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Possible Illegal Yellow Box Vio (Out of Time statement?)
wiltshired
post Tue, 12 May 2020 - 16:14
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I've uploaded the Google Maps cache from March 2019 (alleged violation was in April 2019). Looks like one corner doesn't go anywhere near a kerb - is this allowable?

The reason I'm writing up here so late, is that Equita (the debt collection firm) have only just tracked me down at my new address, asking for £278! I sold my car 3 days after the event and then moved house, so had no way of seeing the original notice to owner, nor did I have any way of appealing, or seeing if the notices were sent to me or the dealer I sold the car to.

The violation itself - I was caught in the box behind traffic that got stopped by a downstream traffic light (Barking and Dagenham have pics on their site using the PCN reference sent to me by Equita, but no video).

This post has been edited by wiltshired: Tue, 12 May 2020 - 20:00
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post Tue, 12 May 2020 - 16:14
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PASTMYBEST
post Mon, 10 Aug 2020 - 17:49
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QUOTE (Neil B @ Mon, 10 Aug 2020 - 18:47) *
QUOTE (PASTMYBEST @ Mon, 10 Aug 2020 - 18:39) *
If it is £130 on either of these days you win

Saturday and Sunday too.



Quite right


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wiltshired
post Tue, 11 Aug 2020 - 01:49
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I eventually found the video on viewmypcn.co.uk, and it shows the vehicle stationary within the box.

Is there any point begging to get the PCN reissued at this point, because of non-receipt, when all that will happen is I get served again and receive the letter?

If there is any challenge to the PCN itself, I'll make representation.
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hcandersen
post Tue, 11 Aug 2020 - 07:49
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Why does para. 9 to Schedule 1 to the LLA Act 2003 not apply?

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Neil B
post Tue, 11 Aug 2020 - 08:55
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QUOTE (hcandersen @ Tue, 11 Aug 2020 - 08:49) *
Why does para. 9 to Schedule 1 to the LLA Act 2003 not apply?

has anyone said it doesn't?

Council have said they issued PCN 31/7 and he now has a copy.
At best I suppose he could ask, in reps, for a copy of the case history log.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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hcandersen
post Tue, 11 Aug 2020 - 10:45
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But the 'copy' does not constitute service because as far as I can tell it was emailed.

If it wasn't and a copy was posted then it must be void because the payment etc. dates are based on a requirement/presumption of posting on the date of issue, not subsequent posting.

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Neil B
post Tue, 11 Aug 2020 - 10:52
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QUOTE (hcandersen @ Tue, 11 Aug 2020 - 11:45) *
But the 'copy' does not constitute service because as far as I can tell it was emailed.

What relevance? It's a 'copy'. They've said they issued PCN 31/7.

Put them to evidence of that by all means but, for now, where is the evidence it isn't true?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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PASTMYBEST
post Tue, 11 Aug 2020 - 11:33
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The correct date for payment of the discount is 13th of August. Thursday. that is 14 days from date of notice.

The PCN tells you it is 14 days from date of service of the notice That is Monday the 17th of August if the discount is still available at 11.59 then you could pay the discount.( don't leave it till this last minute if this is your intention.

If it is not then you win eventually. but make sure you have dated screenshots of the payment screen

or you can argue that you did not receive the PCN, IMO that would not go down well at adjudication so i would not risk it. Service by e mail has never been tested but nothing in the regulations prohibits it so you then go the the civil procedure rules and they do allow electronic service


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hcandersen
post Tue, 11 Aug 2020 - 16:32
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No PCN has been reissued after a month, so it looks like I've been lucky and have nothing to contest. #46

The borough claim that the new PCN was served at my address 31/07 - although this was not received. They emailed a copy (too large to reproduce here). Post #52 refers.


According to the OP, the claimed new PCN was not served, instead it was emailed.

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Neil B
post Tue, 11 Aug 2020 - 16:46
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QUOTE (hcandersen @ Tue, 11 Aug 2020 - 17:32) *
instead it was emailed.

Where are you getting 'instead' from?

This post has been edited by Neil B: Tue, 11 Aug 2020 - 16:48


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Wed, 12 Aug 2020 - 10:22
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QUOTE (wiltshired @ Tue, 11 Aug 2020 - 02:49) *
If there is any challenge to the PCN itself, I'll make representation.

Do you understand what you need to be getting on with?

Do you need us to explain further?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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