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#Post#: 57582--------------------------------------------------
Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: ReflectoR
Date: February 11, 2025, 5:52 am
---------------------------------------------------------
My Father in Law recieved this PCN in the post. I did a bit of
research on this forum and I found something similar and have
written a draft appeal I'd like you guys to please check.
Here are the links to the back and front of the PCN:
Front:
HTML https://u.cubeupload.com/rtx/ZN15640627PCNfront.jpg
HTML https://u.cubeupload.com/rtx/ZN15640627PCNfront.jpg
Back:
HTML https://u.cubeupload.com/rtx/ZN15640627PCNback.jpg
HTML https://u.cubeupload.com/rtx/ZN15640627PCNback.jpg
Here is my draft appeal:
I am appealing this Penalty Charge Notice (PCN) on the grounds
of Procedural Impropriety.
The PCN incorrectly states the conditions under which the
council may issue a Charge Certificate. It states:
"If the Penalty Charge is not paid before the end of the period
of 28 days beginning with the date of service of this notice, an
increased charge of £195.00 may be payable. We may then send you
a Charge Certificate."
However, according to Schedule 1, Section 5 of the relevant
legislation:
If a penalty charge notice is issued and remains unpaid at
the end of the relevant period, the enforcement authority may
serve a Charge Certificate, increasing the penalty charge by
50%.
The relevant period is defined as 28 days beginning from:
(a) the date of service of the penalty charge notice, if no
representations are made under paragraph 1.
This issue has already been reviewed and decided upon by an
adjudicator at London Tribunals in case reference 224038612A,
regarding PCN ZN12830954. The adjudicator ruled that the PCN was
invalid and ordered Haringey Council to cancel it.
Given this precedent, I believe that:
a) The penalty charge exceeds the amount legally due.
b) There has been a clear procedural impropriety.
On these grounds, I request that this PCN be cancelled and look
forward to your confirmation of its cancellation.
#Post#: 57658--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: Hippocrates
Date: February 11, 2025, 10:39 am
---------------------------------------------------------
--- Quote from: ReflectoR link ---
>
> My Father in Law recieved this PCN in the post. I did a bit of
research on this forum and I found something similar and have
written a draft appeal I'd like you guys to please check.
>
> Here are the links to the back and front of the PCN:
> Front:
HTML https://u.cubeupload.com/rtx/ZN15640627PCNfront.jpg
HTML https://u.cubeupload.com/rtx/ZN15640627PCNfront.jpg
> Back:
HTML https://u.cubeupload.com/rtx/ZN15640627PCNback.jpg
HTML https://u.cubeupload.com/rtx/ZN15640627PCNback.jpg
>
> Here is my draft appeal:
>
> I am appealing this Penalty Charge Notice (PCN) on the grounds
of Procedural Impropriety.
>
> The PCN incorrectly states the conditions under which the
council may issue a Charge Certificate. It states:
>
> "If the Penalty Charge is not paid before the end of the
period of 28 days beginning with the date of service of this
notice, an increased charge of £195.00 may be payable. We may
then send you a Charge Certificate."
>
> However, according to Schedule 1, Section 5 of the relevant
legislation:
>
> If a penalty charge notice is issued and remains unpaid at the
end of the relevant period, the enforcement authority may serve
a Charge Certificate, increasing the penalty charge by 50%.
>
> The relevant period is defined as 28 days beginning from:
> (a) the date of service of the penalty charge notice, if no
representations are made under paragraph 1.
>
> This issue has already been reviewed and decided upon by an
adjudicator at London Tribunals in case reference 224038612A,
regarding PCN ZN12830954. The adjudicator ruled that the PCN was
invalid and ordered Haringey Council to cancel it.
>
> Given this precedent, I believe that:
> a) The penalty charge exceeds the amount legally due.
> b) There has been a clear procedural impropriety.
>
> On these grounds, I request that this PCN be cancelled and
look forward to your confirmation of its cancellation.
>
--- End Quote ---
This is better and simpler:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/haringey-52(m)-pcn-nor-help-(downhills-park-rd-n17)/msg54378/#msg54378
The PCN wrongly states which action triggers the period in which
the council
may serve a charge certificate: “If the Penalty Charge is not
paid before the end
of the period of 28 days beginning with the date of service of
this notice an
increased charge of £195.00 maybe payable. We may then send you
a Charge
Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the
penalty charge
to which it relates is not paid before the end of the relevant
period, the
enforcing authority may serve on that person a statement (in
this paragraph
referred to as a “charge certificate”) to the effect that the
penalty charge in
question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice
is the period of 28
days beginning—
(a)where no representations are made under paragraph 1 above,
with the date
on which the penalty charge notice is served;
******
I was the rep.
