Free Traffic Legal Advice

Hello everyone,

I have received a PCN for driving through a road that's prohibited to motor vehicles. I have driven through this road a few times before but this is the first time I have received a notice. I believe there is a sign stating that if you are loading then its ok to go through there. Anyway, here is the PCN...





google street view

As this is the first time I have received this PCN, I'm not sure if the description below the prohibited sign has changed recently. Unfortunately, the evidence the council has shown does not clearly show my vehicle going through any prohibited sign. Here is one picture from the website...



And here is what I believe is the sign which clearly shows I'm allowed to go through if I'm loading but it's 2 years old...
close up view

So what should I do? Should I send in a appeal stating that I'm allowed to load as there is a notice below the no motor vehicle prohibition sign, or should I say there no clear evidence of any motor vehicle prohibition? Maybe I should mention both?

I believe there is a sign stating that if you are loading then its ok to go through there.

Yes, the sign allows people loading/unloading within the restricted area to enter, but you have to submit reps that you were engaged in loading, giving the address, and hopefully some collateral to show you had to pass the sign in order to carry out the loading.
If you were not loading in the restricted area, just passing through to load soemwhere else, then I don't think you have any case for cancellation of the PCN.
So please tell us more.

But I will have to get additional information from my employers just to make sure.

Good.

And to be sire from our perspective:

You are the registered keeper of the vehicle and the PCN is addressed to you?

The delivery/collection was being undertaken in the course of your employer's business and therefore the proof would include headed works order/instruction and delivery/collection documentation? 

I get quite disgusted by this CCTV enforcement where there is a clear exemption, because to get it, one has to through all the rigamarole of submitting reps against a PCN. No doubt traders just add the penalties onto their prices to save the hassle of submitting reps, and then getting refused due to "lack of proof".

The PCN is invalid as they state they can issue a charge certificate 28 days from the date of the notice.  Back later. The rest of the PCN please.

I make this collateral challenge re the validity of the PCN. The period in which you may serve a charge certificate is wrongly expressed as it is truncated. Please see Schedule I of the 2003 Act which clearly states from the date of service as provided at para. 5(2)

https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted

In light of the above, please cancel.

That's all they sent me. Just the two pages which shows the front and back of the PCN

I haven't written anything yet as not had the time but I will get on to it from tomorrow evening. I will post on here for others to see

There are issues outstanding:

Is the PCN addressed to you by name?
You referred to your 'employer', please explain what form the proof of delivery would take.

I raise these points because we (too often) see accounts which start with 'I have received' only to find that vans are company-owned, that PCNs are addressed to the company, that 'someone in the office' has simply passed it on with an instruction to get it sorted and that an employee(or sometimes contractor) will make reps only to find that they're disregarded because only the person to whom the PCN is addressed may make reps.

Let's just get the fundamentals clear pl.



If the PCN isnot addressed to

Ah I see. The PCN is addressed to me as its my van. The company I work for is a self employed role. I have appealed in the past using the notes that my company send to me but I think its the first time I will be appealing about an offence where I have to prove that I was allowed to access a particular road.

Anyway, here is the appeal that I have written...

----------------------------------

I am writing to challenge the Penalty Charge Notice: WA92081137

I am a delivery driver for a company called Gophr and I deliver regularly within the City. These range from street-based retail outlets to corporate clients with penthouse offices and security arrangements. On the day in question, I had a delivery to collect at the Jack and Beyond shop on Battersea High Street, which were to be delivered to two locations in the Central London area.

Although the road is restricted to motor vehicles, there is a clear sign showing that there is an exemption for vehicles for loading to be able to access that road.

I have attached documents showing details of the delivery including the recipient name, the address and the time of the completed delivery. I have also attached a document from my company providing additional information about my delivery.

Hopefully with that in mind and with the documents attached, you will see that its necessary to cancel the ticket.

https://ibb.co/LDFxFvnH
https://ibb.co/RkNqcBMP



I have deleted out the customer names, address and phones numbers from the delivery sheets

The PCN vailidity?

Are you saying the PCN is invalid? I can use that in my appeal as well? It does seem confusing in that it says I should pay the £130 charge but it will be reduced if paid within 14 days, suggesting they will refund me back by 50%