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#Post#: 58063--------------------------------------------------
Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Goretechre
Date: February 14, 2025, 5:02 am
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[member=1]cp8759[/member]
After living with this in my street 3 years i stupidly thought
id been reading the signage wrong and began driving through the
LTN. Google began sending people through. Drove through
possibly 10 times, the PCN's haven’t stopped arriving yet! I
was going to be honest and plead leniency? Please help
My appeal draft:
Recently there was a broken water main on West Green Road with
diversions in place within the area and some open LTN’s.
During this time I saw lots of cars driving through the
Gorleston Rd/Falmer Rd LTN, this was confounded by Google Maps
directing people through this LTN. I understand sat nav is an
aid not permission to drive somewhere but at the time it added
to my decision. This all made me think I had been misreading
the sign incorrectly since the LTN was instated and I thought
that you can actually drive through outside of these times ‘8am
- 6.30pm mon - fri’. You’ll notice my contravention times all
coincide with my confusion regarding these hours.
Often upon entering other LTN’s in the area the signage
displaying any applicable entry hours is above head height. It
is visible on the parking prohibited sign but in a separate
section which I misinterpreted as pertaining to the LTN.
Historically I have not and would never have knowingly driven
through otherwise.
Since August 2022 I’ve not driven through these, I didn’t all of
a sudden begin driving through for no apparent reason. My
mistake was an honest one and I drove through in good faith
thinking I was adhering to the signage.
I now have multiple PCN’s for this same contravention during
this week of confusion, could you please show some leniency and
reduce the fine’s?
Ive attached screen grabs showing Google Maps sending people
through the LTN’s in my street just so you can see.
HTML https://drive.google.com/file/d/1olzr_iAvks8fETeNxi6_I4--nJ8DJ4Iq/view?usp=sharing
#Post#: 58065--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Hippocrates
Date: February 14, 2025, 5:12 am
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The PCN is invalid. Back in a moment. I won a case on this very
recently:
HTML https://drive.google.com/file/d/1mq9MAnLdByhCxR5IzpKhvDT7LKlTOHUJ/view
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
Use this:
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;
In light of the above, please cancel.
*************
I am happy to represent you should they reject.
#Post#: 58069--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Goretechre
Date: February 14, 2025, 5:22 am
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@Hippocrates Thank you! What should it say for the PCN to be
payable? Sorry im a total layman here. I need to make certain
all of the PCN's that are sent read the same
#Post#: 58089--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Hippocrates
Date: February 14, 2025, 6:47 am
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No worries: most laws are hard enough to understand but this one
is an exception!
It should say that payment should be made by the date of the
notice. The corollary is that they have also not stated that
they may issue a charge certificate unless you make reps. from
the date of service.
If you fail to pay the Penalty Charge during the 28 day period
indicated, or to make representations before the end of a period
of 28 days beginning with the date of service of this notice an
increased charge of £195 may be payable”.
Even better would be a full recital of the 2 different periods
for payment and for making representations.
Let's deal with each one and cross each bridge at the
appropriate time. The others would be classed as
disproportionate most likely. But, you must make reps. against
each one separately.
#Post#: 58095--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Goretechre
Date: February 14, 2025, 7:12 am
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[member=24]Hippocrates[/member] There's more at home also
HTML https://drive.google.com/file/d/1CL9WQGiEnlhegU3eiUnxwEYrFh7qq39S/view?usp=sharing
HTML https://drive.google.com/file/d/1Fbk5T5FxU7hgURGEkTkwXIqyqKtMn5j4/view?usp=sharing
HTML https://drive.google.com/file/d/1CUP7HPJFRfWPqS3rbzQ99tjr_LA3oMM4/view?usp=sharing
Should i appeal the first PCN with the text you recommended to
see what happens?
Thanks
#Post#: 58096--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Hippocrates
Date: February 14, 2025, 7:15 am
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Put in the same and explain that the issue of several PCNs is
disproportionate for what is essentially a repeated alleged
contravention. I am helping another member who has 8.
#Post#: 58149--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: ivanleo
Date: February 14, 2025, 1:08 pm
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[member=4422]Goretechre[/member] I'll leave you in Hippocrates's
capable hands.
#Post#: 58680--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Goretechre
Date: February 18, 2025, 3:32 am
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[member=1]cp8759[/member] Much appreciated!
[member=24]Hippocrates[/member] Morning, i think this might be
all of the PCN's - 6 in total!
HTML https://drive.google.com/drive/folders/1dFtYSn6Qn7v-zrc2fyYzog1E_MOn-Dzi?usp=sharing
#Post#: 58685--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Hippocrates
Date: February 18, 2025, 4:36 am
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So as advised: make formal reps. against each one.
#Post#: 58694--------------------------------------------------
Re: Haringey 52M PCN ( Cornwall Road N15 - LTN Multiple PCN'S )
DIR By: Goretechre
Date: February 18, 2025, 5:34 am
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@Hippocrates Is their following text without proper spacing not
enough in itself to void the PCN's?
"OR, if you believe you have good reason not to pay the penalty
charge, you should write to us explaining why
(seerepresentationssectionoverleaf).Althoughtherearespecificlegalgroundsformakingrepresentations,we
will consider exercising or discreation..."
also 'may be' is spelled "maybe"?
---------
So i'll paste the following into the rep online for all 7
(theres a total of 7 listed online on the payment page).
--- Quote ---
> 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 seeking payment of this increased amount.” 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;
>
> In light of the above, please cancel.
>
--- End Quote ---
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