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#Post#: 3771--------------------------------------------------
52M Wandsworth Hillbrook Road Jct. Brudenell Road charge cert
DIR By: Ken Masters
Date: August 23, 2023, 1:01 pm
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Porting over from this thread:
HTML http://forums.pepipoo.com/index.php?showtopic=148778
PCN is WA87399625 (not received)
Wandsworth Council
VRN LM53HJC
See below charge certificate for a 12.12.2022 contravention
allegation.
HTML https://ibb.co/dKpx89x
date of charge cert 22.02.23
Was advised to wait for order for recovery and that the amount
of the PCN should have been £130
I have now received the OfR order for recovery.
Will fill in the enclosed stautory declaration ticking the box
stating that I did not receive the original PCN and get it
witnessed by a commissioner for oaths. Then send the form to the
Traffic Enforcement Centre.
Anything else I should do at this stage?
Thanks in advance.
#Post#: 3937--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: ivanleo
Date: August 27, 2023, 10:07 am
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Send the completed form to tec@justice.gov.uk and then check the
amount due on the council website once a week. Once it drops
down to £65 it means the council has re-issued the PCN, to speed
things up I'd then call the council and ask them to email you a
copy.
#Post#: 4874--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: Ken Masters
Date: September 11, 2023, 9:22 am
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Thank you for your guidance as ever cp8759!
Following stat dec transmission - Wandsworth have reissued the
PCN:
HTML https://ibb.co/4ZbTSz8
Earlier advice suggests the amount at £110 is incorrect and
should be £130 - are there any grounds for appeal in this
matter?
#Post#: 4880--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: Pastmybest
Date: September 11, 2023, 10:03 am
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Yes without looking to much first the wrong amount then you have
the time delay between the CC and OfR that is likely to win on
its own
#Post#: 4939--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: ivanleo
Date: September 11, 2023, 5:48 pm
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Have you got the revoking order from TEC?
I heard TEC had quite a backlog and I wonder if the council
jumped the gun and reissued the PCN before TEC issue the
revoking order (which would be completely unlawful).
Also the grounds of appeal on the council website don't match
the statutory grounds:
HTML https://i.imgur.com/H8iXoTV.png
The TMO is The Wandsworth (School Streets) (No. 1) Order 2022
HTML https://drive.google.com/uc?id=189AzXFXEc0UNH5iU-Zag8m1yG5Xgmaxu.
#Post#: 5018--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: Ken Masters
Date: September 12, 2023, 12:13 pm
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Thank you both.
Link below to the order stating the order for recovery be
revoked:
HTML https://ibb.co/hFfj8Vf
Looks like the order is dated 30.8 whilst the PCN is 06.09.
I can pen a basic appeal then along the lines of:
- amount is wrong
- grounds for appeal on council website don't match statutory
grounds
- time between charge cert and order for recovery was over 8
months.
Anything else I should add at this stage?
#Post#: 5092--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: ivanleo
Date: September 13, 2023, 6:10 pm
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I think you've got all the key points, type up a draft and post
it on here for review.
#Post#: 5220--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: Ken Masters
Date: September 15, 2023, 11:44 am
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Kindly advise on amendments needed:
Dear Sir/Madam,
Ref: PCN WA87399625
I would like to appeal the above PCN on the following grounds.
1. The PCN states a penalty charge of £110 for contravention
code 52M Failing to comply with a prohibition on certain types
of vehicles (motor vehicles).
Wandsworth Council's website lists 52M under "moving traffic
contraventions all charged at the band A higher rate."
Source:
HTML https://www.wandsworth.gov.uk/parking/pcns-and-parking-fines/pcn-contravention-codes/#:~:text=If%20you%20receive%20a%20Penalty,%C2%A360%20(Band%20B).
Band A higher rate is stated as £130. The above PCN meanwhile
states the penalty charge for a 52M contravention as £110
meaning it is invalid.
2. The grounds of appeal on Wandsworth Council website do not
match statutory grounds.
There are eight statutory grounds of appeal (plus one more for
PCNs served by post which isn't stated below) for appealing
PCNs:
The contravention did not occur
The penalty charge exceeded the relevant amount
The Traffic Regulation Order was invalid
The motorist was not the owner/keeper of the vehicle at the time
of the contravention
The vehicle had been taken without the owner's consent
The owner is a hire company and have supplied the name of the
hirer
There has been a procedural impropriety on behalf of the
authority
Penalty charge notice was paid either in full or at a discounted
rate within the discount period.
Wandsworth Council's website meanwhile only gives the following
grounds:
The contravention did not occur
The vehicle was on hire
The vehicle was sold
Other
3.The time delay between charge certificate and order for
recovery.
The charge certificate is dated 22nd February 2023 whilst the
Order for Recovery is dated 31st August 2023. This equates to a
period of 6 months and 9 days between postal dates of both
documents.
The time delay falls well outside of code of practice timeframes
and constitutes further procedural impropriety on behalf of the
Council.
Yours sincerely,
Name
Registered keeper.
#Post#: 5321--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: ivanleo
Date: September 17, 2023, 1:14 pm
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Here's a revised draft:
[indent]
Dear London Borough of Wandsworth,
Ref: PCN WA87399625
I would like to make representations against the above PCN on
the following grounds.
1. The PCN states a penalty charge of £110 for contravention
code 52M Failing to comply with a prohibition on certain types
of vehicles (motor vehicles).
Wandsworth Council's website lists 52M under "moving traffic
contraventions all charged at the band A higher rate."
Source:
HTML https://www.wandsworth.gov.uk/parking/pcns-and-parking-fines/pcn-contravention-codes/
Band A higher rate is stated as £130. The above PCN meanwhile
states the penalty charge for a 52M contravention as £110
meaning it is invalid.
2. The grounds of appeal on Wandsworth Council website do not
match statutory grounds.
There are five statutory grounds of appeal, which can be
summarised as:
[indent]
1) the recipient was not the owner at the material time,
2) the contravention did not occur,
3) the vehicle was taken without the owner's consent, and
4) the recipient is a hire firm and the vehicle was on hire, and
5) the penalty charge exceeded the amount applicable in the
circumstances of the case.
[/indent]
Wandsworth Council's website meanwhile only gives the following
grounds:
[indent]
1) The contravention did not occur
2) The vehicle was on hire
3) The vehicle was sold
4) Other
[/indent]
As "other" is not a statutory ground (and merely reflects the
authority's power to cancel a PCN for non-statutory reasons),
only 3 of the 5 statutory grounds of appeal are listed.
The website is therefore misleading as to what grounds are
applicable.
3.The time delay between charge certificate and order for
recovery.
The charge certificate is dated 22nd February 2023 whilst the
Order for Recovery is dated 31st August 2023. This equates to a
period of 6 months and 9 days between postal dates of both
documents.
This is an inordinate delay within the meaning of Paul Richard
Davis v The Royal Borough of Kensington and Chelsea (1970198981,
30 March 1998), at least absent some good reason to justify the
delay.
It follows that the PCN must be cancelled,
Yours faithfully,
[/indent]
Send the representation via the council website, and make sure
to keep a screenshot of the confirmation screen. It's best to
put it all in a PDF file and upload it to the website as an
attachment, in order to get round any character limits and also
to preserve all indentation and italics formatting.
#Post#: 5381--------------------------------------------------
Re: 52M Wandsworth Hillbrook Road Jct. Brudenell Road charge
cert
DIR By: Ken Masters
Date: September 18, 2023, 8:29 am
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Thank you Sir!
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