Printable Version of Topic

Click here to view this topic in its original format

FightBack Forums _ Council Tickets & Clamping and Decriminalised Notices _ PCN NEVER RECEIVED - WESTMINISTER COUNCIL!

Posted by: MarcusN Thu, 10 Jan 2019 - 10:31
Post #1449624

Hi all,

I'm in need of some help!

I received a charge certificate from Westminster Council yesterday asking for £195!!!!! This is ridiculous as I never received the initial PCN. This has left in in a right state as it doesn't even supply and details about making a challenge, so i'm screwed.

How do I go about writing a letter stating I never received the initial letter or should I try and find the money to pay?

Also, when looking at the images online today, I don't remember the no right no at the John Islip junction being visible?

Please help

Thanks

Marcus

 

Posted by: peterguk Thu, 10 Jan 2019 - 10:36
Post #1449625

Press "report" and ask a mod. to move your post to the correct forum.

Posted by: MarcusN Thu, 10 Jan 2019 - 10:48
Post #1449633

thanks, which forum would be best suited

Posted by: peterguk Thu, 10 Jan 2019 - 10:50
Post #1449634

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 10:48) *
thanks, which forum would be best suited

Try the one for Council PCNs.

Posted by: ohnoes Thu, 10 Jan 2019 - 11:17
Post #1449645

Hi,

Is the car concerned registered to you?
Get your V5C out. Is the name and address EXACTLY correct? What is the DOC REF DATE at bottom of page 2?

This looks like the no right turn in question: https://www.google.com/maps/@51.4896739,-0.1304358,3a,50.5y,43.88h,94.77t/data=!3m6!1e1!3m4!1sKYjgvnEUtGqp8G7u3brQ7g!2e0!7i13312!8i6656

Posted by: The Rookie Thu, 10 Jan 2019 - 11:30
Post #1449653

You need "Council Parking Tickets & Clamping and Decriminalised Notices" the next forum down in the list from this one.

I've asked a Mod to move it for you.

Posted by: MarcusN Thu, 10 Jan 2019 - 11:39
Post #1449658

Hi Ohnoes,

The car is a lease vehicle, so i'm not the registered owner, does this matter?


Posted by: Neil B Thu, 10 Jan 2019 - 12:02
Post #1449672

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 11:39) *
Hi Ohnoes,

The car is a lease vehicle, so i'm not the registered owner, does this matter?

And the Charge Certificate was addressed to who?

Posted by: MarcusN Thu, 10 Jan 2019 - 12:11
Post #1449678

Myself

Posted by: Neil B Thu, 10 Jan 2019 - 12:34
Post #1449691

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 12:11) *
Myself

There is a straightforward solution to reset but we need to clear this up first.

You are not RK but have a Notice in your name.

What arrangements are there with the lease co when you incur a PCN?
It seems they've formally transferred liability to you but I'm not sure how. It can normally only
be done for vehicles 'hired' for a period less than 6 months. (I think).

Posted by: MarcusN Thu, 10 Jan 2019 - 12:47
Post #1449698

yes not the RK but have the lease for 3 years.

Any PCN's or notices are directed to myself to settle

Posted by: Neil B Thu, 10 Jan 2019 - 12:53
Post #1449699

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 12:47) *
Any PCN's or notices are directed to myself to settle

I asked who it was addressed to and you answered 'you'.

Better worded, whose name is on the Notice, under the piece of paper?

Posted by: MarcusN Thu, 10 Jan 2019 - 12:56
Post #1449701

Sorry Neil, the PCN is addressed to me.

There is a delay in me receiving these as the Council would reach out to the owner Volkswagen Finance and in turn they would then give my details as the lease owner

Posted by: Neil B Thu, 10 Jan 2019 - 13:08
Post #1449706

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 12:56) *
Volkswagen Finance and in turn they would then give my details as the lease owner

and I don't think they can but we'll argue about that later.

You now just wait for the next Notice, 'Order of Recovery' and make a Statutory Declaration to the effect 'no PCN received'.
The matter will be reset and a new PCN issued. Bring that here.

Let us know if you don't receive the OfR by the end of the month.
Is that CC dated 7/1 ? Image is hard to make out.

