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Sent out of time witness statement and received new NTO for £100??


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Hello,

 

I received a PCN and which i was not aware of and subsequesntly sent a out of time witness statement.

 

When i recieved the new NTO it was for £100 and not the original £50! Is this right?

 

Should i dispute the NTO on the grounds that "The penalty charge exceeds the ammount applicable in the circumstances of the case"??

 

Many thanks for your advice

 

LBRPCN.jpg

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If the contravention carries a £100 penalty, there is usually a discount available if it is paid within 14 days. However after that, it is technically forfeited for good.

 

At their discretion, the Council may agree to reinstate it, but that's their call. What you can do, if you are willing to pay, is send a cheque for £50 together with a letter appealing the remaining £50 on the grounds that you never had the opposrtunity to pay the discounted rate. This can sometimes succeed.

 

If it doesn't, you don't have a real case to pursue.

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Just beware that what Jamberson has no legal basis - ie it is not a prescribed methodology in the legislation.

There is a risk that the LA will view it as a failure to respond in the prescribed way and issue a further charge certificate.

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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Just beware that what Jamberson has no legal basis - ie it is not a prescribed methodology in the legislation.

There is a risk that the LA will view it as a failure to respond in the prescribed way and issue a further charge certificate.

 

I would be most surprised if they did. They are obliged to respond to representations, and the quality of the representations (ie its contents of the letter) do not change that. He should get a reply "yes" or "no" before further action.

 

Notwithstanding, he could always do as I suggested and make a note to chase it up before the 28 days is up, to find out how the council is going to treat his letter. Two part payments before deadline is OK.

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Notwithstanding, he could always do as I suggested and make a note to chase it up before the 28 days is up, to find out how the council is going to treat his letter. Two part payments before deadline is OK.

 

That would be a solution

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Is this not one of the same. He had received a copy of a letter objecting to an Out of Time witness statement. This could be confirmation that the authority did not suceed.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Is this not one of the same. He had received a copy of a letter objecting to an Out of Time witness statement. This could be confirmation that the authority did not suceed.

 

If you read carefully, you will note that its 2 different LA's and 2 different parking offences but similar outcomes.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

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