraph it states that only the PCN has been cancelled does this mean that the Notice to owner still stands or is that cancelled as well

Don't worry about that. If a PCN is cancelled, it follows that the NtO only refers to nothing and is also cancelled.


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DW190

BLUNT PENCILS ARE MORE RELIABLE THAN SHARP MEMORIES

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