PCN: Recieved in July - Wrong info in ticket

[lamma]

I can see a defense re the rear of the PCN but lets wait for the TRO. as the 'cheap option' is long expired lets also wait for the NTO (they may not have fixed them)

[jess-star]

Hi & thanks

 

Just thought I'd put up 2 of the letter I have written regarding this.

 

I'm going to draft another letter, requesting the TRO again, but use freedom of information wording in the hope that this is now forthcoming.

 

But just thought mayb someone might like to review?

 

Thanks so much for getting the PCN to show.

Jess

pcn watford road for website.doc

pcn watford road2_forwebsite.doc

Edited January 3, 2010 by jess-star
add attachments

[crem]

I'm going to draft another letter, requesting the TRO again, but use freedom of information wording in the hope that this is now forthcoming.

 

 

A FOI request is not required for a publicly available document, and may in fact, cause more of a delay to getting to see it than helping. Call in person at the council offices and request to view it. If it is not held there then they should be able to tell you where it is held.

[TheBogsDollocks]

In any further appeal include the following paragraphs.

“The PCN fails to comply with regulation 3(2)(b) contained within Statutory Instrument 2007/3482 and it is therefore my belief that the PCN is not lawful.

Although the PCN does say that representations will be considered, it fails to make the recipient aware of the period of time they are lawfully entitled to in which to make such representations. The lawful period is given by regulation 3(2)(b) and it is given as any time before the NtO is served and as such a PCN must convey this fact to the recipient.

Such failure could prejudice the recipient in that they may only believe they have 28 or 14 days to submit an informal representation when the truth is that they have as long as it takes for the authority to serve the NtO.

Considering this fact I expect you to cancel this penalty charge forthwith. If you do not cancel then I will require you to explain fully why you think the PCN does comply with regulation 3(2)(b).”

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&Year=2007&number=3482&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=3440544&ActiveTextDocId=3440560&filesize=8355

[letsgetitsorted]

hi there, your best route to sort this out is via the the traffic penalty tribuneral, now on the basis of colour alone i think it is possible they would uphold the PCN, however looking at the lines in the picture they and the situation that put you on the lines in the first place, they may well look at this sympathetically.

their address is Traffic Penalty Tribunal however this should be sent to you when the sent the NtO.

hope that helps

[lamma]

do NOT use the FOI to get a TRO, in fact specifically deny them use of the FOI. It does not apply to public documents.

[Alitizi]

My London Borough PCN does not have the car color on it anywhere, maybe the color on a ticket is optional but not the law

My ticket scan is here

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/240485-pcn-lawfull-opinions.html

.

[letsgetitsorted]

hi there, sorry to say that the only point i can see wrong with the pcn is the LOCATION where it says A London Street, however where this a london issued PCN i cant offer any further help on this one.

[jess-star]

Hi There,

 

I've sent another letter by recorded delivery asking again about the traffic regulation order as it seems a little odd, that everywhere in the near vicinity the line were brand spanking new, it seems odd that these hadnt been done & still haven't. Again it makes me wonder?

 

Anyway I've sent them photos of the lines with this and hope for a better response.

 

I've left out Thedogsbollocks info for the time being as thought best to try this course before another.

 

Still no NtO as yet, nor comminication other than the call I made over worry.

 

 

Seems odd that I have to keep in commincation otherwise the process escalates, but it is ok for them not to communicate for 6mths? Isn't the legal system supposed to provide somsort of balance in this resepct?

 

I dont seem to be getting notifications properly so will check back instead soon.

 

RE The location being a london street, I cant see that on there?

 

Thanks again

Jess

[letsgetitsorted]

in some cases in can take months to get a response from the issuing authority, if they have received your last letter, then this should be put on their system until they can respond to it. the reason for no NtO could be is they may have put your case on hold until they have investigated it properly or even till they can get round to deal with it.

 

remember that once you receive the NtO you can appeal to the Traffic Penalty Tribunal

[Bernie_the_Bolt]

remember that once you receive the NtO you can appeal to the Traffic Penalty Tribunal

 

Don't you have to appeal to the LA and get a Notice of Rejection first?

[Jamberson]

Yes.

 

Informal appeal

- appeal rejected but not paid

 

 

NTO issued

- representation made

- representation rejected

 

Owner can then apply for adjudication hearing

[jess-star]

I called as was concerned about the NtO, the operator didnt know anything about it, so I asked her to see what she could find out. She came back sounded very unsure "technical problem"....

 

St Albans council were one of the major issuers of incorrectly worded PCN's that was highlighted nationwide recently. so I'm wondering if their NtO may have the same "technical issue"

[lamma]

That adjudication is out on the net. Neil Herron: Christmas comes early in St. Alban's ... as you can see the NTO was flawed, maybe they still haven't fixed them. FOI them about suspending NTOs.

[kiptower]

blimey some great info there Lamma

 

thanks

[jess-star]

That adjudication is out on the net. Neil Herron: Christmas comes early in St. Alban's ... as you can see the NTO was flawed, maybe they still haven't fixed them. FOI them about suspending NTOs.

 

Lamma thanks, u always seem to be on the ball!

 

I sent the letter, and this morning received a reply - it's been cancelled however the letter doesnt make much sense.

 

I also asked about reg 3(2)(b) why they thought the PCN did comply, but answered differently. transcript below (due to problems I had with attachments).

 

Why do they not answer the points made? I was always trained to answer letters point by point. There is always mention of an investigation, neveer what it entaile or why the conclusion has been reached? How are they allowed to get away with this?

 

Oh an funnily enough, I've just opened y'days mail and there's the NtO???

 

----------------------------------------------------

Thank you for your enquiry received on the 13th January 2010 regarding the above penalty charge. The Notice was servered as the vehicle was parked in a restricted street during presecribed hours.

 

I note your comments and should advise that after investigation of your case, whilst I am satisfied that the Notice was served correctly, the Notice to Owner was sent to you just outside the time limit permitted.

 

On the basis of this information, I have decided to cancel the above PCN and would confirm this case is now closed.

 

For your information, regulation 3(2)(b) does not make any reference to any timescales as referred to in your enquiry.

 

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[lamma]

google is pretty handy !