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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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We keep getting PCN notices from London Boroughs with half

Customer Question

We keep getting PCN notices from London Boroughs with half of the address missing, it just says UNIT 3, peterborough instead of our full address which isn't actually in Peterborough, one has now gone to the TEC at Northampton and we are doing a Stat Dec for it as advised by the court, the addresses are all correct on the log books, but not from the Councils, subsequently we are not receiving the PCN's half the time and just get Charge Certificates for some of them. It seems only when it is a Postman who knows us we get them. how do we stand as these are not addressed correctly to us?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Penalty Charge Notices from Hammersmith and Fulham, Croydon and Westminster Councils
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

is this in your name? your car?

Customer: replied 1 year ago.
We are a Rental and Sales company so the vehicles are in our Ltd company names.
Expert:  Jo C. replied 1 year ago.

did you not receive the fines?

Customer: replied 1 year ago.
No one notice of enforcement for one and 4 different charge certificates for others, but it keeps happening, we have just had another in today the same but this time the actual PCN has come.
Expert:  Jo C. replied 1 year ago.

Ok. Are you asking if you get these set aside?

Customer: replied 1 year ago.
I have just filled in a Stat Dec for the one that has got the Notice of Enforcement, but we are getting so many through I don't want to keep having to do a 14 mile trip every time to get it witnessed. The details held by DVLA are correct as are the log books it is just the Charge Certificates / PCNS/ and the Enforcement notice that have half the address missing and we are not getting them all that is the issue. Can we refuse them as they are incorrect and therefore not always served within the 28 day Notice period?
Expert:  Jo C. replied 1 year ago.

No. You can't refuse PNCs. Council PNCs have the force of the law behind them. It doesn't really matter whether they are addressed properly or not.

Even if they are outside of the 28 days that is just a point of challenge to the Adjudicator not a ground to ignore it completely.

If you do ignore it they will get a charge certificate.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
We are not ignoring them, half the time because they are addressed incorrectly we do not get them, as with the one that went to Enforcement status, it seems to be only the London Boroughs who are doing it, TFL, Police forces and Councils outside of London seem to be ok.
Expert:  Jo C. replied 1 year ago.

Yes, but that is still an enforceable fine if they have a charging certificate.

It needs to be dealt with.