Thread: Appeal Against Pcn Turned Down Help?

Hi
i previously put up a thread and cannot trace it now? i was adviced to appeal against my pcn and did so and have attached the appeal letter. I have just recieved the letter of refusal and will down load it later today (have to scan at library). Is it worth appealling again? Single parent student nurse with no pennies at the moment so dont know what to do??
Have attached a copy of the letter i sent with this thread.

Ting helped witht he last thread not sure if you have anymore advice this time?

many thanks
Corcorans1



LETTER THAT I SENT.....................

I am appealing against the fine you issued (date) on technical errors.

1 You failed to inform me of the period in which I may make representations. For this particular legislation LLA & TFL Act 2003 the deadline is 28 days beginning with the date on which the notice was served. (the date I received it).

As you have failed to tell me this it is prejudicial since I believed as you stated, that the deadline was the same 28 period that you described, which is beginning date of this notice. (A shorter period).

2 You also say DO NOT PASS TO THE DRIVER and goes on to say that only the owner may make representations.
This is not strictly true. a) anyone may make representations on my behalf with my permission. The owner is only liable for payment of any resultant penalty. b) A recipient of such a PCN may not have been the driver, in my view, you obstruct my ability to formulate as appeal by appearing to suggest I may not consult the drive about the circumstances or elect them to make representations. This is also prejudicial.

When the PCN fails to comply with the law like you have done and failed to fully advise me of your legal position then it is technically invalid and unenforceable.


I await your reply

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Originally Posted by corcorans1

Hi
i previously put up a thread and cannot trace it now? i was adviced to appeal against my pcn and did so and have attached the appeal letter. I have just recieved the letter of refusal and will down load it later today (have to scan at library). Is it worth appealling again? Single parent student nurse with no pennies at the moment so dont know what to do??
Have attached a copy of the letter i sent with this thread.

Ting helped witht he last thread not sure if you have anymore advice this time?

many thanks
Corcorans1



LETTER THAT I SENT.....................

I am appealing against the fine you issued (date) on technical errors.

1 You failed to inform me of the period in which I may make representations. For this particular legislation LLA & TFL Act 2003 the deadline is 28 days beginning with the date on which the notice was served. (the date I received it).

As you have failed to tell me this it is prejudicial since I believed as you stated, that the deadline was the same 28 period that you described, which is beginning date of this notice. (A shorter period).

2 You also say DO NOT PASS TO THE DRIVER and goes on to say that only the owner may make representations.
This is not strictly true. a) anyone may make representations on my behalf with my permission. The owner is only liable for payment of any resultant penalty. b) A recipient of such a PCN may not have been the driver, in my view, you obstruct my ability to formulate as appeal by appearing to suggest I may not consult the drive about the circumstances or elect them to make representations. This is also prejudicial.

When the PCN fails to comply with the law like you have done and failed to fully advise me of your legal position then it is technically invalid and unenforceable.


I await your reply

Representations against penalty charge notice

1 (1) Where it appears to a person on whom a penalty charge notice has been served under section 4 (Penalty charges for road traffic contraventions) of this Act (in this Schedule referred to as “the recipient”) that one or other of the grounds mentioned in sub-paragraph (4) below is satisfied, he may make representations to that effect to the enforcing authority.

The enforcement authority may accept reps from a 3rd party but they have no legal right to make reps.

Don't worry - councils will rarely just back down on legal wording errors (they'd be admitting EVERY ticket issued is wrong).

Wait for the NtO and appeal again.

Some councils only back down if you apply for Adjudication.

I'm glad you've put this in though:

2 You also say DO NOT PASS TO THE DRIVER and goes on to say that only the owner may make representations.
This is not strictly true. a) anyone may make representations on my behalf with my permission. The owner is only liable for payment of any resultant penalty. b) A recipient of such a pcn may not have been the driver, in my view, you obstruct my ability to formulate as appeal by appearing to suggest I may not consult the drive about the circumstances or elect them to make representations. This is also prejudicial.

I think this is an excellent example of prejudicing your ability to appeal through giving false information. I've just never seen anyone appeal on it yet, so I'd be interested to see how it will go.

Originally Posted by Al27

I think this is an excellent example of prejudicing your ability to appeal through giving false information. I've just never seen anyone appeal on it yet, so I'd be interested to see how it will go.

Its not false its correct which is probably why no one has won an appeal on it.

Typical response from TfL they routinely ignore appeals. When we see the paper we can judge on the case.

Originally Posted by lamma

Typical response from TfL they routinely ignore appeals. When we see the paper we can judge on the case.

I thought it was Camden Council?

even worse than TfL !

Replies for pcn
Thanks All

Hi Everyone,
thanks for comments have put up my refusal of appeal as you can see its dated 11th December but i only recieved it on 2oth Dec. hardly time enough to appeal but will email them and tell them that i am appealling.
Does anyone know if i still get the discounted rate whilst appealling? it was the case first time around.
thanks
corcorans 1

London Local Authorities and Transport for London Act 2003 (c. 3)