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Going through 'No vehicle' signs during deliveries

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#1
Hi,

Appealing these on behalf of a friend who delivers food for a delivery food service.

He has received these tickets for entering streets where no motor vehicles are allowed.

These are streets uber delivery app has guided him through to complete the deliveries to the addresses.

Is there any grounds of appeal?


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Re: Going through 'No vehicle' signs during deliveries
Reply #1 on:
#2
First things first, is the vehicle leased or hired, or does your friend have the V5C?

If it is, we can look at the transfer of liability. If it isn't, at least one of those PCNs is out of time.
Last Edit: June 18, 2023, 01:40:23 am by cp8759
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Going through 'No vehicle' signs during deliveries
Reply #3 on:
#4
Long term lease, or short term hire? There's a big difference.

The TMO for CU63855570 is The Camden (Prescribed Routes) (No. 5) (Part 2) Traffic Order 2020, I'm not aware of any issues with it but someone else may spot something.

In the meantime I'll get hold of the other traffic orders.
Last Edit: June 20, 2023, 12:37:05 am by cp8759
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Going through 'No vehicle' signs during deliveries
Reply #4 on:
#5
Draft representation for Lambeth PCN LJ23956180:



Dear London Borough of Lambeth,

I challenge liability for PCN LJ23956180 on the grounds that the penalty exceeds the amount due in the circumstances of the case. This is because the penalty charge states that the penalty must be paid within 28 days from the date of service, and that the discounted rate is available for 14 days from the date of the notice.

Both the period are wrong, as under the applicable legislation they run from the date of the notice and not the date of service.

As the PCN is not compliant with the legislation, the only penalty that may be demanded is nil.

Yours faithfully,


I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Going through 'No vehicle' signs during deliveries
Reply #6 on:
#7
We need to see a copy of the hire agreement then, this could turn out to be an easy win. Just redact name / address / licence number.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Going through 'No vehicle' signs during deliveries
Reply #7 on:
#8
Here's The Camden (Queens Crescent) Traffic Order 2022.

So where's the hire agreement?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Going through 'No vehicle' signs during deliveries
Reply #9 on:
#10
Last Edit: June 20, 2023, 04:21:25 pm by cp8759
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Going through 'No vehicle' signs during deliveries
Reply #10 on:
#11
Here is The Lambeth (Prescribed Routes) (No. 7) Traffic Order 2022, which covers Sandmere Road.

@privates what's happened with all these PCNs? I think I've advised you before that you can't just sit back and wait, given the problems you've had with the post before the burden is on you to check the council website at regular intervals to see if there's any updates.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order