Dear Barking and Dagenham
I require you to consider my informal challenge as my formal representations against the Enforcement Notice which was:
Dear Sirs
Ref: PCN no. BZ80352064 VRM GV62 KBZ
I make this initial submission against the PCN as follows:
1. The PCN does not state the exact locus of the alleged contravention.
2. The video evidence shows no relevant warning signage allegedly passed by the vehicle concerned.
3. Unless you can provide me with strict proof that the camera has the correct VCA certificate to satisfy the criterion of admissibility of evidence at the Tribunal as provided at para. 7(2) of Schedule I of the London Local Authorities Act 1996(as amended), there was no breach.
Therefore, in view of the above, please cancel the PCN as you have not proved the alleged contravention.
In addition to the above, I make these further representations:
4. The Enforcement Notice conflates service with delivery. Service and delivery are two different concepts. Further, the law is silent with regard to delivery.
5. The Enforcement Notice wrongly limits the number of grounds on which to make representations as stated at para. 2(1) as provided at Schedule 1 to the London Local Authorities Act 1996 (as amended).
6. The Enforcement Notice very clearly limits the available ground provided at para. 2(4)(c) to theft whereas it does not take into account the possibility of a friend or relative using the vehicle and that person may well not be reported to the Police.
In light of the above, please cancel the PCN and EN forthwith.
Yours
Reg. keeper
*******
Let's see what their response is. As I said, I am more than happy to go the full distance and pay the £65 if I lose.
