Timeframe for fines from Brent, possible late notification of PCN Options

[Thecookie]

Asking on behalf of my colleague.
He drove in a bus lane in January 2016. He doesnt disagree with the photo, and lives near the bus lane, so doesnt dispute that he did drive in it, but has only just been informed that h did it - a full two years later.
In the communication email, they say that they have already spoken with him abut this, but issue the penalty, with the usual 14 day reduction, as if it has only just happened.
H has up to now, not received anything either by post or email.

He still lives at the same address he did then and drives the same car, which is registered with Brent for residents parking, so its not as if they have had trouble trying to trace him.

Can he challenge the fine as its now been two years, or can they send fines out this far after the date of the incident?

I have read about PCN's and time frames, using the POFA schedule 4 wording, but is that only relevant for private firms?

Thanks in advance for your help.

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[stamfordman]

Can you post what he received in the post. Leave in all dates. Use a pic site such as Flickr for pics and post links.

Yes, POFA is only private but 2 years is way too long to enforce a council PCN. But let's see what was sent first.

As Spaceman says has there been a bailiff reset on this.

This post has been edited by stamfordman: Thu, 18 Jan 2018 - 16:00

[spaceman]

Has your friend been through the statutory declaration process, maybe more than once?

[peterguk]

they say that they have already spoken with him abut this

Does your mate agree that he has spoken with them about it?

This post has been edited by peterguk: Thu, 18 Jan 2018 - 15:26

[Thecookie]

Hello All,
Not sure I'm navigating this site properly, so sorry if Im not replying in the right order.

The council emailed him on 16/1/18. This is the first time ever they have contacted him regarding this. They thanked him for writing to them, but he has never communicated with them at all.
They have his email as he pays for resident permits.

I suggested it might be dodgy, but when he looked on the Brent website, the PCN does appear on there.

I'm not entirely sure how to upload it, but will have a go. Registration number is clear in the original email.

Thanks again for your help

Sorry to have added it three times.

Attached File(s)

 P0004603293.pdf ( 326.76K ) Number of downloads: 49
 P0004603293.pdf ( 326.76K ) Number of downloads: 41
 P0004603293.pdf ( 326.76K ) Number of downloads: 46

 

[Neil B]

That is just weird.

It is formatted as a refusal of an initial, informal challenge.

But as you suspect, such a delay is ridiculous and unlawful.

Can he see current PCN status online? How much is showing as due?

[DancingDad]

Anyone else get the feeling that Brent is trying to catch up on lost PCNs, that is lost in their system and never sent?

If nothing else I would be getting back to them and asking for a full PCN history as this letter is the first and only communication that he has had with them.
When you say emailed, was that letter sent as an email attachment?
And could we see the covering email please?
Was he living at same address when the PCN should have been sent?

[Neil B]

Anyone else get the feeling that Brent is trying to catch up on lost PCNs, that is lost in their system and never sent?

In me water.

[Incandescent]

This does look like a try-on, but we really need for info.

[PASTMYBEST]

This does look like a try-on, but we really need for info.

could well have some bearing in the future

2170576681

This PCN was issued for the alleged contravention of being in a bus lane in The Broadway at 8.52pm on 25 March 2017. The PCN was issued on 11 April 2017. The Council says in its case summary that the PCN was sent by first class post on the date of issue to the Company's address at 142 Bentworth Road W12 7AH. The Company has provided a signed statement saying that the PCN was not received and that the first that the Company knew of the PCN was when the Enforcement Notice was received. I accept the evidence from the Company that the PCN was not received at the address to which it was posted. It follows that the PCN was not served and the appeal is allowed for that reason.

[DancingDad]

This does look like a try-on, but we really need for info.

could well have some bearing in the future

2170576681

This PCN was issued for the alleged contravention of being in a bus lane in The Broadway at 8.52pm on 25 March 2017. The PCN was issued on 11 April 2017. The Council says in its case summary that the PCN was sent by first class post on the date of issue to the Company's address at 142 Bentworth Road W12 7AH. The Company has provided a signed statement saying that the PCN was not received and that the first that the Company knew of the PCN was when the Enforcement Notice was received. I accept the evidence from the Company that the PCN was not received at the address to which it was posted. It follows that the PCN was not served and the appeal is allowed for that reason.

Unusual for an adjudicator to take that line, they seem to be cynical over people saying they didn't receive.
But if they do believe, they must cancel the PCN.

This is even weirder though. Not only no PCN but a rejection (seemingly many months late) to a challenge that OP says and presumably his mate would be prepared to assert should it get to adjudication, never sent.

Key case Davis may need dusting off for this one regarding the lateness.

[PASTMYBEST]

This does look like a try-on, but we really need for info.

could well have some bearing in the future

2170576681

This PCN was issued for the alleged contravention of being in a bus lane in The Broadway at 8.52pm on 25 March 2017. The PCN was issued on 11 April 2017. The Council says in its case summary that the PCN was sent by first class post on the date of issue to the Company's address at 142 Bentworth Road W12 7AH. The Company has provided a signed statement saying that the PCN was not received and that the first that the Company knew of the PCN was when the Enforcement Notice was received. I accept the evidence from the Company that the PCN was not received at the address to which it was posted. It follows that the PCN was not served and the appeal is allowed for that reason.

Unusual for an adjudicator to take that line, they seem to be cynical over people saying they didn't receive.
But if they do believe, they must cancel the PCN.

This is even weirder though. Not only no PCN but a rejection (seemingly many months late) to a challenge that OP says and presumably his mate would be prepared to assert should it get to adjudication, never sent.

Key case Davis may need dusting off for this one regarding the lateness.

The PCN log should show all, Even if the PCN was received and reps sent the time frame falls way outside reasonable.

DD that was a good read

[stamfordman]

Brent has form on this according to Mr Mustard:

http://lbbspending.blogspot.co.uk/2016/11/brentrakeup.html

http://lbbspending.blogspot.co.uk/2016/12/brentarrears.html

This post has been edited by stamfordman: Fri, 19 Jan 2018 - 17:22