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John LLB
John LLB, Solicitor
Category: Traffic Law
Satisfied Customers: 863
Experience:  8 years legal experience
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I received a letter from my local authorities (London

Customer Question

I received a letter from my local authorities (London borough of Havering) on sat 23/11/2019 stating that a PCN was sent to me on the 16/10/2019 with a fine of £130:00 and because I haven’t paid this amount a surcharge of 50% has now been added - totalling £195:00Regards ***** ***** Richardson
JA: What state was the citation in? And have you consulted a local attorney?
Customer: I tried talking to the authorities concerned with no avail, so I emailed them explaining that I had not received anything in the post prior to this letter "......This is a copy of my email that I sent yesterday..........
JA: Do you need to appear in court?
Customer: I received a letter on Sat 23/11/2019 stating that I had been issued with a Penalty Charge Notice on 16/10/2019. At no time did I ever receive ANY notice or communication regarding this charge. I realise and admit that I did commit this act (Code 50r) And because of this if I had received a penalty charge notice in my post I would NOT have ignored it, I am a 74yr old Lady that would have dealt with this immediately and would have been too afraid to have ignored it.
Can you please tell me was there a reduced amount if I had paid it within 14 days? As although I know I have to pay the penalty Charge Notice for making a right hand turn illegally - I think it is totally unfair that a surcharge of 50% has been added when this was completely out of my control!
I am requesting that the original PCN be sent to me with the same option to be able to get the reduction (to be paid within14 days) and for the surcharge of 50% to be removed?Regards ***** ***** Richardson
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes I received this reply from them today....... Dear Mrs Richardson,
My records show that the Penalty Charge Notice was sent on 16/10/2019, as this letter was not returned by Royal Mail as undelivered it is deemed as served. The original charge at that stage would have been £65.00.
I regret we cannot reduce the amount outstanding as the case has already progressed. The amount outstanding is £195.00.
Submitted: 6 months ago.
Category: Traffic Law
Expert:  John LLB replied 6 months ago.

Hello Mrs Richardson.

I appreciate your position here , but it does appear the council are unwilling to budge on their stance. You have the option to either pay it, and conclude the matters in full - whether you deem it fair or unfair, or, you do not pay it and have the matter proceed to court.

The risk of this will be the escalated charges as you potentially could end up paying more if the court deems you to still be liable. Of course the reverse is also true in that if you can prove that you received it late, then they may find in your favour and order you only pay the original charge.

However I cannot say what will or won’t happen, but those will be your only options and therefore it will be up to you on how to proceed if you are willing to take the risk.

I would only suggest going to court if you have evidence that it was indeed received later than the 14 days. If you do not, then they only have your word to rely on; as the council will surely have from their record that it was posted in time. And your word will not be strong enough evidence.

I’m sorry this may not be the answer you want but would be grateful if you could take a moment to provide a positive rating. Please do return to the site if you need any more advice. Kind regards, John.

Expert:  John LLB replied 6 months ago.

Hello please provide a rating so I may close the thread, thank you.