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PCN not received in time and appeals window missed.

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Hello,

 

I have a problem regarding PCNs and hope someone would be able to help!

 

Received PCN regarding a driving contravention

( crossed a road the wrong way, but it was a quiet residential side street and i was lost!)

dated 26th April sometime the week of 15th May.

( mail mix ups are common,

it's a relatively new block of flats,

mail from a similar sounding block beside us tends to end up with us at times)

 

Appeal deadline would have been 26th May.

I tried to appeal online,

but the website wasn't working.

I have screenshots from several browsers.

 

I called in and spoke to staff who advised a written appeal although it would be close to the deadline,

I also emailed them the same day with the gist of my conversation & email copy of appeal.

(email appeals are not allowed though) .

(all done before deadline)

Written appeal received by council on 1st of June,

 

in the mean time,

charge certificate dated 26th May sent out informing me that cost now increases from £130 fine to £195.

 

Letter from council dated 8/6/2017 received,

informing me that the appeal window is closed

hence I am no longer able to appeal.

 

Wrote back saying I effectively did not receive the notice in a manner that gave me sufficient time to appeal.

 

Even then,

I had tried the website,

called in to speak to staff and emailed before the deadline on 26th May.

 

My written appeal was received 6 days after the deadline which I thought shouldn't be invalid given I didnt receive the PCN on the 26th of April!

 

I asked them to please reconsider the matter,

allow an appeal,

consider it,

and if rejected I should be allowed to pay the discounted £65 charge .

 

To expedite matters I reattached my original appeal letter and a cheque for £65.

I also asked the council to show me proof of postage that they did indeed send the letter on 26th of April.

 

I also wrote that if they continue to reject my right to appeal,

then to please advise me on the next step/ escalation to county court.

 

The council wrote back thanking me for my payment of £65,

advised that there is a remaining £130 left to be paid ( total £195),

and that appeals are no longer possible/ not considered/window has passed.

 

The council's letter states that if I don't pay the remaining sum,

they'd apply to county court to recover the £130 plus court costs from me.

 

That the letter is signed by a "Business Processing Officer" only makes me more annoyed.

No proof of postage/ no response to the content of my actual letter.

Just a generic "postal delays are beyond our control".

 

Plot twist

- even when I go to the website to pay the fine,

it says the penalty has already been paid and payments are no longer accepted online.

I'm guessing I'd have to write another cheque or pay via the phone.

 

All in I've felt this is very unfair.

I received the PCN late,

I tried the appeals website which didn't work,

I spoke to staff,

I emailed.

 

I've really engaged with the whole malarkey.

Do I really need to pay and additional £130 or has this been unfair by the council ?

 

Thank you in advance.

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Who is the Council?

I assume a PCN10 (photo/CCTV).

Was your address correct with correct postage prepaid?

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hi , not sure why the formatting is all jumbled in the original post. It's hackney council, it's a PCN based on CCTV recording/ ANPR . Correct address in on the letter , can't remember what the postage was.

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Are you saying that for days and days the website was not working or on just the one occasion you visited the site?.

If your mail has problems then you need to talk to Royal mail.

They don't need proof of posting. Not even court summons need proof of posting.

 

If the site was down for days and days and you have proof on all the different days then you have a case. If not.....

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