PCNs are funny old things

[seggsy]

I was just looking at the PCN Bexley Council sent to me and it seems to me that the CEO can issue one for anything the CEO believes is a penalty.

For example it states on the one sent to me, "The CEO believes that a penalty charge is payable as the vehicle was:
23 Parked in a place or area not designated for that class of vehicle".

Notice their is no reference to the Traffice Management Act or Regulation of Road Traffice Act or any other regulation or bylaw. Just that the CEO believes that a penalty charge is payable as the vehicle was: ....... 

It could have said
 "23 The CEO believes that a penalty charge is payable as the vehicle was: Painted in a bright colour and had a tow bar".

I mean, who am I to know if that is or is not a contravention of a traffice regulation.

If they stipulated what act, bylaw or regulation I had allegedly contravened I could look it up and make an informed decision as to whether I had indeed contravened anything. But just to try and fine me because somebody, who has been given a few hours of training and then shoved into an ill fitting uniform, believes I have done something wrong I think is a bit rich.......

[seggsy]

    

And another thing.

Why is it that I am given 14 days to pay £55 or 28 days to pay £110, but I cannot make a formal appeal until I receive the Notice to Owner which they don't send until the 28 days are up. I therefore automatically receive a £110 fine if my appeal is unsuccessful even though I want to formally appeal within the 14 days, but cannot because I haven't received their NtO.

I just ain't right....

    

And isn't it a bit rich that the Enforcement Authority is also the judge and jury when you initially send in your representations. I mean, would you disagree with the person you employ to raise revenue from motorists.......

Rant over.......     

[Pat Pending]

Rant justified Seggsy.

[The Bald Eagle]

A righteous rant Seggsy. How about they adopt a regime where you can pay the reduced fine but reserve your right to bring a dispute?

That way, if they bring indisputuable evidence that you are guilty you can agree to the reduced fine at any time during the dispute resolution procedure.

Or would that be too fair?

[DastardlyDick]

I was just looking at the PCN Bexley Council sent to me and it seems to me that the CEO can issue one for anything the CEO believes is a penalty.

I think there's only a few choices available on their PDAs - assuming Bexley use them of course.
For example it states on the one sent to me, "The CEO believes that a penalty charge is payable as the vehicle was:
23 Parked in a place or area not designated for that class of vehicle".
 
Again, not sure if this happens in Bexley, but TfL PCNs have all the codes explained on the insert in the plasic thing that's put on your vehicle.

[The Bald Eagle]

Again, not sure if this happens in Bexley, but TfL PCNs have all the codes explained on the insert in the plasic thing that's put on your vehicle.

 
One for Pep perhaps?

[Nigel W]

Most EA's still give you the chance to pay half board when they reject your informal representations.

[Bonkers]

Most EA's still give you the chance to pay half board when they reject your informal representations.

Not Bexley.

[seggsy]

Bexley do allow you to pay half if you just roll over after they have rejected your representations, and no doubt they reject all as a matter of course, in the hope that you will just pay up......

I want to be able to, if my appeal fails, still only pay half, as I want to formally appeal within 14 days of them rejecting my informal representations.

The catch is you have to pay up within 14 days, but you can only begin the formal appeal after 28 days. That doesn't strike me as justice.....

[Kill Switch]

They will just say that they don't HAVE to give you the opportunity to only pay half, they do it out of the kindness of their hearts

[Esinem]

I'm thought you could start an appeal as soon as you like? I certainly have in the past. Not that I've had a PCN in yonks and never a Bexley one.


  Maybe we should suggest to councils they put NoToMob on their PCN exemption lists on the grounds that any PCNs would just bring on a whole world of pain and a probable Nigelling?

[Ewan Hoosami]

I'm thought you could start an appeal as soon as you like? I certainly have in the past. Not that I've had a PCN in yonks and never a Bexley one.


  Maybe we should suggest to councils they put NoToMob on their PCN exemption lists on the grounds that any PCNs would just bring on a whole world of pain and a probable Nigelling?

That's correct, you can submit an informal appeal the day of PCN issue if you like. The guidelines suggest you can submit more than one informal appeal as long as they are different grounds. That's how it should work. In the real world, your representations will be rejected regardless of the grounds so you shouldn't waste too much time putting a strong case together in the early stage. They often won't even be read by anyone, so something short, like; "The PCN is wrong" will suffice. All representations are rejected anyway so the time consuming case building could be saved for the final adjudication. B'stards!

[seggsy]

According to the paperwork I received from Bexley Council you cannot make formal representations until you receive the Notice to Owner (NtO) and I quote from my Notice of Rejection.

"Please note - further communication received prior to the issue of the NtO may not be responded to and you now have the following two options only:

If payment of £55.00 is made not later than the last day of the period beginning with 14 days from the date of service of this Notice, (the date it was delivered), it will be accepted in settlement and result in closure of the penalty charge. Methods of payment are detailed overleaf

If payment of £110.00 is not made before the last day of the period beginning with 28 days from the date of service of the Notice, the London Borough of Bexley may issue an NtO on the person considered to the keeper/owner of the vehicle. On receipt of an NtO, the registered keeper/owner may make formal representations against the issue of the PCN within 28 days of the date of service of the NtO. Details of how to make a formal representation and the statutory grounds contained within the regulations may be found on the NtO"

The parts in bold are theirs not mine.

So you can see. I can only make a formal representation after I receive the NtO and they don't send that until the 28 days to pay have expired.

Surely I have 3 options, the 2 stated above, and a third, to wait until I receive the NtO and then make formal representations to have the PCN set aside. I believe it is a lie to tell the recipient that they only have 2 options. They are trying to railroad me into paying when I believe I did not park my vehicle in an area not designated for my class of vehicle.

I have sent a FoI for the make and model of the camera used to gather the photographic evidence as I want to see if it is possible for the operator to change the date and time.

So I should receive that answer before my 28 days are up......   

[The Bald Eagle]

How you doing with this seggsy? Looks like this could be shaping up to be something juicy.

[seggsy]

I am currently waiting for my NtO so I can then present formal representations. Then the fun starts.  :dancing: :dancing: