Islington PCN: grounds for appeal

[diveboy]

Hi

 

A friend of mine received a PCN from Islington last year.

He sent an appeal letter by recorded delivery 10 days after receiving it. The post office say it was signed for 5 days later (1 day outside the 14 days), and Islington are claiming they signed for it 10 days later. As a result they issued an NTO and the PCN increased to the full amount.

Is the discount period based on whether the letter was received within 14 days or sent within the period? Is it reasonable for someone to expect that a first class recorded delivery letter would be received within 4 days and therefore the appeal allowed if the letter is received later?

 

I am also of the opinion that the contravention did not occur, as it was a yellow line and there were no signs showing the hours. He parked there on a Saturday afternoon. Islington have since put signs by the yellow lines, which suggests they knew they were unclear. Would this be reasonable grounds to make a Stat Dec (they have now issued a Charge Certificate) and take it to PATAS?

Is it possible to make this appeal even though he appealed to PATAS for this PCN on different grounds previously?

 

many thanks

 

Mark

[Guest Ting]

Did he make representations in response to the NtO?

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[diveboy]

Did he make representations in response to the NtO?

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Yes he did, but it was only on the basis that he should have been allowed to pay it at the discount stage, and not on the validity of the PCN.

As I mentioned previously, I think he has a case to challenge the PCN and was wondering if it is possible to mount a new appeal.

 

thanks, in advance, for any help!

[Guest Ting]

You don't give much away do you!!!

 

So then presumably he received a 'Notice of Rejection' yes?

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I need to know because there are limited grounds on which you can make a Stat Dec.

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[diveboy]

You don't give much away do you!!!

 

Sorry that wasn't deliberate.

 

 

So then presumably he received a 'Notice of Rejection' yes?

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Yes he did.

 

I need to know because there are limited grounds on which you can make a Stat Dec.

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thanks