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#Post#: 77177--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: mrmustard
Date: June 19, 2025, 8:50 am
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No sensible expert will advise on what he cannot see. Please
show us the latest document.
#Post#: 77194--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: H C Andersen
Date: June 19, 2025, 11:13 am
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+1, the OP must follow forum procedures pl.
Talking of procedures...Let's stay within those for road traffic
contraventions pl.
OP, you say you were served with a CC (we haven't seen it) in
respect of a PCN which you did not receive. Procedurally, you
were simply required to wait until an Order for Recovery was
issued following which you could submit an in-time Statutory
Declaration (under the grounds 'Did not receive the PCN/NTO in
question')which would have the effect of revoking the OfR and
the CC and leaving the authority with the option to reissue the
PCN or not. Their choice, nothing to do with you at this stage.
But instead you contacted the authority, did not make any
written submissions that we're aware of, reported that the PCN
had been cancelled and now said you've been served with another,
which we've yet to see.
Let's see what this PCN reveals.
#Post#: 77208--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: Nitewalker38
Date: June 19, 2025, 12:22 pm
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Ok for clarity
- PCN they claimed was issued 24th April for an incident that
took place on 17th April at 8:05pm
- PCN never received
- Charge Certificate received 30th May (£240)
- contacted RBK (David) who advised their was an error and the
PCN can be ignored however due to their threat of county court
action within 14days I submitted an appeal as their web portal
allowed me to.
- submission as follows
Dear Sir / Madam The first i was aware of this PCN was when i
received the Charge Certificate on Friday 30th May. I have never
received the letter you claim was issued on 24th April 2025. I
have just spoken with one of your colleagues (David) at 11:30am
this morning who has advised me this PCN is part of a bacth of
PCNs that were issued in error and that i am to await an update
but as the Charge certificate states you will proceed with
County Court within 14 days of letter issue i feel i have to
respond. Having reviewed the evidence provided by yourselves my
view is as follows: 1. There was no contravention as per the
law. 2. The locus is vague as there are several junctions. 3.
The box is too big as already ruled by one adjudicator whose
decision you have not appealed. Considering the above, please
cancel. Should you not agree to do so, I am prepared to take the
matter to the Tribunal and, if successful, make a claim for
costs in addition.
- 11th June the RBK PCN portal showed the ticket had been
cancelled and no further action was required as per the picture
in last post.
- Today I received a new PCN with the same reference for the
same incident advising I had 14 days to pay £80 fee or appeal
HTML https://imgur.com/a/Z7arQfW
- I contacted RBK to ascertain what was going on as the portal
showed it canceled to which they insisted it wasn’t and that
having reviewed the footage it’s been issued correctly. I
referred to my previous challenge to which the lady advised
wouldn’t be valid and would have to submit again. She also
wanted proof via email that the web portal showed the ticket as
cancelled as they didn’t believe me. This evidence was submitted
to rbk.enquiries@apcoa.com and below is a picture of the email
response.
HTML https://imgur.com/a/BZ3uaQr
I no longer have a copy of the charge notice they issued
previously as I destroyed on the basis the portal said the
ticket had been cancelled.
Kind regards
#Post#: 77231--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: H C Andersen
Date: June 19, 2025, 2:27 pm
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Apart from you submitting representations beyond the 28-day
period provided, what's posted rehearses what's clear from the
thread.
You submitted reps late - why, I don't know, because they could
disregard without any obligation to respond when procedurally
you should have waited for the OfR.
Anyway, IMO this matter will be resolved procedurally and not by
you contacting the council.
You MUST make reps.
Penalty exceeded....circumstances of case.
The PCN has been served out of time. They had 28 days but
they've taken 2 months. None of the exceptions to the 28-day
rule applies because a previous PCN (which existed because they
served a CC) was not cancelled by TEC and you are the same
addressee as in the first PCN, therefore it's not a fresh
notice.
IMO, forget about the contravention(include in your reps if you
must, but make this secondary), websites, unconfirmed telephone
conversations etc. and get back to procedure.
#Post#: 77235--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: Nitewalker38
Date: June 19, 2025, 2:36 pm
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Sorry to sound stupid but what am I to do now based on your
response?
Do I use the web portal to appeal and state the existing plus
the fact they are outside of the 28 day notice for issuing the
pcn or just ignore and await them to respond to the email proof
of the cancelled pcn?
Thanks again for your help it’s honestly really appreciated.
#Post#: 77239--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: Hippocrates
Date: June 19, 2025, 3:09 pm
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This outfit is well-known. If you would like me to write a stiff
complaint to them and get this sorted, PM me.
Sorry as in Kos at present, supposedly holidaying. So, I tend to
shoot from the hip at RBK.
#Post#: 77243--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: H C Andersen
Date: June 19, 2025, 3:24 pm
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OP, do what it says on the PCN i.e. pay or make reps.
Assuming you opt for the latter, then the grounds are as I
explained.
Do NOT refer to anything other than the PCN you have, it would
be a distraction and for your purposes unnecessary.
And sorry to take the contra view to Hippocrates, we don't need
complaints - these are extra-procedural and can come later- deal
procedurally with what you have i.e. a PCN.
#Post#: 77287--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: Hippocrates
Date: June 20, 2025, 1:11 am
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my two-pronged approach with RBK has always worked -and even
resulted in costs when the Adjudicator read what they wrote in
response to my complaint. It is essential to have a detailed
timeline of events and conversations.
#Post#: 77293--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: H C Andersen
Date: June 20, 2025, 2:19 am
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Accepted, but as costs under adjudication procedures cannot
arise until a NOR has been received, then submitting reps is the
next step. To me the grounds are objective: there is no
provision for this PCN which they are therefore obliged to
cancel for procedural reasons.
If they don't, then take it from there,
#Post#: 83906--------------------------------------------------
Re: Kingston Upon Thames - 31J - Kingston road
DIR By: Nitewalker38
Date: August 3, 2025, 11:48 am
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So having not heard a word from Kingston I thought I would check
on the status of the PCN.
Please see image
HTML https://imgur.com/a/tErG92B
it’s comical that the status is now NTO/Enforcement Notice Sent
and the fee has gone up despite no contact from them at all and
the history of the claim as seen below says on hold.
HTML https://imgur.com/a/GkQkTaJ
My patience with them is running very thin.
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