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#Post#: 13540--------------------------------------------------
Single yellow line penalty charge - Camden PCN
DIR By: privates
Date: January 10, 2024, 4:06 am
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Hi hope everyone is well,
Location : Kilburn High Road
Contravention Code : 02
Contravention :Parked or loading/unloading in a restricted
street where waiting and loading/unloading restrictions are in
force
I've received a warrant from CDER regarding this PCN. I am
currently filling the out of time forms regarding this to have
the PCN back to stage 1.
1) There is no picture in the evidence showing the restriction
times or signs.
2) It was on a single yellow and not observed for any loading or
such as the pictures have a duration of a minute (07:20-07:21).
Will the above be valid enough to win a appeal on the case?
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#Post#: 13545--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: fraser.mitchell
Date: January 10, 2024, 5:42 am
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YOu seem to be assuming your out-of-time declaration will get
you back to the Notice to Owner stage. Please tell us why you
are having to submit an out-of-time declaration. All the
declaration does is get you back to the Notice to Owner stage,
you don't put any of your arguments against the PCN on it, you
have to explain wny you are submitting an OOT declaration. If
this is not accepted, (and they are usually refused), you are
back to the bailiffs.
As regards your proposed appeal argument, the short answer is
no, they won't. Photograpshs for parking contraventions are not
even a legal requirement, and there is no mandatory observation
time. If you were loading then it is up to you to claim the
exemption when responding to the PCN.
The original PCN was for parking where there were parking and
also loading restrictions, so even if you were loading, if it
was in the restricted time, you cannot claim the loading
exemption.
#Post#: 13546--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: privates
Date: January 10, 2024, 5:48 am
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I am submitting the OOT declaration as this is the first notice
I have had regarding this PCN.
Is there any noticeable grounds of winning the appeal?
#Post#: 13547--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: fraser.mitchell
Date: January 10, 2024, 5:58 am
---------------------------------------------------------
Is the V5 for your car up-to-date ? Apart from the original PCN
which I assume was attached to the car when the CEO served it,
you would also seem to have not received the following statutory
documents: -
- Notice to Owner
- Charge Certificated
- Order for Recovery
All of these are sent to the registered keeper on the V5 for the
vehicle
So by not receiving these documents, this indicates to me your
V5 is out-of-date. If it is, then it is almost certain your
Out-of-Time Statutory Declaration will be refused, because it is
your duty to keep the V5 up-to-date.
PLease post up the document from CDER, with name and address
blanked-out.
#Post#: 13582--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: privates
Date: January 11, 2024, 5:28 am
---------------------------------------------------------
V5C is up too date. Postage going missing is a common issue in
my building.
I haven't got any paperwork from CDER but I had received a text
message regarding this.
#Post#: 13586--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: H C Andersen
Date: January 11, 2024, 6:19 am
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I am submitting the OOT declaration as this is the first notice
I have had regarding this PCN, and yet you have sufficient info
in order to establish:
2. There is no picture in the evidence showing the restriction
times or signs.
2) It was on a single yellow and not observed for any loading or
such as the pictures have a duration of a minute (07:20-07:21).
I haven't got any paperwork from CDER but I had received a text
message regarding this.
I've received a warrant from CDER regarding this PCN.
[i][/i]
Doesn't make any sense, sorry. Precision is vital. If you meant
to say that you've been notified that CDER have a warrant and
not that you have received a warrant, then pl clarify.
Also, how could they have texted you, they wouldn't know your
tel. no. because you've not contacted anyone.
If bailiffs could turn up on your doorstep then matters are
serious. The only way to stop them is to pay or submit OOT. You
can pay and still submit an OOT, it wouldn't affect TEC's
decision. In fact, if they're only claiming the £75 Compliance
Fee, I'd pay.
#Post#: 13588--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: fraser.mitchell
Date: January 11, 2024, 6:35 am
---------------------------------------------------------
--- Quote from: privates link ---
>
> V5C is up too date. Postage going missing is a common issue in
my building.
>
> I haven't got any paperwork from CDER but I had received a
text message regarding this.
>
--- End Quote ---
Ok, so V5 is up-to-date, but what address was on it when the
contravention occurred, same as the address on it now ?
--- Quote ---
> "Postage going missing is a common issue in my building."
--- End Quote ---
OK. but you've missed getting three, (i.e. all) of the statutory
documents that are sent by post. So you need to be more
forthcoming if your OOT SD is to succeed.
#Post#: 13596--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: privates
Date: January 11, 2024, 9:19 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> I am submitting the OOT declaration as this is the first
notice I have had regarding this PCN, and yet you have
sufficient info in order to establish:
>
> 2. There is no picture in the evidence showing the restriction
times or signs.
> 2) It was on a single yellow and not observed for any loading
or such as the pictures have a duration of a minute
(07:20-07:21).
>
>
> I haven't got any paperwork from CDER but I had received a
text message regarding this.
>
> I've received a warrant from CDER regarding this PCN.
>
> Doesn't make any sense, sorry. Precision is vital. If you
meant to say that you've been notified that CDER have a warrant
and not that you have received a warrant, then pl clarify.
>
> Also, how could they have texted you, they wouldn't know your
tel. no. because you've not contacted anyone.
>
> If bailiffs could turn up on your doorstep then matters are
serious. The only way to stop them is to pay or submit OOT. You
can pay and still submit an OOT, it wouldn't affect TEC's
decision. In fact, if they're only claiming the £75 Compliance
Fee, I'd pay.
>
--- End Quote ---
I'm not sure how they have my contact number but they had
contacted me via text message stating I have an outstanding
balance. I then called them and asked which PCN this is
regarding and that is how I found out the details after checking
the PCN details on Camden Councils website
#Post#: 13597--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: privates
Date: January 11, 2024, 9:25 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=privates link=topic=1187.msg13582#msg13582
date=1704972497]
> V5C is up too date. Postage going missing is a common issue in
my building.
>
> I haven't got any paperwork from CDER but I had received a
text message regarding this.
>
--- End Quote ---
Ok, so V5 is up-to-date, but what address was on it when the
contravention occurred, same as the address on it now ?
--- Quote ---
> "Postage going missing is a common issue in my building."
--- End Quote ---
OK. but you've missed getting three, (i.e. all) of the statutory
documents that are sent by post. So you need to be more
forthcoming if your OOT SD is to succeed.
[/quote]
The vehicle is now sold but the address on it when the
contravention occurred was missing my flat number (all other
details were correct) which I had corrected on a later date then
this.
Regarding the missing post this has been an on-going issue. I
have requested a DVD from TFL in December and they have since
sent out three DVDs as the first two have not arrived so this is
still an on-going issue. (for a different PCN)
#Post#: 13613--------------------------------------------------
Re: Single yellow line penalty charge - Camden PCN
DIR By: fraser.mitchell
Date: January 11, 2024, 3:27 pm
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At the stage in the process where you are currently, it doesn't
matter if you have absolutely irrefutable evidence that the
contravention did not occur because the stage when you could
appeal, (or pay the PCN), is past. You have to get the process
re-set back to the Notice to Owner stage, and the only way to do
this is to submit an Out-of-Time Statutory Declaration and to
get this accepted. With no flat number on the V5 it would seem
that your mail went astray. However, did you receive the VED
renewal reminders from DVLA ?
By having that address flaw in your V5 means that you will
struggle to get it accepted, as this error is not down to the
council who issued the PCN, but yourself in not checking the
address and getting it corrected. So I'm inclined to agree with
HCA, namely pay the bailiff bill before it gets any larger.
Paying is not an admittance of guilt, and you can still submit
an OOT. If it is accepted you'd get your money back/
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