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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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Pcn / bus lane / not received


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Hi,

 

I'm more used to posting in the debt collection forum, but I've just received a Charge Certificate from Liverpool City Council and need a little advice.

 

Basically, it gives me 14 days to pay £90 or else go to County Court. It states that I have received a bus lane Penalty Charge Notice and failed to repsond to it and therefore they have increased the penalty by 50% to £90. After looking on their website it seems that the first penalty would have been £60, but would have been reduced to £30 if paid within 14 days. It also seems that I have no right of appeal in that I have not responded to the PCN within 28 days! I did not receive the PCN in the first place! Where do I go from here? Do they have to provide proof of postage or delivery? It just smacks of a money making [problem] fo the council otherwise...

 

 

 

thanks

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A bus lane PCN would be sent through the post to the Registered Keeper,

If ignored, a Notice to Owner would be sent to the Registered Keeper, if this

is ignored you are at the Charge Certificate stage. So, what you are saying is

that you didn't receive either??

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Thanks, Dave.

 

I haven't received either of them. Just the one today. That's what's infuriating. Had I received either of the first two I would have responded to them. From dealing with various creditors for the past few years I know that burying your head in the sand is the last thing to do. What's more, I know I was in the bus lane at the time specified so I definately would have responded. After googling this it seems that it's pretty common from LCC, but I still haven't found any advice on whether or not they have to proof they have sent the first letters. Can I send them a SAR? Would that disclose when they say they sent the first letters and provide copies of the letters?

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Sit tight and wait for the order of recovery.

Then fill in the statutory declaration ticking

the box "I did not receive the penalty charge notice"

Because it is a moving traffic offence, your statutory declaration

will have to be witnessed and counter-signed by a solicitor or a

court officer from a county court(for free)

The order of recovery and charge certificate will then be revoked and

the council will probably reissue the PCN.

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Thanks for the advice, Cream. I'll then pay be able to the £30 within fourteen days. In that I was in the bus lane that's not a problem. But £90! it's strange when you google this that the it's always the original PCN that seems to go missing and not the £90 Charge Order! I think this is a [problem] by LCC to charge £90 for violations...:-x

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  • 1 month later...

Hi

I was reading your messages and exactly the same has happened to me with LCC my son was driving in Liverpool got lost I got pcn but 1st one never came they said increased to £90 for not paying what has happened with your case

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  • 6 years later...

I am also on same problem . Suddenly received Charge Certificate to pay £90.00 . Never received any fines prior to this. This must be addressed by the councils to find solution.

I am wiling to challenge this in court

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I am also on same problem . Suddenly received Charge Certificate to pay £90.00 . Never received any fines prior to this. This must be addressed by the councils to find solution.

I am wiling to challenge this in court

 

 

You would need to challenge tho at a judicial review as the interpretations act covers this.

It would cost you 100's of thousands of pounds.

Have you the cash to fund it?

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Thread moved to the correct forum.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Dragonfly, just wondering why you have moved a local authority Penalty Charge Notice for bus lane violation to the Private Parking forum?

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Dragonfly, just wondering why you have moved a local authority Penalty Charge Notice for bus lane violation to the Private Parking forum?

 

I didn't. For some reason that's where it was :| so moved it to local authority P&T.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hb

 

:-)

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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HB

 

I looked in the PPC forum and read the the posts from Sherif, you, Sgt Bush and Dragonfly, hence my query of DF. For some reason he seems to think that he moved it from PPC to Local authority whereas it appeared to be the reverse.. You gave a possible explanation to which I replied with a smile. (After all you are worth it)

 

The thread is still on the PPC forum but if you scroll down it at some stage slips over into Local Authority, so I guess it is a quirk of the forum!!

 

I think I will go back to sleep.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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When those posts were made this morning, the thread was indeed in the PPC forum area. I don't know why, but I think HB has covered that.

 

I moved it to the local authority forum area (leaving a 1 day redirect in the PPC area (so that the first poster from today could find it)), and then posted that I'd moved the thread to this, the correct area.

 

I had to double check it at the time too, as I'm reduced to using my phone at the moment, and small buttons with big fingers don't always go well together. :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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DF

Throw in arthritis and I know the problem!

 

Thanks for post, was beginning to think that dementia was catching up with me. :oops:

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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