3. 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #15 on: »
Please use my post above re the PCN and make it your first point.

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.


***
A case won: https://drive.google.com/file/d/1eBqcDMk8dp08Xgxs1BP9IzxXz8n5Jv6s/view
« Last Edit: April 27, 2025, 09:10:19 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #16 on: »
Ok then this will be my appeal...


I am writing to challenge the Penalty Charge Notice: WA92081137

I wish to make this appeal on two points. Firstly, 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 paragraph 5(2).

Secondly, 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. 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.

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, in light of the above information provided, you will see that its necessary to cancel the ticket.


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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #17 on: »
I disagree with this - where there's no contravention or as here the traffic order has an exemption to the contravention, that should be the primary ground for representations.
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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #18 on: »
Quote from: stamfordman on April 28, 2025, 09:37:57 am
I disagree with this - where there's no contravention or as here the traffic order has an exemption to the contravention, that should be the primary ground for representations.
+1
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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #19 on: »
Sorry that I知 a little late with this post, but I致e just begun dealing with a similar PCN relating to this location. Having checked the signs at the location I知 confident that the main pedestrian zone signs and the advance warning sign(s) do not comply with the TSRGD. I知 just waiting for a reply to a FOIA request and I値l be able to add more detail. This is on top of the other grounds already mentioned.
« Last Edit: May 29, 2025, 02:12:18 pm by John_S »
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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #20 on: »
PCN dated 4 April.
Latest date for submission of reps was 5 May.

So OP, have you submitted your reps and if so pl post a copy and tell us how and when these were submitted.

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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #21 on: »
Yes, I did received the letter back a few days ago and it was a success ;D  Thank you guys for all the help. I did decided on the delivery evidence as being my primary grounds for representations but also mentioned about the error of the PCN regarding the truncation.

Apologies for not responding earlier. Had an issue with my phone but its ok now. Very thankful for all the help :)

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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #22 on: »
Quote from: John_S on May 29, 2025, 02:08:47 pm
Sorry that I知 a little late with this post, but I致e just begun dealing with a similar PCN relating to this location. Having checked the signs at the location I知 confident that the main pedestrian zone signs and the advance warning sign(s) do not comply with the TSRGD. I知 just waiting for a reply to a FOIA request and I値l be able to add more detail. This is on top of the other grounds already mentioned.
I had to google what TSRGD is. It still bothers me that I received this PCN despite sings telling me I was allowed to use this road if I was delivering. Why not have the camera placed so it can show that I was loading there?

Just noticed that the appeal letter mentions that I could apply for an exemption the next time I use this road.

Anyway, I hope it goes well for you
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Re: 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11
« Reply #23 on: »
I got one the other day and will PM you.
Logged
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
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  3. 52m - Failing to comply with prohibition on certain types of vehicles - Battersea High Street SW11