Posted by: MarcusN Thu, 10 Jan 2019 - 13:10
Post #1449708

Yes dated 07/01, can I not just contest this one stating the original was never received?

Posted by: spaceman Thu, 10 Jan 2019 - 13:20
Post #1449713

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 12:56) *
Sorry Neil, the PCN is addressed to me.

There is a delay in me receiving these as the Council would reach out to the owner Volkswagen Finance and in turn they would then give my details as the lease owner


AFAI liability cannot be transferred where a vehicle is hired/leased for more than 6 months.

Follow the advice given and see whether a pcn is eventually issued to you. It will be interesting if it is!

Posted by: MarcusN Thu, 10 Jan 2019 - 13:24
Post #1449714

thanks spaceman, however the PCN was issued to me in my name and address

Posted by: Neil B Thu, 10 Jan 2019 - 13:25
Post #1449715

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 13:10) *
Yes dated 07/01, can I not just contest this one stating the original was never received?

Doing that, stepping out of process, nearly always throws a spanner in the works.

Posted by: MarcusN Thu, 10 Jan 2019 - 13:43
Post #1449725

Ok thanks as my wife is worried about it going to a debt recovery agent

Posted by: MarcusN Thu, 10 Jan 2019 - 14:48
Post #1449761

Can anyone help or provide a template for a letter please

Posted by: Neil B Thu, 10 Jan 2019 - 14:59
Post #1449770

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 14:48) *
Can anyone help or provide a template for a letter please

No because it would be stupid to write a letter.

As long as you receive the OfR and act as advised it can't go to bailiffs.

And as I said, come back if you don't have it by month end - and we'll tell you what to do.

Posted by: cp8759 Thu, 10 Jan 2019 - 18:35
Post #1449865

QUOTE (MarcusN @ Thu, 10 Jan 2019 - 14:48) *
Can anyone help or provide a template for a letter please

No, when you get the Order for Recovery you just tick the relevant box, make a statutory declaration and send it off, and the penalty will be reset.

Posted by: MarcusN Fri, 11 Jan 2019 - 09:31
Post #1450085

Hi all,

The plot thickens....

I have received another PCN for another charge for the same offence and location!!

Help, I simply cannot afford this!!!!!



 

Posted by: Mad Mick V Fri, 11 Jan 2019 - 09:51
Post #1450093

OP--- you need some background on the 6 month issue raised by Neil.

Art 7 here is the crux:-

http://www.legislation.gov.uk/ukpga/1988/53/section/66

This one is relevant too:- http://forums.pepipoo.com/index.php?showtopic=90145&view=findpost&p=1349860

Wait for others to comment.

Mick

Posted by: cp8759 Sat, 12 Jan 2019 - 08:11
Post #1450435

So here: https://www.google.co.uk/maps/@51.4896739,-0.1304358,3a,75y,33.83h,82.47t/data=!3m7!1e1!3m5!1sKYjgvnEUtGqp8G7u3brQ7g!2e0!5s20180901T000000!7i13312!8i6656?hl=en

Video: https://www.youtube.com/watch?v=A5SI3ERwyjc

Positioning of the signage is far from ideal, but it's also no silver bullet. MarcusN I hate to tell you this, but you can't afford to keep missing traffic signs likes this, especially in London, or it'll cost you a fortune.

Posted by: stamfordman Sat, 12 Jan 2019 - 11:19
Post #1450478

QUOTE (cp8759 @ Sat, 12 Jan 2019 - 08:11) *
Positioning of the signage is far from ideal, but it's also no silver bullet.



We've seen these two no rights several times before - there are two - Ponsonby Terrace and then Ponsonby Place (which is this thread) in quick succession. We've seen taxi drivers get muddled here. I think they have improved the signage for Terrace (3 signs) but in doing so left a solitary one ahead for Place, which is misleading in my view. There are also no obvious reasons for the banned turns.

https://www.google.co.uk/maps/@51.4894625,-0.1306942,3a,48.8y,47.33h,89.52t/data=!3m7!1e1!3m5!1ssBr9HxVN2h9FtBNcip2e4Q!2e0!5s20180901T000000!7i13312!8i6656?hl=en

Powered by Invision Power Board (http://www.invisionboard.com)
© Invision Power Services (http://www.invisionpower.com)