EDRH1114090399

Hello everyone Everything Tilt said is correct, you must follow the process. Don't the ignore the PCN. Some advice for Sally Eva and AylwardS. If you're going to advise please give all the facts. Read the following on bailiff's (https://www.gov.uk/your-rights-bailiffs): You might be arrested if you do not pay criminal debts, such as fines or penalty notices. Dealing with bailiffs You usually do not have to open your door to a bailiff or let them in. Bailiffs cannot enter your home: by force, for example by pushing past you if only children under 16 or vulnerable people (with disabilities, for example) are present between 9pm and 6am through anything except the door Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort. If you do not let a bailiff in or agree to pay them: they could take things from outside your home, for example your car you could end up owing even more money If you do let a bailiff in but do not pay them they may take some of your belongings. They could sell the items to pay debts and cover their fees. You may be able to get extra time to make a payment or get debt advice if you?re a vulnerable person (for example, you have mental health problems or are seriously ill). Now everyone you can make an informed decision about what to do about a PCN.

Hi Everyone, It's difficult to know which message to respond to so chose this as it asked about anyone successfully appealing these PCNs. We had been sent 4 in fairly quick succession - we won't go into details as it's very similar to everyone else's reports. The important thing is to say that we appealed all 4 to Southwark and received 4 virtually identical letters rejecting the appeals (even though the alleged contraventions had occurred at different locations). We then appealed to the London Tribunals (formerly called the Parking Adjudicator) and here is the link: https://www.londontribunals.gov.uk/about/online-appeals. The phone call appeal was yesterday, and the Council did not bother to have somebody join the call, and had not sent most of the paperwork to the Adjudicator. The Adjudicator contacted us this morning to say firstly that the Council were not contesting 3 of the 4 appeals - although they had sent us letters stating that they had rejected all 4 appeals. The one live appeal was upheld by the adjudicator. Please, if you have received a PCN don't be put off by people saying the fines will go up and up and that you will be taken to court, bailiffs sent round and your property confiscated to pay the costs. This only happens in very extreme cases where thousands of pounds are owed. Our experience has highlighted how disorganized and chaotic the Council parking department is. They obviously do not read appeals properly and automatically send out rejection letters - which people may well pay. If they haven't taken it to the adjudicator they would never find out that they didn't have to pay the PCN. Indeed in the 4 rejection letters, the Council said that they were still prepared to accept ?65 per PCN (despite having said they would increase it to ?130 if we didn't pay within 14 days) and they also stated that if we went to the adjudicator it would increase to ?130. Their tactics are obviously to scare people into paying them. Finally, we have previously gone to the adjudicator a number of times with other councils and they have always upheld our appeals so please don't be put off going this route. Obviously, this just our experience and there's no guarantees, but you won't know unless you try. Remember that the Adjudicator is truly impartial and independent of the councils so you will get a fair decision.

We were also caught out by the camera at the end of Townley Road and also in Dulwich Village. This is obviously a money making scheme for Southwark Council, as the signage is inadequate, and residents were not informed about the road priority changes. Also the signs were put up while we were locked down. The consultations were restricted to 2000 people and 2 out of the 3 public meetings were at Alleyns and JAGs. Additionally, the council had at the beginning of the scheme been issuing warnings to first time offenders rather than a PCN (until 12th January 2021) and should have continued to do this, especially as we have been slowly coming out of lockdown over the last few weeks. Anyone who has received a PCN can argue that no warning letter was sent after the first alleged offence before a PCN was issued. Also that there was no prior information for residents, no genuine public consultation, poor signage and we were locked down when the signs were put up. This was our experience of appealing. We were sent 4 PCNs, two for Townley Road and two for Dulwich village. One of the Dulwich village PCNs was dated 50 days after the alleged contravention. The council is legally obliged to send out a PCN within 28 days of a contravention, therefore any PCN dated more than 28 days after the contravention is INVALID, and you do not have to pay the fine. Of the other two, we appealed for the reasons already mentioned earlier (after the 14 day discount period had ended). By law, all issuing authorities have a maximum of 56 days to respond to your appeal. In addition to this, if an authority has its own stated policy on its response time to an appeal, they are obliged to follow it. Southwark council is legally obliged to respond to email appeals within 21 days. They have still not responded after a month. This means that the PCNs are now invalid. It's good to know that the council are legally obliged to follow their own stated policies and that they are also obligated to respond within a given timeframe. If they fail to do this the PCN is invalidated. We have seen on various earlier threads that the council in the beginning did respond to appeals but it looks as though they are no longer doing so - this could be because they have already reached a financial target (having made 2.5 million pounds with just 3 cameras over a 3 month period - posted in a previous thread). We're posting this simply to say what our experience was and to point out that the council also has obligations. If you feel for whatever reason that a PCN has been issued unfairly then ALWAYS APPEAL. If the council do actually respond and reject your appeal within 21 days then you can take the appeal higher, to the London Tribunals, who are independent adjudicators, and will judge the case on its merits in an impartial way.

