Charge without notice?

[jerrythompson]

Hi, i have received a pcn from my local council today. They have served me by post because they state that the officer was still writing the notice as i drove off.

 

Can they still issue this notice? It seems to me that an officer who hasnt reached his target for that day could just pick a reg no. There is no photo no proof.

 

Please advise

Thanks

[jasmin2008]

Can they still issue this notice? It seems to me that an officer who hasnt reached his target for that day could just pick a reg no. There is no photo no proof.

Yes, they can issue if you drive away. The rules changed when the Traffic Management act came into force on 31st March 2008.

 

A CEO's notes could be sufficient to justify the issue of a PCN by post.

[jerrythompson]

They can just make it up as they go then really.

 

Is there anything i can do?

[Guest Ting]

Is there anything i can do?

 

yep. Show us ALL of the PCN. Host images on tinypic.

 

If not able soonish then start by saying which Council.

 

Also describe the circumstances and , if relevant, signage and road markings at the location - pics are useful.

-

[jerrythompson]

tinypic? whats this?

 

Its Medway Council and as far as i can remember there were double yellow lines. Will check and let you know.

 

Hubby popped in the bank. He was 1 minute. Not sure of signage will check that too.

 

Thank you for listening!

[Guest Ting]

tinypic? whats this?

 

 

Sorry can't help sounding a bit direct with this.

 

First thing I do if someone mentions a word i don't know is to 'google' it.

 

Host your images there.

[jerrythompson]

sorry, not computer literate. Downloaded tinypics but dont know how to get and move them about so have pics on my computer but dont know how to attach to this thread, please help. Excuse my ignorance, have other talents!

[MOOD]

sorry, not computer literate. Downloaded tinypics but dont know how to get and move them about so have pics on my computer but dont know how to attach to this thread, please help. Excuse my ignorance, have other talents!

copy the URL

Then before it type - no space please -hope this make sense. Or they may have already the IMG in front of your URL so all you need is copy - right click and copy..then paste here.

There is a thread somewhere here how to downlaod pics. good luck

[jerrythompson]

Hi, i was issued a pcn by kensington & chelsea to which i appealed. I did not receive a refusal letter to this appeal so when they then chased me up with an increase in fine some 4 months later, i queried it and sent a cheque for the amount i should have paid had i received the refusal letter. They are (surprise surprise) refusing this and are insisting i either pay the higher fine or appeal again. Do i have any rights?

[pin1onu]

Hi, i was issued a pcn by kensington & chelsea to which i appealed. I did not receive a refusal letter to this appeal so when they then chased me up with an increase in fine some 4 months later, i queried it and sent a cheque for the amount i should have paid had i received the refusal letter. They are (surprise surprise) refusing this and are insisting i either pay the higher fine or appeal again. Do i have any rights?

How did you appeal? Post? e-mail? Can you provide proof?

 

Also at what stage did you appeal, PCN or NTO. There is a defined process under the Traffic Management Act and if Kenny and Chelsea didn't follow it you have a case for an appeal.

 

Also if you can post up copies of any paperwork you have received from them they can be examined for any flaws that will render them invalid. Make sure you remove any identifying details (name, address etc).

[jerrythompson]

have i managed it?

or how about that?

[jerrythompson]

Thanks for your response. I appealed in writing at PCN. I have proof they received it because they have sent me a copy of it.

 

There is the PCN dated 23/07/08

-my appeal dated 23/07/08

- a copy of their refusal (which i never received) based on no pay and display

- Their notice to owner dated 21/11/08 telling me i now owe more money

- a letter from me telling them i don not recall this fine (because it had been so long i had forgotten it)

- letter from them dated 28/11/08 reiterating the situation thus far and telling me i have to appeal again or pay £80. Enclosing copy of my initial appeal

- My response on 3/12/08 informs them that i did not receive the refusal letter and if had, the fine would have been £40. I enclosed a cheque for that amount.

