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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
sakoni2001
I received a PCN from Ealing Council for allegedly making an illegal U-Turn which was caught on camera and they have sent photographs.

The Date of Notice is 5 weeks after the Contravention Date. Is this PCN valid or do I have grounds for appeal.

I admit that I did make the illegal U-Turn and I am not trying to wriggle out of the fine.

However, if I do have grounds for appeal and if successful, I would gladly donate that money to my favourite Charity.

Any help in this matter will be highly appreciated.

Thanks in advance
muckychimney
Post your PCN and photos on here for all to scrutinise, remove all personal data first though then we'll take it from there...a picture speaks a thousand words my friend.
Box Clever
Yes, you do have possible grounds for cancellation. There is a 28 day limit on service of the PCN.

Are you the registered keeper according to the DVLA records or is it a lease/hire car?
sakoni2001
QUOTE (Box Clever @ Sat, 11 Aug 2007 - 22:14) *
Yes, you do have possible grounds for cancellation. There is a 28 day limit on service of the PCN.

Are you the registered keeper according to the DVLA records or is it a lease/hire car?


Hi

Yes, I am the registered keeper according to the DVLA records.

Thanks and Regards
Sakoni2001
Box Clever
Here is a suggested letter for you to send -

Ealing Council
Parking Services
PO Box 46264
London W5 2UN

Dear Sir or Madam,

Re: Document PCN EA*********

On [DATE] I received a document which purports to be a Penalty Charge Notice (PCN) issued by Ealing Council. However, this document does not conform to the legal requirements for a PCN.

Part 2 of the London Local Authorities and Transport for London Act 2003; section 6 (Limitation on service of penalty charge notice) states:

“(1) Subject to the provisions of this section; no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred.”

If you check the purported PCN you will see the date of the alleged contravention is stated as [CONTRAVENTION DATE] and the date of notice is [NOTICE DATE]. This is a period of some [N] days, which is in excess of the statutory 28 day limit.

I look forward to receiving your confirmation that this document is invalid and that it has been cancelled. If I do not receive a response within 28 days of the date of this letter I will assume that you accept its contents.

Yours sincerely,


Persecuted Motorist
sakoni2001
QUOTE (muckychimney @ Sat, 11 Aug 2007 - 19:48) *
Post your PCN and photos on here for all to scrutinise, remove all personal data first though then we'll take it from there...a picture speaks a thousand words my friend.


Hi

I don't have a scanner therefore, difficult to post a copy of the PCN. Thanks for your reply though.
sakoni2001
QUOTE (Box Clever @ Sun, 12 Aug 2007 - 06:29) *
Here is a suggested letter for you to send -

Ealing Council
Parking Services
PO Box 46264
London W5 2UN

Dear Sir or Madam,

Re: Document PCN EA*********

On [DATE] I received a document which purports to be a Penalty Charge Notice (PCN) issued by Ealing Council. However, this document does not conform to the legal requirements for a PCN.

Part 2 of the London Local Authorities and Transport for London Act 2003; section 6 (Limitation on service of penalty charge notice) states:

“(1) Subject to the provisions of this section; no penalty charge notice may be served under this Act after the expiry of the period of 28 days beginning with the date on which the alleged contravention or failure to comply occurred.”

If you check the purported PCN you will see the date of the alleged contravention is stated as [CONTRAVENTION DATE] and the date of notice is [NOTICE DATE]. This is a period of some [N] days, which is in excess of the statutory 28 day limit.

I look forward to receiving your confirmation that this document is invalid and that it has been cancelled. If I do not receive a response within 28 days of the date of this letter I will assume that you accept its contents.

Yours sincerely,


Persecuted Motorist


Hi

Many thanks for that. I will send the letter first thing on Monday and hope for the best after that. Really appreciate your help.
sakoni2001
Hi

I had sent out my letter as Boxclever had suggested and today I had a positive result.

Ealing Council has cancelled the PCN, they say due to a technical error and also issued a rare apology.

Thank you. I am sending a cheque for £60.00 to Oxfam. Hope someone benefits from this.
Owlish
What a great result biggrin.gif
Bescherman
Sorry to resurrect this but I have a very similar issue with a string of PCNs. Since I found this thread extremely helpful and my issue may be relevant to other people who have landed on this thread I thought I should post a link: Series of very late PCNs, all over 6 months late

Thanks very much for all the help posted above.
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