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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 56836--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: mrmustard
Date: February 6, 2025, 3:57 am
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I would go on the offensive (politely) and send a letter of
complaint setting out the plain fact that they have broken the
law and should know better.
#Post#: 56898--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: jays86
Date: February 6, 2025, 8:18 am
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Here's a draft of what I'm going to send. Any comments/changes
before I do?
I am writing with regard to Penalty Charge Notice HG6144554A
issued to my vehicle EJ67FLV.
The PCN is invalid and not legally enforceable based on Section
6 - Limitation on service of penalty charge notice, which
clearly states:
“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.”
The alleged contravention occurred on 24th September, and the
PCN is deemed to be served on 22nd October (deemed service is
the 2nd working day following the date of the letter). This
exceeds the 28-day limitation period specified in the Act,
rendering the PCN unlawful.
Your continued pursuit of this invalid PCN is not only unjust
but also unlawful. Given this I respectfully request that the
PCN be immediately cancelled and that you confirm this in
writing at your earliest convenience.
#Post#: 56901--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: mrmustard
Date: February 6, 2025, 8:21 am
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OK
#Post#: 56963--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: Hippocrates
Date: February 6, 2025, 10:47 am
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Send it to Ray Morgon and the parking department too. He will be
aware that they have problems.
#Post#: 57479--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: jays86
Date: February 10, 2025, 10:13 am
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Just had the following response from Havering:
Thank you for your enquiry.
I can confirm the contravention date is 24/09/2024 and the
Penalty Charge Notice was issued Friday 18/10/2024 1st class
mail therefore service is deemed Monday 21/10/2024 which is 27
days service.
Please be advised the options available to you at this time are
to make payment of the full outstanding balance of £130 to
prevent incurring further charges or wait for the Order For
Recovery to file Statutory Declaration should you have the
grounds (please see grounds below) to do so and return the form
to Traffic Enforcement Centre the address can be found on the
form.
I did not receive the:
Notice to Owner (Parking contravention) or
Enforcement Notice (Bus lane contravention) or
Penalty Charge Notice (Moving Traffic contravention or
Congestion Charging contravention)
I made representations about the penalty charge to the local
authority concerned within 28 days of the service of the Notice
to Owner/Enforcement Notice/Penalty Charge Notice, but did not
receive a rejection notice.
I appealed to the Parking/Traffic Adjudicator against the local
authority’s decision to reject my representation, within 28 days
of service of the rejection notice, but have had no response to
my appeal.
Kind regards
Any suggestions on next steps...?
#Post#: 57489--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: fraser.mitchell
Date: February 10, 2025, 11:48 am
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28 days from date of contravention. But is this date, Day 1 or
Day 0 ?
#Post#: 57490--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: mrmustard
Date: February 10, 2025, 11:53 am
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I would write back asking how they come to their interpretation
of deemed service as the Civil Procedure Rules, for example,
have it as the second working day.
Deemed service
6.14 A claim form served within the United Kingdom in accordance
with this Part is deemed to be served on the second business day
after completion of the relevant step under rule 7.5(1).
#Post#: 57513--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: Hippocrates
Date: February 10, 2025, 2:26 pm
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[member=7]mrmustard[/member] We can talk about this on Wednesday
if you like; but, here is my suggestion:
The deemed date of service is the 22nd as already advised. I
have two bus lane cases with them already and have complained to
the powers that be. Their system and/or staff need root to
branch review.
Without wishing to tread upon any one else's toes, I suggest
that either mrmustard or I represent you now and get this
sorted. At this stage. They certainly know my name, at least.
Even their chief lawyer wrote to me two years ago with drivel re
bus lane certificates.
This is total incompetence. They are top of my list at present.
Cannot divulge anymore save for a pending review hearing next
week re their PCNs and websites.
I am prepared for the JR stage if necessary.........
#Post#: 57514--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: mrmustard
Date: February 10, 2025, 2:42 pm
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All yours hippo
#Post#: 57515--------------------------------------------------
Re: Havering - Stopping in a Box Junction - 31J Station
Road/Branfill Road, RM14
DIR By: Hippocrates
Date: February 10, 2025, 2:44 pm
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--- Quote from: mrmustard link ---
>
> All yours hippo
>
--- End Quote ---
Cheers! I will PM the OP. My round. 8)
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