- Their reply of 9/12/08 appeal or pay full amount

 

Cant post info up at the moment. What should i be looking for or is it too complicated?

Thanks

[crem]

Surely their NtO is too long after the original PCN to make it valid? Shouldn't this be appealed on procedural impropriatey?

[jerrythompson]

i dont know. What is the time limit? Also because they say they sent the refusal, can a time limit issue actually count?

[nero12]

i dont know. What is the time limit? Also because they say they sent the refusal, can a time limit issue actually count?

AFAIK they have 6 months max to issue a NTO starting from the issue of the pcn.

 

If they have not responded to your informal appeal then you have been denied the right to pay at the disacounted rate which IMV creats a prejudice.

 

 

Can you post up the paperwork suitably washed of details as pin1onu has advised.

Edited December 13, 2008 by nero12

[jerrythompson]

i will try but im a bit tof a techno virgin. will let you know

[jerrythompson]

i have manage to scan everything but i cannot upload them as i dont have an attach icon. Have asked for help from site but just ready to give up now. Just the scans have taken me all day. Off to eat worms!

[green_and_mean]

i have manage to scan everything but i cannot upload them as i dont have an attach icon. Have asked for help from site but just ready to give up now. Just the scans have taken me all day. Off to eat worms!

 

Go to tiny pic.com and upload then paste the link

[jerrythompson]

here we go, please help

[jerrythompson]

[jerrythompson]

Hi there,

Kensington & Chelsea issued a pcn on 23/07/08. I appealed on 23/07/08 and recieved no reply until they escalated the fine in November. i wrote to inform them that i had never recieved a refusal and as such i ws unprepared to pay the higher fine as they had prejudiced my right to pay the lesser amount. At this point i paid £40 in full and final settlement and they cashed it.

 

Subsequently they have now been chasing me for the remaining amount they alledge i owe by saying that my appeals have been out of time. Their letter was dated 9th dec 08, my appeal was dated 13th Dec 08 but they say they didnt receive it until 5th Jan 09 and is therefore out of time. Can they just make the rules up as they go? Can i appeal again? Please help. I admit to this offence but i dont see why i should pay the inflated price when i wasnt given the opportunity to pay at the reduced price. Your thoughts please

Jerry

[jerrythompson]

Hi

After receiving a pcn in July 08 i appealed but never recieved a refusal to my challenge until November, by which time they demanded the higher rate of fine. I sent a cheque for the lower rate of the fine in full and final settlement which they cashed. They are now saying that all of this has been done 'out of time' and are demanding the rest of the higher payment. Furthermore, they have not offered me any further rights to appeal. Do i have any rights to appeal further?, do i have ny rights period? They appear to hold all the cards all the time.

 

Thanks

Jerry

[jerrythompson]

I hold a book of scratch cards issued by Lambeth whereby you scratch off a day, month and year of the day in which you wish to park.

 

Unfortunately i have received a pcn because i forgot to scratch the year off. Do i have a case for appeal as the dates offered for removal are 2008. 09 and 10. None of these have been tampered with and the rest of the book that has already been used is within 2009 so that eliminates the possiblility of me using it in 2008 or obviously 2010. Any advice?

[adamna]

and the rest of the book that has already been used is within 2009 so that eliminates the possiblility of me using it in 2008

Not really, unless you can show when you got the book. If you were really devious....

 

However, to be realistic, it's a discretionary matter, so you need to appeal to the niceness of whoever reads your rep. They are the only ones with the power to make a decision in your favour, you can't appeal elsewhere. (Shocking, I know)

 

Put as much detail as you can and make it really hard for them to believe that you were that devious person that they want you to be, the one that left one page unscratched (but at the right time) in 2008 for potential use and abuse when you wanted to park at exactly the same time in 2009.

 

Stop the world, I want to get off! (yes I'm in the People's Republic of Lambeth too).

 

Good luck.