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#Post#: 28056--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 30, 2024, 2:01 pm
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--- Quote from: cp8759 link ---
>
> [member=2106]FaeLLe[/member] well this is a classic example of
over-egging the pudding.
>
> The PCN is invalid because much of the statutory information
is missing. For completeness, please show us the back of the
PCN.
>
> We also know the council doesn't appear to have any evidence
of anything aside from the self-incriminating admissions you've
made in the representations (there was not reason to concede
that the driver was in a ‘pay by phone’ parking bay, but we are
where we are).
>
> The biggest concern at this point is that your representation
mentions the registered keeper is homeless, as the notice to
owner will go to the address on the V5C. Do you have access to
that address?
>
--- End Quote ---
Dear [member=1]cp8759[/member],
Thank you for your reply.
I have not sent the Letter of Representation I linked above to
the Local Authority. To avoid confusion, I have removed that
document.
The only representations sent to them are shown in the
confirmation document they sent me back by email:
HTML https://drive.google.com/file/d/13_6Nnicz3mOGnuVzFgZpEaL1RTs1Sdr_/view?usp=sharing
Page 1 of the document above includes the text I typed into the
online appeal system (on 17 Jun 2024).
Page 2 shows the attachment I included in the appeal system, and
it is a copy of the email I sent the Local Authority on 06 Apr
2024.
The Council sent Response 1 as a follow up to my email dated 06
Apr 2024.
The document linked above confirms my representation made after
receiving Response 1 from the council.
The Council sent Response 2 as a follow up to the appeal
submitted online dated 06 27 Jun 2024.
I will kindly ask the current resident to help me with any mail
that comes my way. Can we do anything to appeal to the Local
Authority to engage in an amicable resolution under the
preaction protocol, given they have a duty of candour?
Rear of the PCN as requested is included below.
HTML https://i.imgur.com/qcyTdiu.jpeg
#Post#: 28074--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: ivanleo
Date: June 30, 2024, 4:12 pm
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--- Quote from: FaeLLe link ---
>
> I will kindly ask the current resident to help me with any
mail that comes my way.
>
--- End Quote ---
You don't want to rely on others unless you have no choice. Do
you have some other address, such as friends or family, where
post could be delivered instead?
--- Quote from: FaeLLe link ---
>
> Can we do anything to appeal to the Local Authority to engage
in an amicable resolution under the preaction protocol, given
they have a duty of candour?
>
--- End Quote ---
This is a PCN, it's not a judicial review. There is no
pre-action protocol and there is certainly no duty of candour.
The statutory process is explained here:
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process
The next step is to wait for the notice to owner and then make
formal representations. Given how critical the notice to owner
is, I reiterate my question: do you have an alternative address
where you are reliably able to obtain immediate notification of
any incoming post?
#Post#: 28103--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: June 30, 2024, 6:37 pm
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> The next step is to wait for the notice to owner and then make
formal representations. Given how critical the notice to owner
is, I reiterate my question: do you have an alternative address
where you are reliably able to obtain immediate notification of
any incoming post?
>
--- End Quote ---
I rented out a mailbox service I could share with the Local
Authority.
However, if they get my latest address from the DVLA, the mail
will go to my current address, where I can access it.
Should I notify the Westminster Council of my mailing address?
This could potentially ensure that they send it to the address I
gave them or to the current address on the V5C.
#Post#: 28226--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: ivanleo
Date: July 1, 2024, 4:25 pm
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The notice to owner will go to the address held by DVLA, so as
long as your V5C is up to date you don't need to do anything.
#Post#: 36338--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: September 10, 2024, 8:25 am
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GDPR request (Article 16 request) was raised with Westminster
Council on 13-Aug-2024 asking them to rectify my address on
records for the PCN. Email read receipt was obtained on
09-Sep-2024 from Westminster Council but no response received
from the council yet.
Sent a reminder to the Westminster Council data protection team
requesting an update.
NtO not received at either address (old or new) and I am on hold
current with TEC to check if any debt has been registered at TEC
(and if so when).
#Post#: 36454--------------------------------------------------
Re: Westminster PCN - Parking - Contravention Code 12r (no
observation period when required to do so)
DIR By: FaeLLe
Date: September 11, 2024, 10:12 am
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Debt not registered with TEC yet as of 10-Sep-2024.
Should I chase Westminster Council to see if Charge Certificate
has been issued?
Has the council not missed the deadline to issue a Charge
Certificate?
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