No Name on PCN |
No Name on PCN |
Tue, 24 Mar 2020 - 12:10
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#1
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
I rented a vehicle and received a PCN from TFL for parking on pavement. for some sort of reason the PCN has been sent to me under "The Company Secretary". i rent from Hertz on my private name and it seems there is a mistake from Hertz of TFL for not putting my name as the renter.
Is this PCN valid or does it have to have my name? |
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Tue, 24 Mar 2020 - 12:10
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Tue, 24 Mar 2020 - 12:16
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
This is a known glitch with TFL. Is it your address - has the PCN been reissued to you under the Hertz terms (which probably includes an admin fee) but without your name?
Post the PCN. Put pics on https://imgbb.com or such like as space on forum is limited. |
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Tue, 24 Mar 2020 - 12:18
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#3
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
yes, it has my address and was reissued by TFL after hertz giving them my info
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Tue, 24 Mar 2020 - 14:30
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#4
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
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Tue, 24 Mar 2020 - 17:36
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#5
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
Thanks for this
so i will send online challenge on the above note. |
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Tue, 24 Mar 2020 - 17:49
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#6
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Let's have a look at the PCN--leave in everything but your details and the PCN number.
TfL often make mistakes on dates etc and the exact contravention. If you could get photos from TfL that would be a bonus. Might as well look for other flaws before you appeal because it will be a camera generated PCN most like. Mick |
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Fri, 27 Mar 2020 - 16:15
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#7
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Luke Nolan v Transport for London (2190181937, 04 June 2019)
The Appellant disputes the PCN stating that it was incorrectly addressed to "The company Secretary" and that it is not possible to determine by the use of the camera the weight or contents of the goods being carried as to whether they required the use of the vehicle to transport them.In addition the appellant states that he wanted to collect something which was not ready. The video evidence does show the driver exiting the vehicle with a large carrier bag and returning a few minutes later without it. The appellant's evidence is vague as to the contents of the bag and what he claims he was intending to collect. The onus is on the motorist to prove that they fall within the loading/unloading exemption. However with regard to the PCN, the local authority say that the words "Company Secretary" were inserted into the PCN in error but that this should not invalidate the PCN. I do not agree. The PCN is a legal document and should be accurate as to its contents and to whom it is addressed, and which should accord with the registered keepers details at the DVLA. As the addressee is incorrect I find the PCN to be defective and allow this appeal. -------------------- 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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Sat, 11 Apr 2020 - 23:40
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#8
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
I challenged the PCN to TFL on the basis above that it was not correctly addressed. I received today a new PCN from TFL with my correct name. I have not recieved any response to the challenge.
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Sun, 12 Apr 2020 - 08:43
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#9
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
I challenged the PCN to TFL on the basis above that it was not correctly addressed. I received today a new PCN from TFL with my correct name. I have not recieved any response to the challenge. Are the numbers on the PCN te same? -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 12 Apr 2020 - 12:16
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#10
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Member Group: Members Posts: 35,065 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
OP, we're getting away from the law.
