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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 83288--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Hippocrates
Date: July 29, 2025, 7:17 am
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Draft first pl.
#Post#: 83341--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Torenaga
Date: July 29, 2025, 12:28 pm
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"Ground: the penalty charge exceeded the amount.
The 2003 Act states that representations may be made on “one or
other grounds”. Clearly, your website only allows me to choose
one ground. This is a clear ambiguity which must be resolved in
the favour of the owner. Furthermore, the PCN states: “If the
Penalty Charge is not paid before the end of the 28 day period,
the charge may increase to £240.00.” Clearly, the period to
which this refers is 28 days from the date of the notice. This
flies in the face of paras. 5(1) and (2)(a) as provided at
Schedule 1 which states that a charge certificate may be issued
28 days from the date of service of the PCN.
I have considered Adjudicator’s reasoning in Adam Jones v London
Borough of Havering Case No 2190374806 in adopting this ground
of appeal since procedural impropriety is not afforded to an
appellant in this legislation.
Considering the above, I ask the the PCN be cancelled. Should
you not agree to do so, I am quite prepared to take the matter
to the Tribunal.
I would also like to add, that the signage leading into openview
isn't very clear, due to the wording and the overgrown tree on
approach to the sign on Burntwood Lane, 'please see attached
picture of the signage'. it is also rather misleading because
not all of Openview is restricted. Only when one gets to Lydiard
road that the rest of Openview is restricted. This can lead to
much confusion while turning into Openview.
Kind regards."
Does this seem ok?
#Post#: 83372--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Hippocrates
Date: July 29, 2025, 3:05 pm
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I like it. Just remember to screenshot each page when you
attempt to tick each ground.
#Post#: 83384--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Torenaga
Date: July 29, 2025, 3:57 pm
---------------------------------------------------------
Great, I will sort this out now. thank you so much for your
help.
#Post#: 83388--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: H C Andersen
Date: July 29, 2025, 4:19 pm
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You are making reps to the authority, not appealing to the
adjudicator - which is where the body of your draft stems from.
IMO, ..l
I am making representations on the following grounds:
'that the penalty charge exceeded the amount applicable in the
circumstances of the case.'
I believe these grounds apply because the PCN fails to comply
with the requirements of the Act.
I would refer the authority to the PCN which, as far as is
relevant, states the following in the order laid out:
The penalty charge.. must be paid before the end of the period
of 28 days beginning with the date of this notice;
Or you may make representations ..the grounds on which you may
make representations are set out overleaf;
If the penalty charge is not paid before the end of the 28 day
period the charge may increase to £240;
the council may disregard any representations received after the
end of the period of 28 days beginning with the day on which
this notice was served on you:
The only plain English interpretation and logical deduction from
the above is that:
There is no indication that the strict time period allowed for
payment is affected, let alone paused, should representations be
made;
Although a longer period is allowed for making representations,
that is to say 28 days beginning on the date of service as
opposed to date of the notice(a difference which could extend to
4 or more days), the recipient risks a higher penalty, whatever
the circumstances, if they do not pay by the payment deadline.
Is what the PCN states IMO. It's not for an owner to overlay
with knowledge of the Act, they're entitled to read the document
as it stands.
#Post#: 83389--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Hippocrates
Date: July 29, 2025, 4:27 pm
---------------------------------------------------------
Please keep it simple. I have one of my own!
#Post#: 83394--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Torenaga
Date: July 29, 2025, 5:19 pm
---------------------------------------------------------
Should I just stick to the original draft?
#Post#: 83399--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Hippocrates
Date: July 30, 2025, 2:39 am
---------------------------------------------------------
--- Quote from: Torenaga link ---
>
> "Ground: the penalty charge exceeded the amount.
>
> The 2003 Act states that representations may be made on “one
or other grounds”. Clearly, your website only allows me to
choose one ground. This is a clear ambiguity which must be
resolved in the favour of the owner. Furthermore, the PCN
states: “If the Penalty Charge is not paid before the end of the
28 day period, the charge may increase to £240.00.” Clearly, the
period to which this refers is 28 days from the date of the
notice. This flies in the face of paras. 5(1) and (2)(a) as
provided at Schedule 1 which states that a charge certificate
may be issued 28 days from the date of service of the PCN.
>
> I have considered Adjudicator’s reasoning in Adam Jones v
London Borough of Havering Case No 2190374806 in adopting this
ground of appeal since procedural impropriety is not afforded to
an appellant in this legislation.
>
> Considering the above, I ask the the PCN be cancelled. Should
you not agree to do so, I am quite prepared to take the matter
to the Tribunal.
>
> I would also like to add, that the signage leading into
openview isn't very clear, due to the wording and the overgrown
tree on approach to the sign on Burntwood Lane, 'please see
attached picture of the signage'. it is also rather misleading
because not all of Openview is restricted. Only when one gets to
Lydiard road that the rest of Openview is restricted. This can
lead to much confusion while turning into Openview.
>
> Kind regards."
>
> Does this seem ok?
>
--- End Quote ---
Use this one yes.
#Post#: 93295--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: Torenaga
Date: October 7, 2025, 3:25 pm
---------------------------------------------------------
Hi Everyone,
I finally got a reply back from wandsworth council and they
rejected my appeal, I just recieved the letter today, seems a
bit of a long time for a reply, or does the 56 day time not
apply in this case as from my calculations it has been 59 days
from my appeal to them writing a notice of rejection.
I have attached the notice of rejection and would appreciate any
opinions on the next step please.
Thanks in advance ;)
HTML https://flic.kr/p/2rxYdDb
HTML https://flic.kr/p/2rxYdD1
HTML https://flic.kr/p/2rxYdC9
HTML https://flic.kr/p/2rxTMPL
HTML https://flic.kr/p/2rxZttG
HTML https://flic.kr/p/2rxZoyh
#Post#: 93298--------------------------------------------------
Re: Wandsworth Contravention 52M openview junction leckford road
DIR By: fraser.mitchell
Date: October 7, 2025, 3:58 pm
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--- Quote from: Torenaga link ---
>
> Hi Everyone,
> I finally got a reply back from wandsworth council and they
rejected my appeal, I just recieved the letter today, seems a
bit of a long time for a reply, or does the 56 day time not
apply in this case as from my calculations it has been 59 days
from my appeal to them writing a notice of rejection.
>
> I have attached the notice of rejection and would appreciate
any opinions on the next step please.
>
> Thanks in advance ;)
>
>
HTML https://flic.kr/p/2rxYdDb
>
>
HTML https://flic.kr/p/2rxYdD1
>
>
HTML https://flic.kr/p/2rxYdC9
>
>
HTML https://flic.kr/p/2rxTMPL
>
>
HTML https://flic.kr/p/2rxZttG
>
>
HTML https://flic.kr/p/2rxZoyh
>
--- End Quote ---
56 days only applies to responses to formal representations
against PCNs issued under the Traffic Management Act 2004. Your
PCN was served under the LLA & TfL Act 2003. Yes, legislation
on parking and traffic contraventions is a total mess, but don't
expect it to be sorted out in your lifetime.
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