Hi, I would be grateful for advice on a multiple-PCN situation with Haringey Council.
I have received **10 PCNs over a period of approximately 7 days**, arising from the exactly same underlying circumstances.
The chronology is:
* **16 July:** first alleged contravention occurred.
* **20 July:** first PCN was issued/dated.
* **24 July:** I actually received the first PCN.
* By the time I received the first PCN, several further PCNs had already been issued/incurred with the last PCN being issued on 24 July dated 28 July and received by me on 30 July.
The offence:
52(M) Failing to comply with a prohibition on certain types of vehicle
Location: La Rose lane N15(Junction with cranleigh road - eastbound) (X2)
My house is only a few meteres away from this junction and I moved into this area only 3 months ago. Throughout the time since ive moved to this lane, this road has been open under temporary easing of the restrictions with signs saying so. By this I mean for atleast 2 months continously this road has been open to all types of vehicle to pass and I have been using it with no issues.
From 13 July onwards, I have been with my wife in the hospital as she was preparing to give birth. We checked out of the hospital on the 17 July. As some of you might understand this was a very stressful period for me and I've failed to noticed this change and some of you might understand why given the road was open as long as I have lived here and overnight the restriction was lifted. It might sound as lack of observation from me as a driver however given the circumstances I believe many others in my position would miss it as well. Nonetheless, I would've immediately corrected the behaviour had I received the first violation notice but unfortunately 10 other PCNs were issued before I got a chance.
I have already filed representations to the council explaining the circumstances and requested to exercise discretion. I was happy to pay the first offence but requested cancellations of others. As expected, the council has rejected all 10 appeals and have given template replies to a detailed explanation from my end.
The total amount is beyond what my financial circumstances allow me to pay even with the discounted rates deadline of which has passed by anyway. Im left with not much choice but to take this to the tribunal in hopes of getting these either cancelled or the council being advised to reconsider discretion.
I understand that each PCN is technically a separate enforcement matter, and I am not necessarily arguing that the individual contraventions did not occur.
Instead, I intend to argue that, even if the adjudicator finds that the contraventions occurred, the circumstances justify Haringey exercising **discretion in relation to the subsequent PCNs**, because I had no opportunity to correct the behaviour before receiving the first PCN and explain why it was easy to miss the change in restrictions given overall circumstances.
My questions are:
1. Has anyone dealt with a similar case where multiple PCNs were issued before the first PCN was received?
2. Are there any **recent London Tribunals adjudicator decisions** dealing with this specific issue?
3. Is there anything particular I should ask the adjudicator to consider in the decision to ensure that Haringey properly considers the circumstances of all the PCNs?
I have atttached a link below that shows the first PCN and the councils response to my representation for that PCN. There are 10 others with same response.
I appreciate any advice on this matter.
Thank you.