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#Post#: 64780--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: March 29, 2025, 12:15 pm
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That sounds like something we can use as mitigating evidence, as
per the strategy of last resort
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ealing-cumberland-road-w7-code-53j-failing-to-comply-with-a-restriction-on-vehic/msg56444/#msg56444.<br
/>If we can get a failure to consider on top of the previously
make unlawful threat of increasing the penalty to £195 before
the permitted time, you'll have a pretty solid appeal to pursue
at the tribunal.
It might be easier if I submit the representations on your
behalf, if you'd like me to do that please send me a PM
HTML https://www.ftla.uk/index.php?action=pm
and we can arrange this.
#Post#: 65600--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: April 3, 2025, 5:16 pm
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[member=4443]runninghorse[/member] I replied to your PM asking
you to email me, but I've not seen an email from you?
#Post#: 65604--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: H C Andersen
Date: April 4, 2025, 12:53 am
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This thread raises interesting issues of propriety because the
driver made reps so promptly and the authority responded
similarly.
OP, at no point in these proceedings could you, as driver,ever
be liable.
Whether you are the registered keeper is legally irrelevant
prior to an NTO being issued.
A PCN of this type is NOT a demand for payment, it's information
contained in a notice. This info notifies the driver that the
OWNER is liable but that if the penalty is paid - by anyone, not
just you - then the matter would be closed, otherwise the
authority would demand payment of the regular penalty from the
OWNER. Very similar to, but the upside down version of, private
parking cases where a Notice to Keeper is sent to the keeper to
tell them that the driver is liable!
Anyway, the website is totally misleading when it refers to
penalties owed by the keeper who cannot be assumed at this stage
i.e. prior to a NTO, to know anything about matters. It's total
c**p.
It is totally at variance with propriety for the council to pass
info to the person who is NOT liable threatening them with
higher penalties than permitted which would in any case be owed
by the OWNER. Until a NTO is served then the OWNER could not
access the site for want of the magic formula: the PCN number.
The authority really need to get someone in to take a look at
their procedures and the assumptions which they make regarding
the status of who might be viewing.
How could the actions or inaction of the recipient of a PCN give
rise to any action or threat of action by the authority against
the liable party who prior to a NTO being issued could have no
knowledge and has even less liability?
It's procedural nonsense IMO.
#Post#: 65605--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: runninghorse
Date: April 4, 2025, 2:01 am
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Thank you both very much for your sharing your knowledge on the
process, I would never been able to see this myself.
#Post#: 86872--------------------------------------------------
Re: PCN, City of Westminster, code 12r, 9 Cabbell Street 9
Cabbell St, London NW1 5BA
DIR By: ivanleo
Date: August 23, 2025, 5:08 am
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Outcome
HTML https://drive.google.com/file/d/1uix2aiVweP9NdUs76ITdrJsSJ0YbVZSA/view.
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