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wandsworth PCN out of time, is it null ?
loady
post Wed, 27 Mar 2019 - 09:45
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So i got a ticket for parking in a suspended bay, long story short, i appealed it online, i got sent acknoledgement of my appeal on 14th January, i noticed this paragraph of text in the email..

QUOTE
Depending on the stage of the PCN, your enquiry will be now be placed on hold and passed to the appropriate parking team and an officer will reply to you as soon as possible. We aim to respond usually within 14-21 days of receipt for enquiries received in response to a Penalty Charge Notice (PCN), which has been served to your vehicle windscreen.

Please be advised that if you have not received a reply from the Council within this time we have upto 56 days to reply to a formal challenge.


Now i received their reply yesterday on 26th march which i make to be over 60 days, however, is that inclusive of the 14-21 day period or additional, giving them upto 77 days ?


i have attached the notice of rejection, the grounds of which are irrelevant to my question...

so my question is, have they over run on the time frame they have to pursue this ?

[attachment=62948:00470399.pdf]


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post Wed, 27 Mar 2019 - 09:45
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stamfordman
post Wed, 27 Mar 2019 - 10:18
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The 56 days runs from a formal appeal to the notice to owner not to an informal challenge.

While they have overstepped their own service promise by a long way it is not out of time legally as you are not at NTO stage.

If you want help the PCN post details. Put pics on https://imgbb.com or such like.
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loady
post Wed, 27 Mar 2019 - 11:35
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QUOTE (stamfordman @ Wed, 27 Mar 2019 - 10:18) *
The 56 days runs from a formal appeal to the notice to owner not to an informal challenge.

While they have overstepped their own service promise by a long way it is not out of time legally as you are not at NTO stage.

If you want help the PCN post details. Put pics on https://imgbb.com or such like.


Not much point really, just wasting everyones time, i dont think the bay suspension signs were there the day before but i cant prove that and they probably dont have to prove it because they are dictators. As far as the appeal goes they rejected it and i dont have a leg to stand on now..may as well pay it, at least i cost the powers that be expense and time

This post has been edited by loady: Mon, 1 Apr 2019 - 16:43


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DancingDad
post Wed, 27 Mar 2019 - 13:41
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You cost them nothing, they have the systems in place specifically to deal with informal challenges.
And to reject them, often seemingly in the hope that people will cave in and pay.

Your choice, your money.
Personally I would like someone who knows the system to look over it before I parted with my hard earned.
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stamfordman
post Wed, 27 Mar 2019 - 15:14
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I agree with DD but not too sympathetic once you start using foul language.
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cp8759
post Fri, 29 Mar 2019 - 23:06
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There's a procedural impropriety in the informal rejection, they state they will not consider further informal representations. On top of this, depending on when the suspension signs went up, the decision in Peter Brosnan v London Borough of Brent (case reference 2180194309) might apply.


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loady
post Mon, 1 Apr 2019 - 16:52
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QUOTE (stamfordman @ Wed, 27 Mar 2019 - 16:14) *
I agree with DD but not too sympathetic once you start using foul language.


Noted, sorry about the language, i have edited it and also calmed down a bit now.

QUOTE (cp8759 @ Sat, 30 Mar 2019 - 00:06) *
There's a procedural impropriety in the informal rejection, they state they will not consider further informal representations. On top of this, depending on when the suspension signs went up, the decision in Peter Brosnan v London Borough of Brent (case reference 2180194309) might apply.


I have not paid anything as yet, do you really think i stand a chance on this and how do i go about it ?.

The bays i parked in are directly outside my house, its a cumunal block with free parking, however, i work nights and when i finished early in the morning i normally dump my car outside untill other resisdents have left for work and made space, i have moved the car by 8.00 and this ticket was issued at about 7.am, enforcement doesnt start untill 9.30am and i think the person erecting the sign also issued the ticket ?


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cp8759
post Mon, 1 Apr 2019 - 17:00
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To answer your PM, we simply don't have enough information. Let's start at the beginning, show us the PCN and the council photos, put them on an external site like imgur.com and then we can give you some idea of what your options are.


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loady
post Mon, 1 Apr 2019 - 17:56
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QUOTE (cp8759 @ Mon, 1 Apr 2019 - 18:00) *
To answer your PM, we simply don't have enough information. Let's start at the beginning, show us the PCN and the council photos, put them on an external site like imgur.com and then we can give you some idea of what your options are.


Thanks.

I have uploaded all the pictures to a folder on my dropbox, let me know if you have issues viewing and the PCN ticket is here also. I did create a thread originally which you can see here>>> http://forums.pepipoo.com/index.php?showtopic=125371&hl=

Links to council pictures>>> https://www.dropbox.com/sh/bmpvykvotbeqqoe/...rWfv0RKxXa?dl=0

I have attached the letter of rejection as a file.




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cp8759
post Mon, 1 Apr 2019 - 18:59
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I'll wait for the threads to be merged. Please don't create additional threads for a single case.


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loady
post Mon, 1 Apr 2019 - 19:12
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QUOTE (cp8759 @ Mon, 1 Apr 2019 - 19:59) *
I'll wait for the threads to be merged. Please don't create additional threads for a single case.


Ok, is this something I need to do or is it a moderators job?


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southpaw82
post Mon, 1 Apr 2019 - 19:18
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QUOTE (loady @ Mon, 1 Apr 2019 - 20:12) *
QUOTE (cp8759 @ Mon, 1 Apr 2019 - 19:59) *
I'll wait for the threads to be merged. Please don't create additional threads for a single case.


Ok, is this something I need to do or is it a moderators job?

Your job is not to start multiple threads for the same topic.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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