PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

No appeal replied from Havering Council only PCN increases....
robbieuk81
post Sat, 13 Apr 2019 - 14:19
Post #1


Member


Group: Members
Posts: 99
Joined: 22 May 2011
Member No.: 46,864



Hi All,

I definitely need some assistance now as it is beyond my knowledge...I previously had some history with havering PCN's and even had to go to adjudicators once to win the case however this one drives me mad now because of council's ignorance in not responding at all.

My gf has received a PCN on 14th December for the vehicle left outside my drive. There is a single yellow line beside my drive and residential parking on the other side of the road. Her car developed a fault and as she was not far away from where I live and she managed to get to the street. Couple of my friends and I managed to push the car next to my house but we had no space on a drive so just left the car outside it. Recovery vehicle was called and we waited for it inside the house. On arrival of recovery vehicle we found PCN on the car window...

The first appeal followed few days later with explanation of what has happened and invoice from the garage was provided. No response from council was received.

Then towards the end of January gf received Notice to Owner sent to her address. The notice offered no discount and was dated 16th January 2019.

We have made the appeal on 4th February 2019 outlining the reasons why the car was left outside my property. Also advised that we have not received any response to initial response.

Did we get a response to the appeal? Nope. Nothing at all.

However we have now received a Charge Certificate dated 5th April 2019 with additional fee of £65 added to the PCN.

it drives me mad as both previous appeals were ignored by the council and no appeal rejection letters were sent to us so we have no idea why appeals were turned down. Not only have they not offered 50% discount with the Notice to Owner letter as initial appeal was made within 14 days of PCN issued, they have also now increased the fine to £195 and are threatening with the court.....

Any ideas what should I do now please?












Go to the top of the page
 
+Quote Post
3 Pages V  < 1 2 3  
Start new topic
Replies (40 - 46)
Advertisement
post Sat, 13 Apr 2019 - 14:19
Post #


Advertise here!









Go to the top of the page
 
Quote Post
hcandersen
post Sat, 21 Sep 2019 - 10:06
Post #41


Member


Group: Members
Posts: 25,302
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



Wrong.

The council have no authority to send such misleading letters, and I quote:

'After it is registered......your case will be sent to an Enforcement Agent to recover the funds'

Totally wrong, unwarranted, gross misstatement of the enforcement process, an attempt to usurp the authority of the court and IMO well, well beyond the bounds of acting fairly. Nothing to do with competence other than in the sense of incompetence.

Raise this at your hearing.

OP, for info the procedure is:
First step is for the authority to apply to register the penalty as a debt. The court's permission in CONDITIONAL in that they would grant permission for the authority to issue an OfR subject to the owner being given the unilateral right to make representations to the court that the authority had not, as they would have assured the court, followed the prescribed procedure. On receipt of a valid an in-time submission from an owner the court would revoke the order without even referring the matter to the authority.
If the authority referred the matter to an Enforcement Agent upon registering the penalty with the court then they would be acting improperly and any enforcement agent would NOT act upon any such instructions until the court had given permission to pursue the owner, which would be a minimum of 21 days.

Not quite what the authority's letter clearly states, is it?

I know this occurred 5 months ago, but I would still raise the point at any hearing.
Go to the top of the page
 
+Quote Post
robbieuk81
post Tue, 24 Sep 2019 - 19:58
Post #42


Member


Group: Members
Posts: 99
Joined: 22 May 2011
Member No.: 46,864



Thank you very much Hcandersen - we will definitely do
Go to the top of the page
 
+Quote Post
robbieuk81
post Wed, 25 Sep 2019 - 14:04
Post #43


Member


Group: Members
Posts: 99
Joined: 22 May 2011
Member No.: 46,864



Well it looks like my gf and I completely messed it up this one......I was under impression that tribunal hearing was adjourned until October and it wasn't....the hearing took place on 23rd Sep without any party being present....

I am quite disappointed with this as I do believe it was possible to reach a positive outcome with all of points mentioned earlier....

At the moment it is down to the council to decide what they do as adjudicator only recommended cancelling the PCN.....

I wonder what will Havering council say to this

https://ibb.co/23kvrQf
https://ibb.co/HxTh8CX
https://ibb.co/h83kmJ9

Go to the top of the page
 
+Quote Post
PASTMYBEST
post Wed, 25 Sep 2019 - 15:24
Post #44


Member


Group: Members
Posts: 18,382
Joined: 6 Nov 2014
Member No.: 74,048



Why did you think it had been adjourned?


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
robbieuk81
post Wed, 25 Sep 2019 - 15:29
Post #45


Member


Group: Members
Posts: 99
Joined: 22 May 2011
Member No.: 46,864



Because it was originally planned for start of September and then my gf asked to adjourn it.....I was under impression she asked to adjourn it until start of October where it seems she completely messed it up dates.....
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Wed, 25 Sep 2019 - 16:06
Post #46


Member


Group: Members
Posts: 18,382
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (robbieuk81 @ Wed, 25 Sep 2019 - 16:29) *
Because it was originally planned for start of September and then my gf asked to adjourn it.....I was under impression she asked to adjourn it until start of October where it seems she completely messed it up dates.....


You can ask for a review on the basis that you did not attend but had a good reason for not doing so


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 25 Sep 2019 - 19:40
Post #47


Member


Group: Members
Posts: 14,640
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (PASTMYBEST @ Wed, 25 Sep 2019 - 17:06) *
QUOTE (robbieuk81 @ Wed, 25 Sep 2019 - 16:29) *
Because it was originally planned for start of September and then my gf asked to adjourn it.....I was under impression she asked to adjourn it until start of October where it seems she completely messed it up dates.....


You can ask for a review on the basis that you did not attend but had a good reason for not doing so

I'm not sure that getting in a muddle over the date is a good reason. In fact I'd be astonished if a review were accepted for that reason.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post

3 Pages V  < 1 2 3
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 15th November 2019 - 10:41
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.