#Post#: 57849--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: ReflectoR
Date: February 12, 2025, 12:12 pm
---------------------------------------------------------
[member=24]Hippocrates[/member] thank you.
So what I understand you want me to send what's below (will it
be a problem since it would be the same as what others have
sent?)
The PCN wrongly states which action triggers the period in which
the council
may serve a charge certificate: “If the Penalty Charge is not
paid before the end
of the period of 28 days beginning with the date of service of
this notice an
increased charge of £195.00 maybe payable. We may then send you
a Charge
Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the
penalty charge
to which it relates is not paid before the end of the relevant
period, the
enforcing authority may serve on that person a statement (in
this paragraph
referred to as a “charge certificate”) to the effect that the
penalty charge in
question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice
is the period of 28
days beginning—
(a)where no representations are made under paragraph 1 above,
with the date
on which the penalty charge notice is served;
#Post#: 57871--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: Hippocrates
Date: February 12, 2025, 2:43 pm
---------------------------------------------------------
No problem.
#Post#: 57872--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: ReflectoR
Date: February 12, 2025, 2:48 pm
---------------------------------------------------------
Sorry I just re-read what you posted. I didn't realise you
edited my first response in the quotes.
Did you want me to use that edited version or what you posted in
your actual reply?
#Post#: 57879--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: Hippocrates
Date: February 12, 2025, 3:41 pm
---------------------------------------------------------
The edited as there in ground of procedural impropriety.
#Post#: 58182--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: ReflectoR
Date: February 14, 2025, 7:41 pm
---------------------------------------------------------
I've posted the appeal. Thank you for your help!!! I will keep
this thread updated of course on the outcome. I posted the
appeal below:
The PCN wrongly states which action triggers the period in which
the council
may serve a charge certificate: “If the Penalty Charge is not
paid before the end
of the period of 28 days beginning with the date of service of
this notice an
increased charge of £195.00 maybe payable. We may then send you
a Charge
Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the
penalty charge
to which it relates is not paid before the end of the relevant
period, the
enforcing authority may serve on that person a statement (in
this paragraph
referred to as a “charge certificate”) to the effect that the
penalty charge in
question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice
is the period of 28
days beginning—
(a)where no representations are made under paragraph 1 above,
with the date
on which the penalty charge notice is served;
This issue has already been reviewed and decided upon by an
adjudicator at London Tribunals in case reference 224038612A,
regarding PCN ZN12830954. The adjudicator ruled that the PCN was
invalid and ordered Haringey Council to cancel it.
I request that this PCN be cancelled and look forward to your
confirmation of its cancellation.
#Post#: 58203--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: Hippocrates
Date: February 15, 2025, 4:57 am
---------------------------------------------------------
This issue has already been reviewed and decided upon by an
adjudicator at London Tribunals in case reference 224038612A,
regarding PCN ZN12830954. The adjudicator ruled that the PCN was
invalid and ordered Haringey Council to cancel it.
There has been no review! But, they did send a charge
certificate after the hearing!
#Post#: 58275--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: ReflectoR
Date: February 15, 2025, 11:01 am
---------------------------------------------------------
Ah. I see. So should I change it? Luckily I didn't send it, I
posted what I posted, and was going to send it, but got
distracted lol.
Should I send whats below then, exactly like that?
The PCN wrongly states which action triggers the period in which
the council
may serve a charge certificate: “If the Penalty Charge is not
paid before the end
of the period of 28 days beginning with the date of service of
this notice an
increased charge of £195.00 maybe payable. We may then send you
a Charge
Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the
penalty charge
to which it relates is not paid before the end of the relevant
period, the
enforcing authority may serve on that person a statement (in
this paragraph
referred to as a “charge certificate”) to the effect that the
penalty charge in
question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice
is the period of 28
days beginning—
(a)where no representations are made under paragraph 1 above,
with the date
on which the penalty charge notice is served;
#Post#: 58295--------------------------------------------------
Re: Haringey PCN 52(M) Cornwall Road N15 LTN
DIR By: Hippocrates
Date: February 15, 2025, 2:32 pm
---------------------------------------------------------
Verbatim as per my original play.
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