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#Post#: 61697--------------------------------------------------
PCN on the Car No PCN by post,
DIR By: Kash
Date: March 10, 2025, 12:07 pm
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Deal all,
On August 26, 2024 (a bank holiday), I parked on a single yellow
line and received a Penalty Charge Notice (PCN) stuck to my car
windshield. However, I never received a PCN by post, which I was
expecting.
Later, on November 5, 2024, I received a Charge Certificate. I
wrote to the council explaining that I never received the
original PCN, but they refused to consider my case. I then
appealed to the Traffic Enforcement Centre (TEC) on the grounds
that I never received the PCN. The TEC canceled the Charge
Certificate, and I expected to receive a PCN with the reduced
penalty of £65.
Instead, I have now received a Notice to Owner demanding £130.
What are my options at this stage?
[attachment deleted by admin]
#Post#: 61701--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: H C Andersen
Date: March 10, 2025, 12:16 pm
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This is the enforcement process and so far it's been followed to
the letter by the authority and you.
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process
There is no postal PCN in cases where a PCN was served on the
car.
The next stage is the NTO.
You did not receive the NTO first time around and so the process
ground on through CC, Order for Recovery, in-time Witness
Statement, cancellation of the CC and OfR by TEC(it's not an
appeal, TEC deal only with process procedure, not the
contravention), ball back in the authority's court....
and now you have a NTO.
Pl post the NTO, your initial challenge if any and their reply.
Your options at this stage: pay or make formal representations
to the authority.
#Post#: 61781--------------------------------------------------
Re: PCN on the Car No PCN by post.
DIR By: Kash
Date: March 10, 2025, 5:55 pm
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Thanks Anderson,
I did not challenge after this latest NTO. attached as NTO1 &
NTO2
Back in November 2024, After receiving the Charge Certificate, I
wrote an email to the council arguing that I never received the
original PCN by post. Since the posted PCN would have included a
web code, I was unable to make a representation or challenge the
penalty online, to which they replied to fill a online form but
that didn't go anywhere.
email correspondence with Newham council attached.
I am still wondering why, after the Charge Certificate was
cancelled, the PCN was not reissued with the option to pay the
reduced amount of £65. Given that the original PCN was not
received by post, I expected it to be resent at the discounted
rate rather than being escalated to a Notice to Owner demanding
the full £130.
Many thanks
[attachment deleted by admin]
#Post#: 61786--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: stamfordman
Date: March 10, 2025, 6:01 pm
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You misunderstand. This is a windscreen PCN.
The PCN was served on your car. You chose not to challenge it.
The NTO is served on the registered keeper presumed owner at the
full penalty.
Representations to the NTO by the keeper will often see the
authority (re)offering the discounted penalty if they reject.
#Post#: 61790--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: Kash
Date: March 10, 2025, 6:21 pm
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thanks stamfordman!!!
formal representation on which grounds?
#Post#: 61792--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: stamfordman
Date: March 10, 2025, 6:29 pm
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--- Quote from: Kash link ---
>
> formal representation on which grounds?
>
--- End Quote ---
No idea. All you've done is posted pics of a car on a yellow
line and an NTO that alleges a code 01 contravention that could
be correct.
#Post#: 61804--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: Kash
Date: March 11, 2025, 2:45 am
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Hmmm
not sure what else can I share here apart from a charge
certificate.
#Post#: 61807--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: MrChips
Date: March 11, 2025, 3:00 am
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You should post up copies of the charge certificate and original
PCN to give us the best chance of finding something that could
form the grounds for a successful appeal.
Plus mention anything you might feel warrants challenging
(inadequate signage, faded lines, mitigating circumstances etc).
Google maps link to precise location.
You opening post suggests you assumed the yellow line wouldn't
be enforced on a bank holiday, is that the fundamental reason
for the PCN?
#Post#: 61810--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: H C Andersen
Date: March 11, 2025, 3:35 am
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You parked on a yellow line on a Monday.
You assumed that because this was a Bank Holiday that either the
CEO army would be resting or that the waiting restriction was
officially relaxed, despite there being no signs to this effect.
Both the parking place behind you and the yellow line opposite
have traffic signs which do not state an exclusion for BHs
There are exemptions to the restriction e.g. loading, alighting
a passenger etc. But you've not indicated that any apply to you.
In any event, the burden is yours to establish.
Procedurally there might be an escape, but we need to see the
PCN to check whether it's correct.
You say that you were waiting for a postal PCN...which begs the
question: what did you intend to do once received? What argument
did you intend to make?
There might be issues with the council's representations website
and we have members who could guide you in this respect.
Bottom line: NTO dated 5 March means you must pay or make reps
no later than 3 Apr.
#Post#: 61874--------------------------------------------------
Re: PCN on the Car No PCN by post,
DIR By: Kash
Date: March 11, 2025, 7:16 am
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Hi Again everyone,
Thank you for taking the time to respond.
I was unaware that restrictions on a single yellow line remain
in effect on bank holidays, but I now realize I was mistaken.
Please find attached the charge certificate. I will make an
effort to locate the original PCN that was placed on the
windscreen.
I had expected to receive a PCN by post, as I had
assumed—incorrectly—that single yellow line restrictions were
not enforced on bank holidays.
I sincerely appreciate everyone's assistance and input on this
matter.
K
[attachment deleted by admin]
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