We were also caught out by the camera at the end of Townley Road and also in Dulwich Village. We agree with UIStED that this is obviously a money making scheme for Southwark Council, as the signage is inadequate, and that residents were not informed about the road priority changes. We were sent 3 PCNs, one for Townley Road and two for Dulwich village. One of the Dulwich village PCNs was dated 50 days after the alleged contravention. The council is legally obliged to send out a PCN within 28 days of a contravention, therefore any PCN dated more than 28 days after the contravention is INVALID, and you do not have to pay the fine. Of the other two, we appealed for the reasons already mentioned (after the 14 day discount period had ended). By law, all issuing authorities have a maximum of 56 days to respond to your appeal. In addition to this, if an authority has it's own stated policy on its response time to an appeal, the are obliged to follow it. Southwark council is legally obliged to respond to email appeals within 21 days. They have still not responded after a month. This means that the PCNs are now invalid. It's good to know that the council are legally obliged to follow their own stated policies and that they are also obligated to respond within a given timeframe. If they fail to do this the PCN is invalidated. We have seen on various earlier threads that the council in the beginning did respond to appeals but it looks as though they are no longer doing so - this could be because they have already reached a financial target (having made 2.5 million pounds with just 3 cameras over a 3 month period - posted in a previous thread). We're posting this simply to say what our experience was and to point out that the council also has obligations. If you feel for whatever reason that a PCN has been issued unfairly then ALWAYS APPEAL. If the council do actually respond and reject your appeal within 21 days then you can take the appeal higher, to the London Tribunals, who are independent adjudicators, and will judge the case on its merits in an impartial way.

We were also caught out by the camera at the end of Townley Road and also in Dulwich Village. We agree with UIStED that this is obviously a money making scheme for Southwark Council, as the signage is inadequate, and that residents were not informed about the road priority changes. We were sent 3 PCNs, one for Townley Road and two for Dulwich village. One of the Dulwich village PCNs was dated 50 days after the alleged contravention. The council is legally obliged to send out a PCN within 28 days of a contravention, therefore any PCN dated more than 28 days after the contravention is INVALID, and you do not have to pay the fine. Of the other two, we appealed for the reasons already mentioned (after the 14 day discount period had ended). By law, all issuing authorities have a maximum of 56 days to respond to your appeal. In addition to this, if an authority has it's own stated policy on its response time to an appeal, the are obliged to follow it. Southwark council is legally obliged to respond to email appeals within 21 days. They have still not responded after a month. This means that the PCNs are now invalid. It's good to know that the council are legally obliged to follow their own stated policies and that they are also obligated to respond within a given timeframe. If they fail to do this the PCN is invalidated. We have seen on various earlier threads that the council in the beginning did respond to appeals but it looks as though they are no longer doing so - this could be because they have already reached a financial target (having made 2.5 million pounds with just 3 cameras over a 3 month period - posted in a previous thread). We're posting this simply to say what our experience was and to point out that the council also has obligations. If you feel for whatever reason that a PCN has been issued unfairly then ALWAYS APPEAL. If the council do actually respond and reject your appeal within 21 days then you can take the appeal higher, to the London Tribunals, who are independent adjudicators, and will judge the case on its merits in an impartial way.

A general bit of information - is that the council have to send you the PCN notification letter within 28 days of the alleged offence. Check the date the letter was printed and sent out at the top of the letter. The date at the bottom of the letter is the date of the alleged contravention and must not be more than 28 days before the date the letter was printed and sent out. If it is more than 28 days the PCN is invalidated. If this has happened to you and you paid the fine, you should demand a refund from Southwark Council as they have technically broken the law and should not have sent the PCN. The Civil Enforcement of Parking Contraventions England Representations and Appeals Regulations 2007 (updated)(Part 6 of the Traffic Management Act 2004). Page 26, paragraph 14 Penalty charge notices - service by post (5)a.

Hi, today we?ve just received another PCN from the Southwark Council, alleging a driving contravention on Townley road. The PCN had a picture of our vehicle committing the alleged offence. On the day in question we did not use our car. We can only surmise that Southwark?s automated computer system has used a different ?picture? from the previous contravention (a traffic enforcement camera ?picture? is actually a video still). We strongly suggest anyone who has recently received a PCN, for any alleged driving contraventions involving any of the new cameras installed in East Dulwich in the last six Months, and if you have already paid a fine, then to complain, and to challenge the Council. You may have been fined more than once for the same alleged driving contravention.