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TFL Yellow Box Junction Penalty Charge
Enrique_123
post Fri, 14 Dec 2018 - 00:28
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Hi,

I received a PCN from TFL for stopping in a YBJ.

I note that the PCN has noted my vehicle reg and also my address. However rather than addressing the PCN to myself it is addressed to "The company secretary". This is not a company car so should have been addressed to myself. Can the PCN be invalidated on the basis of this error?

Thanks
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post Fri, 14 Dec 2018 - 00:28
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Enrique_123
post Mon, 21 Jan 2019 - 10:46
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Ok thanks so what's the best option here? (Send a copy of my letter with their new PCN) and indicate that they haven't served e notice of acceptance and now there are two PCNs for the same contravention or the latter (which was my original thinking) and indicate that the PCN wasn't served within the required timeframe
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hcandersen
post Mon, 21 Jan 2019 - 11:37
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NO.

As per cp, your reps are simple: penalty exceeded the amount applicable....in the circumstances of the case.

This is not rocket science IMO.

First PCN not addressed to you. So forget it.

YOU have now received a PCN which you must consider afresh.

Date of contravention = A
Date of issue of PCN =
Therefore date served presumed to be = B
Is B more than 28 days after A? Yes.

Then the PCN is prima facie invalid and the penalty may not be enforced against you. The only exception is if DVLA provided the authority with the full (wrong) address used by TfL for the first PCN, in which case IMO the PCN is in time.

And the likelihood? S*d all.

But what is a tad irksome is that you've not posted your (the current) PCN and what you wrote in respect of the first PCN. We must know what you've done by you posting evidence, not just words.




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cp8759
post Mon, 21 Jan 2019 - 15:31
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What hcandersen says. The PCN is out of time and that's that, there's no need to go into it any further.

If they send you a rejection and attempt to argue the toss, post the rejection on here.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Enrique_123
post Wed, 23 Jan 2019 - 14:29
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PCN (new) and my original response attached

This post has been edited by Enrique_123: Wed, 23 Jan 2019 - 14:29
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PASTMYBEST
post Wed, 23 Jan 2019 - 14:33
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Follow the advice of HCA above the PCN is out of time


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Enrique_123
post Thu, 28 Feb 2019 - 20:50
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I've received the attached rejection letter from TFL.

So what my next step be?

This post has been edited by Enrique_123: Thu, 28 Feb 2019 - 21:12
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PASTMYBEST
post Thu, 28 Feb 2019 - 22:21
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QUOTE (Enrique_123 @ Thu, 28 Feb 2019 - 20:50) *
I've received the attached rejection letter from TFL.

So what my next step be?



So its off to adjudication (don't worry you don't even have to attend,) A bit more detail is needed but its effectively the same argument but the adjudicator will apply the law TfL are just trying to bluster their way out of their mistake


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cp8759
post Fri, 1 Mar 2019 - 19:43
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To top it off, the appeal period on the Notice of Rejection is wrong. Their argument that they rely on DVLA is laughable, as the DVLA return will evidence that DVLA gave TFL your name, and TFL replaced it with "the company secretary" for no (valid) reason.

For now I would just register an appeal with the tribunal and put "detailed grounds to follow" in the reasons box, there's a fair chance they won't contest.

This post has been edited by cp8759: Fri, 1 Mar 2019 - 19:44


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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