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Pcn issued after 28 days
Lg1608
post Fri, 21 Feb 2020 - 00:21
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Hi all

I received a pcn in the post,date of contravention was 12/11/19 and date of posting was 23/12/19, i appealed online as it wasn't issued within 28 days then they sent this by email,

"I refer to your recent e-mail regarding the above Penalty Charge Notice.
I can advise that the Penalty Charge Notice was not sent out within the correct time frame due to an error that occurred with DVLA. As this was an error caused by DVLA and outside of Medway Council's control, legally we get more time to serve the Penalty Charge Notice by post. Therefore the Penalty Charge Notice is still valid.
If you wish to appeal the Penalty Charge Notice then please submit your grounds for appeal within 14 days of the date of this letter in order for your appeal to be considered at the reduced
amount. Alternately, if you wish to make payment then again please do so within 14 days of the date of this letter in order to be able to pay the reduced amount of £35.00.
Failure to take any action will result in the Penalty Charge Notice to progress on the system and further charges being added."

I appealed again and then received a charge certificate, is this correct? I thought they were supposed to send a notice of rejection with a form to appeal to the adjudicator? I have now received a second charge certificate for the same pcn so confused..have no idea what to do now?
Sorry for the long post i cannot upload pictures
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post Fri, 21 Feb 2020 - 00:21
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PASTMYBEST
post Fri, 21 Feb 2020 - 00:34
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You need to show us all documents redact only personal details we need all dates time s and locations. This can be rest easily if everything you say is correct


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Neil B
post Fri, 21 Feb 2020 - 14:23
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I think you were trying to post about 30 minutes ago but didn't?

If the problem was the docs then you need to host them externally, e.g. Flickr, Imgur, ibb, etc.
and paste the BB codes directly into a reply here.

Shout if you run into problems.


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

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Lg1608
post Sun, 23 Feb 2020 - 00:23
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https://mail.google.com/mail/u/0?ui=2&i...2b439db5f4951a4

https://mail.google.com/mail/u/0?ui=2&i...2b4392b9d1217d3

https://mail.google.com/mail/u/0?ui=2&i...2b437f74c5d8c52

https://mail.google.com/mail/u/0?ui=2&i...2b4368b15da2bc1

H,i yes i have been trying to add pictures but i have not been able to, i have tried again not sure if it has worked now?
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Lg1608
post Sun, 23 Feb 2020 - 00:36
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I don't think that has worked,i tried flickr but the pictures weren't clear, I'm not sure what else to try?
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Lg1608
post Sun, 23 Feb 2020 - 22:32
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I'm not able to add pictures is someone able to do it for me if i send them by email please?
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stamfordman
post Sun, 23 Feb 2020 - 23:20
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you can email to me - marcb@csi.com
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Lg1608
post Mon, 24 Feb 2020 - 00:45
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Thank you, i have sent them to you
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hcandersen
post Mon, 24 Feb 2020 - 08:09
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I received a pcn in the post,date of contravention was 12/11/19 and date of posting was 23/12/19, i appealed online as it wasn't issued within 28 days then they sent this by email,

At least just tell us the authority, contravention and post the dates:

Authority name -
Contravention - moving traffic/bus lane/parking whatever;
Appeal - date;
Email - date.
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Mad Mick V
post Mon, 24 Feb 2020 - 08:26
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Once we see the photos/documents the Council should be asked to supply the ticket history so we can see the timeline. It's not enough for them to state they have a 28 day get out because of a DVLA error.
This is what we want to determine (my bold):-
(a)within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;

Mick
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hcandersen
post Mon, 24 Feb 2020 - 08:46
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IMO we do not have request a timeline, which involves making a request and losing control of the process, the burden is on the authority to prove that they are entitled to rely on this provision.

Therefore, unless they can evidence that they received the DVLA's reply between 10 and 23 Dec then they lose.
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stamfordman
post Mon, 24 Feb 2020 - 09:40
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There are two charge certificates for the same PCN it seems.




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hcandersen
post Mon, 24 Feb 2020 - 12:54
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OP, pl confirm you are the registered keeper and that the PCN and CCs are addressed to you.
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Neil B
post Mon, 24 Feb 2020 - 14:10
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QUOTE (Lg1608 @ Fri, 21 Feb 2020 - 00:21) *
I appealed again and then received a charge certificate,

What were the dates of your two challenges?


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

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Lg1608
post Mon, 24 Feb 2020 - 15:53
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QUOTE (hcandersen @ Mon, 24 Feb 2020 - 12:54) *
OP, pl confirm you are the registered keeper and that the PCN and CCs are addressed to you.


Yes i am the registered keeper and they are addressed to me

QUOTE (Neil B @ Mon, 24 Feb 2020 - 14:10) *
QUOTE (Lg1608 @ Fri, 21 Feb 2020 - 00:21) *
I appealed again and then received a charge certificate,

What were the dates of your two challenges?


The dates of my challenges are 13th January and 4th February
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Neil B
post Mon, 24 Feb 2020 - 16:04
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QUOTE (Lg1608 @ Mon, 24 Feb 2020 - 15:53) *
The dates of my challenges are 13th January and 4th February

What did your second challenge say?

and --- I forgot to ask, the date of their response?



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

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Lg1608
post Mon, 24 Feb 2020 - 16:53
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The date of their response was 22nd January but had no response the second time just the charge certificates is that correct? as i thought they were supposed to write to me. I can't remember exactly but someone else advised me to tick procedural impropriety and say the pcn is void as it was not issued within 28 days,and that they are allowed to exceed 28 days but have not proved a) they applied to dvla within 14 days and b) made no error on their part.
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Neil B
post Mon, 24 Feb 2020 - 18:21
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So how did you make that second challenge? By post? e-mail? What?

It's important because >

> This is easy to get reset to where it should be. You just wait for the next document, 'Order for Recovery' and
file a TE9 witness statement (tick box is all) on the grounds 'representations made but no reply received'.
The matter will then be referred to the adjudicator.

But -- you will then be asked by the adjudicator to produce those representations.


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

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Lg1608
post Mon, 24 Feb 2020 - 21:39
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Ok thank you, I made the second challenge online,so i would need to show them this? As i only have an email receipt. How long does it usually take to receive the order of recovery?
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Neil B
post Mon, 24 Feb 2020 - 21:46
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QUOTE (Lg1608 @ Mon, 24 Feb 2020 - 21:39) *
Ok thank you, I made the second challenge online,so i would need to show them this? As i only have an email receipt. How long does it usually take to receive the order of recovery?

With the first charge certificate being 10/2, the earliest they could register the debt and get permission to send OfR
would be 26th Feb.
The OfR gives you 21 days to act so if you don't have one by, say 10th March come back here and tell us.
Don't forget.


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

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