urgent replies: rules changed - failed PCN appeal

[Jamberson]

There is a distinction to be made between the amount payable, which is stated on the PCN, and the amount which the appelant (or anyone else) considers ought to be payable.

 

With no challenge to the PCN, then the charges stated on it are payable and enforcerable. This is the situation for people who refuse to appeal their PCNs, regardless of the circumstances of their issue - they go through the standard progression.

 

Even for an invalid PCN, the amount payable is the normal charge until action is taken to have the charge cancelled. Since any appeal lodged will be submitted prior to the cancellation, then it is not correct to say the charge exceeds the amount payable. The charge IS the amount payable, though perhaps ought not to be.

[lamma]

for an invalid PCN the amount payable is zero.

[Jamberson]

A PCN is not invalid until it has deemed so by the LA or the adjudicator. Before that happens, it is not invalid and so is payable as any other PCN is.

 

It usually has to be challenged first, then looked into, then voided.

[lamma]

and its not payable either - not until the end of the process. without a Charge Cert its still just a Notice. the Penalty Charge does not crystallise until the end. Paying a Penalty Charge Notice is just a way of avoided the charge just as paying an FPN is a way to dispense with the later stages of enforcement of FPNs.

[foxie_68]

Hi folks. Had a bit of a result today. I think I mentioned that I'd emailed one of the powers that be about my ticket. Well I got an email back today from them to say they were cancelling my PCN because as the road markings had not be changed it was unstandable that I had not realised they had changed the rules. Therefore he is contacting the finance people to refund me my money. HOORAY.

 

Thanks again for all your advice. Foxie.