As regards MMV's posted case, it hardly supports your case if the evidence in that case has been correctly summarised in the decision. This is because of this comment: The PCN is a legal document and should be accurate as to its contents and to whom it is addressed, and which should accord with the registered keepers details at the DVLA. As the addressee is incorrect I find the PCN to be defective and allow this appeal. In your case, the 'registered keeper details at the DVLA' are irrelevant. Your owner details were supplied by Hertz, and DVLA, like plumage, don't enter into it. So getting back to the law. https://www.legislation.gov.uk/uksi/2007/34...gulation/5/made But how could we apply this, you still have not posted the PCN but have submitted reps which have been rejected, but do we really know because the NOR has not been posted! OP, post docs otherwise just pay the discount if it's been re-offered. Yes, I know it's hard and without subtly, but frankly we need to galvanise you into positive action and if this works, good. This post has been edited by hcandersen: Mon, 13 Apr 2020 - 08:02 |
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Sun, 12 Apr 2020 - 12:40
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#11
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
OP, we're getting away from the law. As regards MMV's posted case, it hardly supports your case if the evidence in that case has been correctly summarised in the decision. This is because of this comment: The PCN is a legal document and should be accurate as to its contents and to whom it is addressed, and which should accord with the registered keepers details at the DVLA. As the addressee is incorrect I find the PCN to be defective and allow this appeal. In your case, the 'registered keeper details at the DVLA' are irrelevant. Your owner details were supplied by Hertz and DVLA, like plumage, don't enter into it. So getting back to the law. https://www.legislation.gov.uk/uksi/2007/34...gulation/5/made But how could we apply this, you still have not posted the PCN but have submitted reps which have been rejected, but do we really know because the NOR has not been posted! OP, post docs otherwise just pay the discount if it's been re-offered. +1 we know nothing ATM so cannot look to the legalities of The first or re issued PCN Yes, I know it's hard and without subtly, but frankly we need to galvanise you into positive action and if this works, good. -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Sun, 12 Apr 2020 - 19:34
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#12
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
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Sun, 12 Apr 2020 - 21:39
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#13
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
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Mon, 13 Apr 2020 - 10:16
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#14
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
please answer this very important question. Are the PCN numbers the same or different?
Also ask Hertz for a copy of or at least the date of notice of acceptance of representations they would have recieved cancelling the PCN in their name This post has been edited by PASTMYBEST: Mon, 13 Apr 2020 - 10:26 -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 13 Apr 2020 - 14:22
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#15
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
both numbers are the same. i will ask hertz but can take 14 days to get reply
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Mon, 13 Apr 2020 - 14:51
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#16
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
both numbers are the same. i will ask hertz but can take 14 days to get reply So they have a PCN served on the company secretary Number 12345 They have a pCN served on you Numbered 12345 And I would venture if you ask hertz for a copy of theirs it is numbered 12345 They cannot do this Hertz might pay te company secretary might pay and you might pay there is nothing in the regulations that covers the council making a mistake with an address realising and so cancelling that PCN and serving a fresh one providing it is to a different person but more so they cannot serve a PCN on two people or legal entities -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 13 Apr 2020 - 16:23
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#17
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
Therefore I'm going to fight this one and request an adjudicator decision
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Mon, 13 Apr 2020 - 17:00
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#18
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Therefore I'm going to fight this one and request an adjudicator decision Don't send anything without posting here for review, it is a technical argument tat you do not want to get wrong. Did you receive anything else other than the new PCN? if so post it -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 13 Apr 2020 - 17:04
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#19
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Member Group: Members Posts: 35,065 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
I suggest that before you get too carried away, you post your reps. For all I know, these could have not been formatted as reps but simply a request, to which they complied, for a PCN in your name. In the scheme of things, it wouldn't alter the outcome, but let's have all the required evidence pl.
By the way, the date of PCN 1 (22 March) was a Sunday, so it doesn't even get out the starting stalls: the date of issue must be the date it was posted. |
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Tue, 14 Apr 2020 - 15:13
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#20
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Member Group: Members Posts: 226 Joined: 20 Jan 2013 Member No.: 59,476 |
All i wrote in the challenge was that the PCN os not addressed in my name and therefore i am not liable to this contravention.
here is the summary of the process of this PCN PCN status history 08 April 2020PCN Batched N/A 07 April 2020On Hold: SUS20 - Enquiry Received (22/04/2020) N/A 24 March 2020Email dispatched to: ----------@gmail.com Subj Representation receipted N/A 24 March 2020On Hold: SUS26 - Representation Received N/A 22 March 2020PCN Batched N/A 21 March 2020Representation Accepted TfL has accepted a representation received for this PCN. 13 March 2020Representation submitted Under review N/A 10 March 2020On Hold: SUS26 - Representation Received N/A 20 February 2020PCN Batched N/A |
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