Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default NTO Recieved No PCN - Malicious?

    Hi

    First post here so apologies if it is a long one!

    I took my wife and kids to M/cr City Centre on Christmas Eve, I dropped my wife off and drove around town with my kids for about 30 - 45 mins then picked her up.

    I must have driven round one block about 15 times, and every time I drove past this one traffic warden glared at me as if he was waiting for me to stop, (it did look, I suppose like I was waiting for him to go before I parked) but my baby sleeps when the car is in motion and I had no intention of stopping.

    Any way a month later I get a NTO through my door (dated 22/01/2009) saying that a pcnicon was served on that day...... The Tax disc number was wrong as was the expiry date on it (28/02/09 instead of 31/03/09) and for colour it just says "other"

    The alleged offence was "PARKED OR LOADING/UNLOADING IN A RESTRICTED STREET WHERE WAITING AND LOADING/UNLOADING RESTRICTIONS ARE IN FORCE (code 02).

    They now want £70.

    Where do I go with this, from what I see....

    1) No PCN Issued
    2) I never stopped or left my vehicle
    3) Tax disc data wrong.

    I think the guy was just annoyed with me driving around but that is no crime?

    any advice welcome and appreciated!


  2. #2
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    Default Re: NTO Recieved No PCN - Malicious?

    Firstly, be absolutely sure that this si an NtO and not a Section 10 pcnicon.

    If it is a s.10 PCN then it is out of time - it has to be served within 28 days. If it is an NtO, then your appeal is on the grounds of procedural impropriety by the Council as no PCN was issued.

    The incorrect VED disk details and colour are not in themselves directly relevant as they are not a specific requirements of a PCN, However, the reason that CEOs are asked to record them is to provide a sort of 'proof' that they have served the PCN on the vehicle, most Councils also ask for CEOs to take photographs of the PCM on the windscreen. So the very fact that they are wrong tends to indicate that your assertion of no PCN is correct.

    You may need to take this to the adjudicator, but at this stage, the cost cannot increase further and if you win, it is zero.


  3. #3
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    Default Re: NTO Recieved No PCN - Malicious?

    If what you have said is correct that it does sound like a bit of a [problem] to me. I have been sent in the past a NTO 2 years after being issued a pcnicon that never was!!! As for the tax data being incorrect i am unsure if that will have any bearing on things but im sure someone on here will clarify things for you better than I. If i was in your position though i would certainly defend this. It seems very unfair to me. Best of luck

    If you believe that this post has helped in any way please click on the star to the left

    DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.c o.uk/forum/barclaycard/174860-ddwales-barclaycard.html
    DDWales Vs Natwest-*Won*
    http://www.consumeractiongroup.c o.uk/forum/natwest-successes/210090-ddwales-natwest.html

    -Reclaim the Right-


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE