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#Post#: 21271--------------------------------------------------
Hownslow PCN - no motor vehicles- 2 minutes
DIR By: The Rookie
Date: May 2, 2024, 3:17 am
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So the eldest has a PCN from Hownslow, went through a no motor
vehicle restriction 2 minutes after it started (08:02, from
08:00) car has a manually set clock and he is sure it read 07:58
as he approached.
Will they offer discretion for 2m, any de minimis argument?
He’s a vet nurse and rushing urgent meds at the time otherwise
he wouldn’t normally take the risk.
HTML https://ibb.co/Sdw8BL4
HTML https://ibb.co/z86q8BN
#Post#: 21276--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: guest17
Date: May 2, 2024, 3:46 am
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@Rookie
2 minutes might be touch and go. I've attached the precedent
case.
Mike
[attachment deleted by admin]
#Post#: 21285--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: fraser.mitchell
Date: May 2, 2024, 5:12 am
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2 minutes is obviously a de minimis argument, and this has
succeeded in the past, but by its nature, is subjective. However
no harm in trying, and there are successful appeals on this.
#Post#: 21292--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: H C Andersen
Date: May 2, 2024, 6:32 am
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Date of contravention: 16 March;
Date PCN issued: 18 April, deemed served Mon. 22 Apr.
Elapsed period contravention-service = 37 days.
6Limitation on service of penalty charge notice
(1)Subject to the provisions of this section, no penalty charge
notice may be served under this Act after the expiry of the
period of 28 days beginning with the date on which the alleged
contravention or failure to comply occurred.
IMO, on the face of it the PCN is void by virtue of being served
outside the permitted period.
OP, is there more to this e.g. vehicle is hired/leased etc?
#Post#: 21298--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: The Rookie
Date: May 2, 2024, 7:31 am
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No he’s the RK, as it’s at our address (he was moving about a
bit with his job) and we have the V5c here and have had 2 tax
reminders and 2 previous PCN (both successfully contested)all
served in time.
#Post#: 21302--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: fraser.mitchell
Date: May 2, 2024, 7:59 am
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Served Out-of-Time means they cannot enforce it. So submit reps
on this basis.
#Post#: 21317--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: The Rookie
Date: May 2, 2024, 10:14 am
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OK,thanks will do, I’ll probably add the de minimis as well just
so they can use that as an excuse to cancel (councils not liking
to admit mistakes).
#Post#: 21349--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: The Rookie
Date: May 2, 2024, 2:33 pm
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Well the plot thickens, we can’t appeal this online as it claims
an enforcement notice has been issued despite being well within
the 28days from the date of receipt of the PCN, so will be
appealing by post and adding that as an extra appeal point.
#Post#: 21469--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: ivanleo
Date: May 3, 2024, 2:37 pm
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--- Quote from: The Rookie link ---
>
> Well the plot thickens, we can’t appeal this online as it
claims an enforcement notice has been issued despite being well
within the 28days from the date of receipt of the PCN, so will
be appealing by post and adding that as an extra appeal point.
>
--- End Quote ---
[member=82]The Rookie[/member] not sure how you reached that
conclusion?
HTML https://www.youtube.com/watch?v=yWNjB8pWWqA
I would recommend you make the representation again via the
website, and save a screenshot of the confirmation page.
#Post#: 21616--------------------------------------------------
Re: Hownslow PCN - no motor vehicles- 2 minutes
DIR By: The Rookie
Date: May 5, 2024, 10:34 am
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That button wouldn’t work for me, not sure why, postal appeal
submitted.
Box also states charge certificate issued.
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