DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 22788--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: May 17, 2024, 4:24 am
---------------------------------------------------------
Thanks.
The driver did not leave the car at any time. The warden was
waiting pretending that he was a common man looking here and
there, and then suddenly started taking the pictures (you can
tell from the pictures he has taken that they are very blurred).
When the driver got out of the car to speak to him he avoided
the conversation and said to write it to the council then they
would decide. My other question is, if a similar situation
arrives again in the future what could a common man do to stop
such behaviour (will calling the police help in this situation?)
where they are forcing and abusing the power which is given by
the council.
#Post#: 23278--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: ivanleo
Date: May 20, 2024, 4:50 pm
---------------------------------------------------------
--- Quote from: Sonu rocks link ---
>
> My other question is, if a similar situation arrives again in
the future what could a common man do to stop such behaviour
(will calling the police help in this situation?) where they are
forcing and abusing the power which is given by the council.
>
--- End Quote ---
Basically nothing, the most you could do is ask the officer to
make some notes explaining the circumstances. If you discretely
film the internation on your phone (i.e. without making it
obvious so the CEO isn't aware) and the CEO says he'll make
notes and then he doesn't, later down the line you can undermine
his credibility and you can also make a complaint would the
council would really struggle to dismiss.
#Post#: 36194--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: September 9, 2024, 6:02 am
---------------------------------------------------------
Hello,
Finally, the Hounslow Council sent the NTO while the driver was
away for 6 weeks. Please see below
HTML https://ibb.co/wQhPFL4
HTML https://ibb.co/WWHgGWf
The Council took 140 days from the day of PCN to send the NTO.
Is this valid?
Thank you in advance!
#Post#: 36196--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: stamfordman
Date: September 9, 2024, 6:14 am
---------------------------------------------------------
What is the PCN number and car reg - you've blanked them.
As it stands you are out of time to make reps as the NTO is
dated 26 July and a charge certificate is probably on its way.
#Post#: 36205--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: September 9, 2024, 7:25 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> What is the PCN number and car reg - you've blanked them.
>
> As it stands you are out of time to make reps as the NTO is
dated 26 July and a charge certificate is probably on its way.
>
--- End Quote ---
Thought the PCN and Car reg are confidential info.
Thinking of emailing the council the passport stamp as proof of
absence in the country.
Also, what happens when a charge certificate has been issued?
#Post#: 36207--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: stamfordman
Date: September 9, 2024, 7:42 am
---------------------------------------------------------
I worked it out. There is no need to blank anything but name and
address.
A CC is on its way - as it stands you have a reset available to
you if you wait for the order for recovery and make a witness
statement that you didn't get the NTO but this is in a grey area
of legality as it was sent to you and you didn't service your
post.
An alternative is to send a grovel to the council now saying you
were away and will they accept reps.
HTML https://i.imgur.com/kbLXUkc.png
#Post#: 36236--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: H C Andersen
Date: September 9, 2024, 12:54 pm
---------------------------------------------------------
OP, IMO you have a dilemma.
IMO, there's nothing 'grey' about the law, you were served with
the NTO but did not make reps within the permitted period. This
denies to you the only grounds on which you could lawfully
submit a Witness Statement because the grounds are not
conditional or contingent upon your circumstances, IMO they're
strict.
But if you did submit a WS there's no mechanism by which this
could be challenged by the council and TEC would cancel because
they are required to.
So it's down to you.
The alternative would be to submit reps now and ask them to not
disregard. But because the ball's in their court, IMO you could
hardly show your strongest hand at this stage- the inordinate
and inexcusable delay in issuing the NTO(which caused it to be
delivered to you right at the start of the summer holidays)-
because if they thought it had merit they might disregard
(morality not being their strongest suit). You'd have to find
other grounds or risk them disregarding.
When did you return from holiday, why away for such an extended
period, what evidence do you have etc. etc?
Wait for others.
So, what to do?
#Post#: 36298--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: September 10, 2024, 4:41 am
---------------------------------------------------------
Thank you all!
The representation has been submitted with the passport stamps
as proof of absence in the country. Let's hope for the best.
#Post#: 49621--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: December 13, 2024, 6:17 am
---------------------------------------------------------
Hello again,
Received a letter from the council (please see the below link).
HTML https://ibb.co/cD6P0Xp
HTML https://ibb.co/zxMMW83
They have ignored the NTO's appeal which was sent on 11th Sept
as per below:
Dear Sirs,
Please accept my apologies for the late reply as I have not been
in
the country since 17th July and only received the NTO yesterday
upon
my return. Please see the Passport stamp.
I appeal the PCN for the following reasons:
1) The driver had parked as the child was feeling ill and wanted
to
throw up. The driver exited the car to see if her child had
thrown up
and to provide some water. In the meantime, the parking
attendant
(very trickily whilst looking elsewhere) took the pictures and
he was
in such a rush to take the pictures that he had not filled the
column
on the PCN where he had to mention the colour of the car. The
pictures
he took are very blurred (even the number plate is not clear)
showing
the intention and cruelty of the parking warden. The warden did
not
want to listen to anything when spoken to. The driver was trying
to
converse with the warden but he was in a rush to take pictures
of the
car and even though he saw the child sitting in the back he did
not
have any courtesy to even listen to the situation. He then
quickly
printed the ticket and placed it on the windscreen. The warden
then
left the site and the total time taken was only a few minutes.
There is an exemption in section 15(3)(b) of the Greater London
Council (General Powers) Act 1974:
the purpose of saving life or extinguishing a fire or meeting
any
other emergency
If a child is ill and vomiting that's enough of an emergency to
cause
most drivers to stop and render assistance.
2) Under Section 87 of the Transport Management Act 2004, the
local
authorities must issue the NTO within 56 days of the PCN being
received. However, It has been 145 days since the PCN was
issued.
Therefore, the NTO is invalid.
3) In addition, The wording of the PCN in terms of the 28 days
period
is wrong since it does not comply with Schedule 2 para. 2 @
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
(d)that the penalty charge must be paid within the period of 28
days
beginning with the date on which the alleged contravention
occurred,
In light of this procedural impropriety please cancel the PCN.
#Post#: 49626--------------------------------------------------
Re: Hounslow Council PCN - Cecil road
DIR By: Sonu rocks
Date: December 13, 2024, 7:26 am
---------------------------------------------------------
Does this need to be posted as a new topic?
*****************************************************
Page 3 of 4
DIR Previous Page
DIR Next Page