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#Post#: 18580--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Vike
Date: March 30, 2024, 11:56 am
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Hi again,
[/quote]
--- Quote from: Hippocrates link ---
>
> There is no statutory time. What did you write?
>
--- End Quote ---
On 4th March:
I wrote: Dear Haringey Council
Ref: PCN ZN11391338 VRM Redacted
I make the following representations against the said PCN.
1. I bring a collateral challenge on the ground that it does not
comply with the mandatory requirement of section 4(a)(v) of, and
paragraph 5(2)(a) of Schedule 1 to the London Local Authorities
and Transport for London Act 2003.
2. I bring a further collateral challenge since the taken
without consent ground clearly limits/fetters to theft by its
very wording that a crime report be provided. Therefore, this
inaccurate reflection of the statutory ground does not take into
account that a relative, or friend, may have taken the vehicle
without the owner’s permission so that the owner would not
necessarily, if at all, report the matter to the Police in such
circumstances or, indeed, make an insurance claim.
In light of the above the penalty charge notice is invalid and
must be cancelled.
Yours faithfully
Name (Registered keeper)
[/i]
I was getting all excited that I have yet to receive a response
and that they would be out of time, but you say that there is no
statutory time to receive the response to a formal appeal.
I'm confused, as I definitely remember the adjudicator counting
the days on a calendar at my previous appeal and agreeing that
as an additional reason to find in my favour. Mind you now that
I think of it that was an appeal to a PCN affixed to my
windscreen, does that make a difference, as that is classes as
an informal appeal?
#Post#: 18583--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Hippocrates
Date: March 30, 2024, 12:09 pm
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I'm confused, as I definitely remember the adjudicator counting
the days on a calendar at my previous appeal and agreeing that
as an additional reason to find in my favour. Mind you now that
I think of it that was an appeal to a PCN affixed to my
windscreen, does that make a difference, as that is classes as
an informal appeal?
Different legislation. I have 4 cases live re this wording
issue at present and they have DNCed one due to this* Just post
up their NOR and we take it from there. OK?
*
1. The Penalty Charge Notice wrongly states the council can
serve a Charge Certificate 28 days from the date of the said
notice. I attach the two PCNs for your convenience.
2. The council are fully aware of this as they have now fixed
the issue.
3. I attach Case No. 2230567864 in which I represented Mr
Parnavides. In that case, the legal argument was raised and
the council did not adduce any evidence at all.
#Post#: 18728--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: ivanleo
Date: March 31, 2024, 7:15 pm
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[member=1318]Vike[/member] where the charge certificate period
is mis-stated on the PCN, I don't think we've ever lost where
the point has been properly argued.
As above please post up the notice of rejection when you get it.
In the meantime here are:
The Haringey (Moving Traffic Restrictions) (No.14) Experimental
Order 2023
HTML https://drive.google.com/file/d/16d4iqs1E3DLHRFdpjMIml5s8S--VfWVC/view
Map tiles
HTML https://drive.google.com/file/d/1ahNqXvqShs9i0xR-pSyBfn272ZHVoNzq/view.
#Post#: 18758--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Hippocrates
Date: April 1, 2024, 5:05 am
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One outstanding case is tomorrow. So far, no evidence adduced
by them.
HTML http://forums.pepipoo.com/index.php?showtopic=152725&pid=1812189&mode=threaded&start=#entry1812189
#Post#: 18927--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Hippocrates
Date: April 3, 2024, 10:16 am
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Won by default.
#Post#: 18998--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Hippocrates
Date: April 4, 2024, 5:15 am
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--- Quote from: Hippocrates link ---
>
> Won by default.
>
--- End Quote ---
This case, I mean:
HTML http://forums.pepipoo.com/index.php?showtopic=152725&pid=1812443&mode=threaded&start=#entry1812443
However, they are still trying it on!
#Post#: 19209--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Hippocrates
Date: April 7, 2024, 7:42 am
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The other two hearings pending are on 15th and 29th April. I
have already looked into the crystal
ball.
HTML https://emoji.tapatalk-cdn.com/emoji12.png
#Post#: 19251--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Vike
Date: April 7, 2024, 4:59 pm
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Hello everyone. I finally received the NOR yesterday, it having
been dated 2nd April and received (served) 6th. April. So much
for deemed to be served two days after posting.
I will copy and post the entire NOR tomorrow. Do I need to
redact anything or is there anything else to be mindful of?
Many Thanks.
Vike
#Post#: 19257--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: John U.K.
Date: April 8, 2024, 1:37 am
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--- Quote ---
> Do I need to redact anything
--- End Quote ---
Your name and address.
#Post#: 19267--------------------------------------------------
Re: Haringey 52(M) PCN
DIR By: Hippocrates
Date: April 8, 2024, 4:18 am
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I eagerly await their NOR. I suspect they are really trying this
on under the circumstances - they have cancelled at least 3 now
but at the Tribunal stage. This really disgusts me.
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