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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 58258--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: Hippocrates
Date: February 15, 2025, 9:14 am
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@runninghorse
[member=1]cp8759[/member]
Just looked:
The amount outstanding on the Penalty Charge Notice will
increase to £130.00 on Mon, 3 Mar 2025. Please pay £65.00 now.
That date is clearly wrong. I make it 27th February. Although we
are now losing cases on the served/occurred argument, in this
context it might fly?
Serendipity: 2240362722. There is also the multiple choice
issue; but I tried that some months ago too.
#Post#: 58260--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: February 15, 2025, 9:29 am
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--- Quote from: Hippocrates link ---
>
> The amount outstanding on the Penalty Charge Notice will
increase to £130.00 on Mon, 3 Mar 2025. Please pay £65.00 now.
>
> That date is clearly wrong. I make it 27th February.
>
--- End Quote ---
That's not the point, at the moment the website is in the
recipient's favour and the authority is entitled to use its
discretion to allow a longer time period for payment of the
discount.
The key issue rather is that once an informal rejection is
issued, the website will likely indicate that the penalty will
go up to £195 after 28 days from the date of service of the
informal rejection, which would obviously be before 28 days from
the date of service of the Notice to Owner. It's that threat to
increase the penalty before the council is entitled to demand
£195 that is unlawful.
#Post#: 58267--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: runninghorse
Date: February 15, 2025, 10:17 am
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If I use the reason 'the alleged contravention did not occur' at
the Westminster appeals website, I'm asked to select further
details by picking one of the below reasons:
At the time I am supposed to have been in contravention, I was
loading and unloading
The restriction that I am supposed to have ignored was not
signed
At the time I am supposed to have been in contravention, the
restriction did not apply
At the time I am supposed to have been in contravention, I was
elsewhere
I was instructed by a police officer to do this
Pleese can anyone advice which one to pick?
#Post#: 58271--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: February 15, 2025, 10:31 am
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Personally I would select an unrelated ground, because the
tick-box you pick does not appear in the tribunal evidence pack
but it does sometimes determine which letter template the system
generates for the rejection. If for instance you pick the
tickbox to say the car was stolen or that you're a hire company,
but you when write in the text box that the contravention did
not occur, the adjudicator will see a representation saying that
the contravention did not occur but a rejection letter that says
there's no evidence the car was stolen or that you're a hire
company, and that will look like a complete failure to consider.
#Post#: 58278--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: runninghorse
Date: February 15, 2025, 11:15 am
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Thank you very much. That's done and I took a screenshot. I will
provide an update once I hear back from the council.
#Post#: 59824--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: runninghorse
Date: February 26, 2025, 5:08 pm
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hi all,
I just got a response from Westminster with a rejection notice.
The letter says that I have a further 14 days from the
28/02/2024 to pay the fine of £65
HTML https://ibb.co/5h3vSyyp
HTML https://ibb.co/5h3vSyyp
However, the City of Westminster website says:
"The amount outstanding on the Penalty Charge Notice will
increase to £130.00 on Mon, 3 Mar 2025. Please pay £65.00 now."
May this be a ground to challenge the case?
#Post#: 59825--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: February 26, 2025, 5:41 pm
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--- Quote from: runninghorse link ---
>
> However, the City of Westminster website says:
>
> "The amount outstanding on the Penalty Charge Notice will
increase to £130.00 on Mon, 3 Mar 2025. Please pay £65.00 now."
>
> May this be a ground to challenge the case?
>
--- End Quote ---
Well, what would make the case open and shut is if the penalty
actually increases to £130 on the website before 10 March, so
it's worth checking the amount due on the council website this
time next week. If it's gone up to £130 then you have an easy
appeal on the ground that the penalty demanded exceeds the
amount due in the circumstances of the case:
HTML https://i.imgur.com/ExQOaPf.png
The assertion that you cannot challenge the penalty twice is
also incorrect, but more on that later.
#Post#: 60669--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: runninghorse
Date: March 5, 2025, 5:16 am
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The Westminster website says now “The amount outstanding on the
Penalty Charge Notice will increase to £195.00 on Sat, 19 Apr
2025. Please pay £65.00 now.” Does this mean that the approach
we had envisaged doesn’t work?
#Post#: 60679--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: March 5, 2025, 5:46 am
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[member=4443]runninghorse[/member] not necessarily, it just
means you'll have to wait for the notice to owner. In the
meantime do you have any evidence to confirm your viewing
appointment?
#Post#: 61394--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: runninghorse
Date: March 8, 2025, 3:28 pm
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Thank you very much [member=1]cp8759[/member] for your response
on Wednesday this week. The notice to owner should be delivered
by post at my home address right?
I definitely have evidence of the viewing appointment, but only
via the exchange of whatsapp messages.
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