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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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To whom it may concern, I received a PCN on 22/04/2012 at

Customer Question

To whom it may concern,

I received a PCN on 22/04/2012 at 00:23. (Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. I appealed against the PCN. I went to court on October 2012 where I explained myself, and the Adjudicator said that : "The respondent filed a statutory declaration / witness statement on 27 October 2012. It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled. Important note to respondent : This order does NOT cancel the original Penalty Charge Notice. The Local Authority may well take further action on it. The Local Authority should inform you as soon as possible if it intends to do so." She precisely say within 28 days.

They wrote to me once again on 07/08/2012 telling me that no representations were made in response to the notice owner and that now I have to pay £195.00. I keep writing to them by recording delivery sending them my letter and the copy of the court hearing judgement telling them that because they did not reply within 28 days that my PCN was cancelled.

On March 2013 They wrote back to me again telling me that I have to pay £195.00 for the unpaid PCN because I never made representations to the Local Authority so I have no right to contest the PCN.

I wrote to them again by recording delivery sending them again the decision of the Adjudicator and my letter explaining that they did not reply within 28 days.

Yesterday I received another correspondence from my Local Authority telling me that I have to pay the same fine dated 22/04/2013 of £195.00.

I am desperate to stop this non sense. It more than a year that they are trying to take something which they know cannot do so because it is overdue.

What can I do ?

Yours faithfully,

Marie.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Have you had a second notice to owner?
Customer: replied 3 years ago.

FOR JOMO1972


 


I had several notice to owner

Expert:  Jo C. replied 3 years ago.
Ok.

So have you appealed the second one?

Are you of the view that just because the adjudicator has set aside the original the council cannot bring proceedings again?
Customer: replied 3 years ago.

Yes, I appealed against the first one and since then, the local authority did not stopped sending me notice to owner telling that I did not represent myself. I have the proof in my possession that I did represent myself but they still ignoring that fact.

Expert:  Jo C. replied 3 years ago.
Yes, so have you appealed the second one?

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