Challenge PCN with no amount stated?

[guttedconsumer]

This forum rocks big time.

 

Anywayz I hold my hands up to the crime:mad: I was snapped going in the opposite direction of a quiet one way street near my house ( what a sad git operator 106 0f Croydon is:mad:)

 

To cut straight to the chase, I have been sent a PCN by Croydon council and the text reads:

'DO NOT IGNORE THIS NOTICE: The Penalty charge of £-NaN:???: must be paid before the end of the period of 28 days beginning with the date of the notice. If the penalty charge is paid before the end of the period of 14 days beginning with the date of the Notice, a reduced amount of £0.00:eek: is payable. See overleaf for details of how to pay.

OR: If you believe you have valid reasons, you can make representations against the Penalty Charge. The grounds on which you may make representations are set out overleaf.

 

If you do nothing, the charge will increase to £150 and we will serve a Charge Certificate seeking payment of this increased amount. After the issue of the Charge Certificate, you cannot maek representations. Failure to pay the increasedd amount may result ibn the debt being registered in a county court and a warrant being issued to bailiffs to seize your goods.'(sic)

 

Overleaf guidance for representations reads:

 

REASONS FOR REPRESENTATIONS THAT WILL NOT NORMALLY BE ACCEPTED INCLUDE:

"I lent the car to a friend and he will not pay the ticket"

"This is too much money to ask for a traffic offence."

"There was no need for yellow lines anyway"

"I am not the owner/keeper because I hired/leased the vehicle."

 

Question:

Since I cannot afford to do nothing, what are my options?

[guttedconsumer]

Hehe. This gets more interesting. Just had a look at the PCN and found that only the VRM is stated. There is no make or colour on the fine.

 

I culled the following excerpt from the RTA 1991 on a different thread:

 

Just to make things clear here is the actual wording of S66(3) RTA 1991

 

A penalty charge notice must state—

• (a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;

• (b) the amount of the penalty charge which is payable;

• © that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

• (d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

• (e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;

• (f) the address to which payment of the penalty charge must be sent.

[Rob S]

Gutted,

 

It is worth going to the parking section of PePiPoo: Helping the motorist to get justice and posting details there. There are a number of people who are conversant with these offences being seen on CCTV and a notice being sent to the owner. See if you can scan it and post it (with personal details and reg number removed) and I'm sure one of them there will be able to tell you if the notice is fully compliant or not.

[patdavies]

The RTA 1991 is not the relevant Act for moving traffic offences. They come under the London Local Authorities and Transport for London Act 2003.

[guttedconsumer]

Thanks Rob S and Pat Davies for your replies. Pat is there any chance of making a case from your understanding of the London Local Authorities and Transport for London Act 2003?

[nogard23]

Does anyone have the statistics on the number of people killed and injured by those who drive the wrong way on one way streets?

[dw190]

Thanks Rob S and Pat Davies for your replies. Pat is there any chance of making a case from your understanding of the London Local Authorities and Transport for London Act 2003?

 

The PCN is a case in itself. You would be quite in order sending them a cheque for the Nil amount that it requests.

 

Even without looking at the LLA 2003 I'll bet it states that a PCN must show the "Amount Payable". Failure to show the amount make it just a piece of paper or a Nullity.

[patdavies]

London Local Authorities and Transport for London Act 2003 s.4(8 )

 

(8 ) A penalty charge notice under this section must-

• (a) state-

• • (i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

• • (ii) the amount of the penalty charge which is payable;

• • (iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

• • (iv) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

• • (v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

• • (vi) the amount of the increased charge;

• • (vii) the address to which payment of the penalty charge must be sent; and

• • (viii) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and

• (b) specify the form in which any such representations are to be made.

(my emphasis)

[guttedconsumer]

The PCN is a case in itself. You would be quite in order sending them a cheque for the Nil amount that it requests.

 

Even without looking at the LLA 2003 I'll bet it states that a PCN must show the "Amount Payable". Failure to show the amount make it just a piece of paper or a Nullity.

 

Is it not possible for them to reissue the PCN correctly? Would that stand up in court?

[Champnos]

They are asking you to pay zero or it raises to £150. So send them a letter tsaying "Please find enclosed a cheque for "0" in full settlement of your claim (copy enclosed)

 

I truest this matter is now closed

 

Regards,

 

LOL

[patdavies]

Is it not possible for them to reissue the PCN correctly? Would that stand up in court?

 

No.

 

A CCTV PCN effectively enters the system as a NtO. They should not re-issue.

 

I would be tempted to let it go to a charging order, then they definitely cannot re-issue. their threat to go to £150 is baseless as this only applies where you have failed to pay the PCN. As the PCN is showing £0, there is nothing to pay and therefore nothing to penalise you for non-payment.