Free Traffic Legal Advice

Hello,

I think I've followed the guidance in the pinned post correctly so please let me know if I've missed anything.


Firstly, here is the PCN and Street View link:




https://maps.app.goo.gl/wusRVRUdqm8RTN747


The Schools Streets scheme started on 14 October 2024 and I live on an adjacent road. Only those who live on a School Street are allowed to have permits.

Simple story: I was home earlier than usual, it was a little darker too so felt later in the day, and I turned in by mistake. I very quickly realised my error and didn't go beyond the first house, then reversed out of the road. When a PCN didn't arrive, I assumed I hadn't triggered the camera but then a Charge Certificate did! Despite requesting the video footage days ago, it's still unavailable for me to view.

I waited for the Order of Recovery to arrive and have had the Statutory Declaration witnessed and will send it to TEC shortly.

I'd be grateful for any advice you have. I'm thinking that the best outcome may be it reverting to a reduced fine?

Thanks in advance.

Sorry for the confusion, I meant to upload the other letters too.






The address is an exact match and the car is not leased. I assume the original PCN just went missing in the post.

*- but we do know that the PCN was also served late if the car was not hired and would like to know how you have managed to post a PCN which went astray in the post.

+1

Hello all,

I've received a letter from TEC stating that they accept my witness statement and I have now received a new PCN from Ealing Council. I've also included the letter I received from Ealing Council in relation to this.

Does anyone see any issues with it or is this a straight forward case of paying at the reduced rate?

Despite several requests to view the footage, I haven't been able to. I've just submitted another request and will post the footage as soon as I can.

Any advice would be greatly appreciated. Many thanks.




ujhu

Penalty exceeded the amount applicable in the circumstances of the case.

The alleged contravention occurred on 9 December 2024. The council subsequently issued a Penalty Charge Notice on 9 January 2025 which was deemed served on Monday 13 January, an elapsed period for the purposes of the Act of 36 days.

The Act prohibits an authority serving a PCN any time after the period of 28 days -s6(1) of the London Local Authorities and Transport for London Act 2003 refers.

I was prevented from making representations to the authority on these grounds(which would have resulted in the cancellation of the PCN) by virtue of the PCN not being served. I submit that as the initial PCN was invalid, then the authority are similarly prevented from pursuing the penalty by issuing a further PCN as the strict time limit of 28 days is not disapplied simply because of their failure to serve the first PCN in time.

The PCN must be cancelled.


Is my reading.

Penalty exceeded the amount applicable in the circumstances of the case.

The alleged contravention occurred on 9 December 2024. The council subsequently issued a Penalty Charge Notice on 9 January 2025 which was deemed served on Monday 13 January, an elapsed period for the purposes of the Act of 36 days.

The Act prohibits an authority serving a PCN any time after the period of 28 days -s6(1) of the London Local Authorities and Transport for London Act 2003 refers.

I was prevented from making representations to the authority on these grounds(which would have resulted in the cancellation of the PCN) by virtue of the PCN not being served. I submit that as the initial PCN was invalid, then the authority are similarly prevented from pursuing the penalty by issuing a further PCN as the strict time limit of 28 days is not disapplied simply because of their failure to serve the first PCN in time.

The PCN must be cancelled.


Is my reading.

Thank you very much for your advice, I really appreciate it. Sorry but I just wanted to check a couple of details, which I know will seem obvious to you.

The Council actually issued the PCN on 8 January, but that's still 35 days, so well over the strict limit of 28 days. However, do they get extra time because of the public holidays? Your count of 35 days suggests not but I just wanted to double check.

Do you mind if I quote verbatim your words in my representation letter? Also, is it worth including the fact that despite several requests, I still haven't received the footage? I'm thinking it's a moot point because of the above grounds.

Thanks H C Andersen, that's very clear and I understand what you're saying.

I will makes reps as you've outlined and report back when I hear from the council.