Free Traffic Legal Advice

Hi all,

Received a PCN in the post. Lambeth.

Similar situation I've seen others post on here. 14 days to pay reduced charge. Reduced charge period is different on the PCN than on website. (13 days later on the the website).

I've seen the same scenario posted but nothing indicating in the post if anybody actually won the appeal. Would be grateful if anyone knows a way out of this that works. Either with the appeal date or any other means. PCN says reduce charge is until the 6th (website is later). Probably need to know by the 6th if appeal is a long shot.

Thanks in advance. Image links below 

Link to all 5 images (last image is the website image): https://imgur.com/a/52462Pr






Individual image links below if link above doesn't work:

PCN (4 images):

https://drive.google.com/file/d/13v3tmFphLnOuDjD3i1CIdPXXHs6GiNHH/view?usp=drive_link

https://drive.google.com/file/d/14ep5nps73u97uaoLH7ffAMsje7exqeGt/view?usp=drive_link

https://drive.google.com/file/d/1SVwhHkrx7mf2XhGNEF5nxZerrntg7D1Q/view?usp=drive_link

https://drive.google.com/file/d/1qFljKcli18z8GGBbcHd95wMEyjvTw-Jr/view?usp=drive_link

Website (image):

https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link

Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday  19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?

Maybe that's where they've mixed up. Do you know if there is any room to appeal this? Whether it be these dates or something else? I don't have much of an idea when it comes to this.

Thanks

Okay. No rush re 14 days discount etc. I will draft later as just got back from Furnival Street. They have learnt nothing from this:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/motorbike-52m-pcn-lambeth/msg41795/#msg41795

I was his representative.

Thanks for sharing. Very informative. I have to be honest to say that sometimes these processes go over my head. I'm not even sure what an LTO is.

Will the appeal mean I will have to attend the London Tribunal in person? I assume I could successfully appeal by writing but please let me know if this is not the case. Having to attend in person could be an issue for me due to my schedule and other things.

Thank you

Our advice is never, ever, opt for a postal hearing on papers.

BUT, personal hearings may be face-to-face in person or by telephone, and LT are currently moving towards video hearings.

See the process here:
https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process
and
https://www.londontribunals.gov.uk/eat/appeals-process-explained

+1
The Traffic Penalty Tribunal for cases outside London already offer video hearings.

Quote from: Incandescent on February 05, 2025, 01:40:12 am

Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday  19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?

14 days expires from the date of the PCN. So the next day is the increase.

Draft:

I make this formal representation in terms of a collateral challenge.

Ground: The penalty charge discount amount date as published on your website does not coincide with the 14 day period on the PCN Letter.

I refer you to the screenshot* which incorrectly states the date when you are legally allowed to increase the penalty to £130.

*
https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link

Choose: contravention did not occur.

Thanks for this. 2 questions:

1. So this is likely to get rejected by Lambeth and then I take the appeal and rejection to London Tribunal online site?

2. Are phone appeals always possible? If I have to attend in person its very likely I will have turn down work that day (I'm a freelancer) which wouldn't be worth the saving. I also live out of London and that too is an expensive train ride. Going there in person results to a bigger financial loss for me.

@Mentimate If this goes to the Tribunal, one of us* will represent you and you can attend by phone too. I have a live case to be heard shortly on the said issue.

*Me, if you wish.  (Should be I, nominative case, but who cares these days?) 

@Mentimate If this goes to the Tribunal, one of us* will represent you and you can attend by phone too. I have a live case to be heard shortly on the said issue.

*Me, if you wish.  (Should be I, nominative case, but who cares these days?) 

How did the case go?

Quote from: Incandescent on February 05, 2025, 01:40:12 am

Periods for payment under the LLA & TfL Act 2003 are from date of PCN. So the discount period starts on the PCN date, of 23rd January, and is 14 days, so how they make it expiring on Wednesday  19th Feb is beyond me; surely that date is the end of the 28 days when payment of the £130 must be made or representations submitted ?

14 days expires from the date of the PCN. So the next day is the increase.

Draft:

I make this formal representation in terms of a collateral challenge.

Ground: The penalty charge discount amount date as published on your website does not coincide with the 14 day period on the PCN Letter.

I refer you to the screenshot* which incorrectly states the date when you are legally allowed to increase the penalty to £130.

*
https://drive.google.com/file/d/10PxX6dMsVD2RS69wzYP_A-JDRnC-0mFn/view?usp=drive_link

Choose: contravention did not occur.

Hi again,

After choosing contravention did not occur., I have to choose one of the following mandatory options. wich one shall I choose please?:

At the time I am supposed to have been in contravention, I was loading and unloading
The restriction that I am supposed to have ignored was not signed
At the time I am supposed to have been in contravention, the restriction did not apply
At the time I am supposed to have been in contravention, I was elsewhere
I was instructed by a police officer to do this

I'm not so sure I should be choosing any of those options. If not, the only other viable way seems to be to choose I wish to make representations about this PCN for other reasons, rather than The contravention did not occur, in the previous step.

What do you think?