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#Post#: 5312--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: ivanleo
Date: September 17, 2023, 12:50 pm
---------------------------------------------------------
--- Quote from: Norman83 link ---
>
> Hi quick update - I'm filling out the PE3 form, and this is
what I've put in the appeal box.
>
> I'm aware that this form is more for the fact that I didn't
get the PCN in time to make an appeal, but I thought it was
worth adding my appeal info for the original contravention.
>
--- End Quote ---
No! Do not do that!
If you add anything into the reasons box, TEC will simply reject
the form as being improperly completed. Also TEC do not give a
damn about the merits of the PCN, they don't care as it's
nothing to do with them whether the PCN is upheld or not.
The debt is still showing as £195 on the council website, so you
can't send form PE3 to TEC as it will simply get rejected, and
then you'll end up having to do it again.
Please follow the advice given and simply tick the box to say
you didn't get the original PCN.
Unless / until the amount due goes up to £204, you don't need to
do anything. If you want to double-check whether the debt is
registered with TEC, you can ring them to find out, their
contact details are here:
HTML https://www.find-court-tribunal.service.gov.uk/courts/traffic-enforcement-centre-tec<br
/>
You'll need to make an appointment with your local county court
to get the form sworn, do not sign it at home (if you do, you'll
just be told to fill it in again).
#Post#: 6026--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: Norman83
Date: September 25, 2023, 7:03 am
---------------------------------------------------------
Hi all, I'm still waiting for the charge to increase to £204,
and I just went to the Hackney page to check in on the status of
the charge.
Unexpectedly, I found this on the charge page... the charge is
now listed as £65, and it says the payment will go up to £130 on
9th October.
HTML https://imgur.com/a/46Uj1KZ
This is weird! Some glitch in the system?? I refreshed /
re-entered the details again to be sure, and it's still showing
as £65.
Wondering what do do. Is this an opportunity to just go ahead
and pay the charge at £65?
#Post#: 6037--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: NightSoul
Date: September 25, 2023, 9:52 am
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Do not pay anyone offering to do your PE forms.
#Post#: 6124--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: Norman83
Date: September 26, 2023, 12:10 pm
---------------------------------------------------------
OK so this would explain it... I received a letter today to my
current address, with the same PCN as before.
It has given me 14 days since date of letter (22 sept) to pay at
the reduced £65 rate.
So it looks like there is some kind of address-checking system
at play, and having found an updated address, they have reset
the clock and sent it to my current address.
Unexpected but there we go. :D
Does anyone think I have A good chance at disputing the PCN?
For the reasons below... My principles say I should dispute, but
I would appreciate anyone's opinion on likelihood of a 'win'
before I put any more time into it.
Many thanks
------------------------------
(apologies for the caps)
ON THE DATE OF THE CONTRAVENTION, I DROVE FROM MY HOME IN
BRISTOL TO A JOB IN LONDON.
ON ARRIVAL AFTER A 2.5 HOUR JOURNEY I SAW THAT THERE WAS A SOME
KIND OF ‘NO ENTRY TO TRAFFIC’ SIGN TO BOUVERIE ROAD, WHERE MY
JOB WAS LOCATED.
IN ORDER TO AVOID THIS I DROVE DOWN STOKE NEWINGTON CHURCH
STREET TRYING TO FIND A ROUTE TO ENTER BOUVERIE ROAD FROM THE
OTHER END (GRAYLING ROAD). WHILST TRYING TO FIND THIS ROUTE I
UNWITTINGLY DROVE THROUGH THIS OTHER SIGN AND WAS CAUGHT ON THE
CAMERA. THIS REINFORCES MY BELIEF THAT IN LONDON, AS A DRIVER
YOU HAVE A TARGET ON YOUR BACL AND WILL INEVITABLY BE CAUGHT FOR
SOMETHING.
IN SUMMARY, WHILST TRYING TO COMPLY WITH STRICTLY ENFORCED YET
UNCLEAR RULES IN AN UNFAMILIAR NEIGHBOURHOOD, I GOT CAUGHT
ANYWAY.
