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#Post#: 100546--------------------------------------------------
London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 1, 2025, 10:27 am
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Hello, trying to fight a PCN on behalf of my wife. After some
research on this site, would I be correct in thinking that the
appeal case of Eleanor Macwhinnie against Authority London
Borough of Hounslow is relevant?
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test
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Google Link to location
HTML http://Google Link to location
#Post#: 100549--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 1, 2025, 10:34 am
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Was thinking of using suggestion by Hero Member posted on
another thread:
"I make these collateral challenges against the PCN in terms of
its invalidity:
1. Under If you do nothing the PCN wrongly states which action
triggers the period in which the council may serve a charge
certificate: “If the Penalty Charge is not paid before the end
of the period of 28 days beginning with the date of service of
this notice an increased charge of £240.00 maybe payable. We may
then send you a Charge Certificate.” The law states at Schedule
1 5:
1)Where a penalty charge notice is served on any person and the
penalty charge to which it relates is not paid before the end of
the relevant period, the enforcing authority may serve on that
person a statement (in this paragraph referred to as a “charge
certificate”) to the effect that the penalty charge in question
is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice
is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above,
with the date on which the penalty charge notice is served;
2. The PCN also fails to include mandatory information as
provided at Para. 4 (8 ) (v) of
HTML https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
(v)that, if the penalty charge is not paid before the end of the
28 day period, an increased charge may be payable.
Clearly, this refers to Para. 4 (8 ) (iii):
(iii)that the penalty charge must be paid before the end of the
period of 28 days beginning with the date of the notice;
In light of the above, please cancel the PCN."
#Post#: 100575--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: Hippocrates
Date: December 1, 2025, 12:37 pm
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That's the one. I represented the lady in the case mentioned.
#Post#: 100580--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 1, 2025, 1:10 pm
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Wow, thanks for your reply Hippocrates!
#Post#: 100583--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 1, 2025, 1:27 pm
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So do I just copy and paste the text in the Hounslow PCN site
under 'Make a Representation' tab? Do I need to upload any
additional info?<br>
Thanks<br>
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#Post#: 100585--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: Hippocrates
Date: December 1, 2025, 1:30 pm
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I would just attach a pdf. and screenshot the page as no grounds
are available before you do so. The lack of grounds is an issue
for later.
#Post#: 100624--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 1, 2025, 7:02 pm
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Is that a pdf of the ETA Register of Appeals Case Details
reference 2250221909 that I should attach?
Not sure what to screenshot, maybe the Hounslow PCN site under
'Make a Representation' tab when I've entered all the required
information before submitting?
#Post#: 100637--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: Hippocrates
Date: December 2, 2025, 4:27 am
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--- Quote from: turbo link ---
>
> Is that a pdf of the ETA Register of Appeals Case Details
reference 2250221909 that I should attach?
>
> Not sure what to screenshot, maybe the Hounslow PCN site under
'Make a Representation' tab when I've entered all the required
information before submitting?
>
--- End Quote ---
pdf of the representations only. I wouldn't mention the case.
In the box: contravention did not occur as the pcn is invalid.
please see attached file.
#Post#: 100652--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 2, 2025, 5:28 am
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Thanks for your help Hippocrates
#Post#: 100660--------------------------------------------------
Re: London Borough of Hounslow 52JM Fisher's Lane j/w Chiswick
Common Rd
DIR By: turbo
Date: December 2, 2025, 6:53 am
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Am wondering if the The "Date of Notice" vs. "Date of Service"
Flaw could be used:
The PCN states: "If we receive payment before the end of 14 days
beginning with the date of the notice, the amount of the Penalty
Charge will be reduced to £80.00." (The date of notice is
27/11/2025).
Legally, a postal PCN is deemed served on the second working day
after the date of the notice. The discounted payment period is
generally considered to run from the date of service.
The Flaw: If the PCN fails to correctly state that the statutory
period runs from the date of service, or if it implies a false
deadline based on the date of notice, it can be argued that it
is not compliant with the regulations and therefore invalid.
Google suggests case law on this point has become very strict,
and many adjudicators now accept the wording on this PCN as
compliant, as long as it correctly states the days (14 and 28
days).
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