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#Post#: 10606--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: ivanleo
Date: November 19, 2023, 8:41 am
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--- Quote from: taffer87 link ---
>
> Also, good to get your input on if the error in their letter
saying I supplied evidence for payment on 25 October (when in
fact I did supply evidence for 26 OCtober) and PCN was issued on
26 October now means there is a very good chance of winning at
tribunal? Of course next stage is NTO to lease co - then
transfer liability to me and new NTO to me.
>
--- End Quote ---
If they make a similar mistake at the formal notice of rejection
stage, we might be able to exploit that.
#Post#: 10624--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: taffer87
Date: November 19, 2023, 11:56 am
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--- Quote from: cp8759 link ---
>
> [quote author=taffer87 link=topic=799.msg10438#msg10438
date=1700234853]
> Also, good to get your input on if the error in their letter
saying I supplied evidence for payment on 25 October (when in
fact I did supply evidence for 26 OCtober) and PCN was issued on
26 October now means there is a very good chance of winning at
tribunal? Of course next stage is NTO to lease co - then
transfer liability to me and new NTO to me.
>
--- End Quote ---
If they make a similar mistake at the formal notice of rejection
stage, we might be able to exploit that.
[/quote]
ah that's a shame so their error in replying to informal reps
doesn't really count for much?
#Post#: 10776--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: ivanleo
Date: November 20, 2023, 5:48 pm
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--- Quote from: taffer87 link ---
>
> ah that's a shame so their error in replying to informal reps
doesn't really count for much?
>
--- End Quote ---
Well it counts for something, but mistakes in the formal
rejection hold a lot more weight.
#Post#: 11443--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: taffer87
Date: November 28, 2023, 4:03 am
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So this is what it says today on the council website. previously
it said the amount would go to £195 on 28 November but today (on
28 November) it just says the amount will increase to £195 very
soon and please pay £65 now
Is this not some sort of procedural impropriety by the council
giving false information as the next stage would be a NTO at
£130 rather than £195?
Summary so far:
Date of contravention/PCN on windscreen: 26 October 2023
Informal reps made: 2 November 2023
Letter rejecting the informal challenge: 10 November 2023 -
received on 13 November 2023
HTML https://i.ibb.co/8m9HndQ/PCN-LJ27533870-BD22-PYW-pic-28-Nov-redacted.png
HTML https://ibb.co/grJxbPc
#Post#: 11490--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: ivanleo
Date: November 28, 2023, 6:13 pm
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--- Quote from: taffer87 link ---
>
> Is this not some sort of procedural impropriety by the council
giving false information as the next stage would be a NTO at
£130 rather than £195?
>
--- End Quote ---
I would certainly make the argument. While it's not a procedural
impropriety as defined by the regulations, it would appear to be
a breach of the council's duty to act fairly.
After all someone who doesn't have the benefit of legal advice
might see that, panic, pay the £65 and lose the right to take
things further, so there is a risk of prejudice.
#Post#: 11897--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: taffer87
Date: December 5, 2023, 4:00 am
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I can see on the website the still says £100 and that I
challenged and they responded on 10 November so can't challenge
again
Assume this means they haven't issued a NTO to Lambeth yet -
thought it would be fairly automatic and they woudl issue one as
soon as eligible - any experience of this - can councils take a
long time before issuing a NTO?
(Appreciate I would need to wait for NTO in my own name in any
casE)
#Post#: 12269--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: taffer87
Date: December 12, 2023, 9:04 am
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Ah so found out that they pretty much have 6 months to send a
NTO .. really long time to have this as an open matter but
anyway will have to wait
#Post#: 12275--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: fraser.mitchell
Date: December 12, 2023, 10:42 am
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--- Quote from: taffer87 link ---
>
> Ah so found out that they pretty much have 6 months to send a
NTO .. really long time to have this as an open matter but
anyway will have to wait
>
--- End Quote ---
6 months is the legal limit, but the Statutory Guidance for the
legislation they are using to issue the PCN is that it should be
issued much sooner.
Extract from the Statutory Guidance
--- Quote ---
> Issuing the notice to owner
> If the penalty charge is not paid the enforcement authority
may issue a notice to owner (NtO). The purpose of this is to
ensure that the PCN was received by the vehicle owner and to
remind the vehicle owner that the payment in full is now due
and, if it is not paid within a further 28 days, it may be
increased.
>
> The NtO may be issued 28 days after serving the penalty
charge, and we expect authorities to send them within 56 days.
The ultimate time limit, in exceptional circumstances, is 6
months [footnote 33] from the ‘relevant date’. There should be a
very good reason for waiting that long to serve an NtO. The
regulations set out the information that the NtO must [footnote
34] give.
--- End Quote ---
#Post#: 12468--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: taffer87
Date: December 15, 2023, 5:33 am
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Thanks looks like they have now issued the Notice to Owner to
the lease company online - will let them know so they can
transfer liability to me .. expect I will get something in the
new year now.
#Post#: 13219--------------------------------------------------
Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
DIR By: taffer87
Date: January 2, 2024, 11:44 am
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VWFS has received the NTO and submitted the standard letter they
use to request a transfer of liability.
This is the NTO VWFS have received for reference in case anyone
picks up issues with this - waiting for NTO in my name in the
meantime. Any help appreciated on points to raise when I get the
NTO in my name in addition to the previous informal rep I made
HTML https://i.ibb.co/rKBHKpd/NTO-to-VWFS-Lambeth-p1.png
HTML https://ibb.co/20zd0MZ
HTML https://i.ibb.co/YWYXhfr/NTO-to-VWFS-Lambeth-p2.png
HTML https://ibb.co/PY3Mg1S
HTML https://i.ibb.co/t8qBVy5/NTO-to-VWFS-Lambeth-p3.png
HTML https://ibb.co/r4xkDnJ
HTML https://i.ibb.co/XDWJmGt/NTO-to-VWFS-Lambeth-p4.png
HTML https://ibb.co/cwyTzsQ
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