I FEEL LIKE THIS IS AN UNJUSTIFIED PUNISHMENT, AND FOR THIS
REASON I WOULD LIKE THE CHARGE TO BE CANCELLED.
#Post#: 6180--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: ivanleo
Date: September 26, 2023, 6:03 pm
---------------------------------------------------------
--- Quote from: Norman83 link ---
>
> OK so this would explain it... I received a letter today to my
current address, with the same PCN as before.
>
--- End Quote ---
Show us this document. It is almost certainly an unlawful
document but unfortunately for whatever reason you seem to be
believing everything the council tell you, hook line & sinker.
Also please stop typing in all caps, you can use indent tags or
italics or whatever else.
#Post#: 6260--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: Norman83
Date: September 28, 2023, 2:01 am
---------------------------------------------------------
--- Quote from: cp8759 link ---
>
> [quote author=Norman83 link=topic=506.msg6124#msg6124
date=1695748222]
> OK so this would explain it... I received a letter today to my
current address, with the same PCN as before.
>
--- End Quote ---
Show us this document. It is almost certainly an unlawful
document but unfortunately for whatever reason you seem to be
believing everything the council tell you, hook line & sinker.
Also please stop typing in all caps, you can use indent tags or
italics or whatever else.
[/quote]
Hi - here is the link to the new PCN.
HTML https://imgur.com/a/2AIZ81Q
Is this document is unlawful, or should I not believe it? Please
explain.
The Caps was because I copied in from the PE3 form where I wrote
it - form said I had to write in caps (would never normally
write in caps)
thanks
#Post#: 6262--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: John U.K.
Date: September 28, 2023, 2:35 am
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You may wish to redact your name and address on the front page.
#Post#: 6263--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: Neil B
Date: September 28, 2023, 3:05 am
---------------------------------------------------------
--- Quote from: Norman83 link ---
>
> Is this document is unlawful, or should I not believe it?
Please explain.
>
--- End Quote ---
There is a 28 day limit on service of a pcn, beginning with the
date of contravention.
The alternative is if an earlier pcn has been cancelled by the
court and you've told us you haven't even reached the stage of
applying to the court.
It is further unlawful because there is already an extant pcn
which, as far as we know, hasn't been cancelled (by anyone).
#Post#: 6400--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: ivanleo
Date: September 29, 2023, 6:19 pm
---------------------------------------------------------
This is going to be easy-peasy: the PCN is unlawful but remains
valid unless and until it is either cancelled by the council or
struck down by the tribunal. Therefore, make representations
against it:
[indent]
Dear London Borough of Hackney,
I challenge liability for PCN QZ14186291 because the penalty
charge notice is quite blatantly out of time. I remind the
authority that if it wishes to avail itself of any exemption to
the primary limitation period, the burden of proving an
exemption rests on the authority.
Yours faithfully,
[/indent]
The council has basically shot itself in the foot by unlawfully
reissuing the PCN, so we might as well take the easy win.
#Post#: 7124--------------------------------------------------
Re: Hackney Council - PCN for LTN 52m prohibition, Stoke
Newington Church St - Sent to old address
DIR By: Norman83
Date: October 10, 2023, 6:37 am
---------------------------------------------------------
Thank you all for your responses- I've been away for 10 days on
a very busy job, so catching up on things now.
Here is the amended PCN with address removed.
HTML https://imgur.com/a/7DGe16z
Neil B - thanks for your draft letter of representation.
In terms of making this representation- do I respond as the a)
driver, b) keeper, or c) driver and keeper? (if it makes any
difference)
Also please take a look at this screen grab. Is there anything
else you'd add?
I've categorised my representation as 'other' on all options- I
think that's correct.
Do I need to add any supporting evidence, refer to the date of
the new (unlawful) PCN or is short and sweet the key thing here?
HTML https://imgur.com/a/p5azw0W
thanks
Chris
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