Free Traffic Legal Advice

@Incandescent

The letter really shows their disgraceful ignorance. Both PCNs were issued under the London Local Authorities and Transport for London Act 2003, so have nothing to do with the Transport Management Act 2004. The only common features is (1) owner liability, (2) PCNs cn be served, and (3) there is an adjudication facility. They also refer to making a "Witness Statement" which is the submission for the TMA 2004. The LLA & TfL Act 2003 requires submission of a Statutory Declaration.
It really is disgraceful how ignorant they are.

I'm not clear if you submitted reps against this PCN or not. If you submitted a single representation with references to both PCNs, then you need to wait for the Order for Recovery and submit a Statutory Declaration that you submitted reps, but received no notice of rejection.  The form is PE3 and requires that it is witnessed by a solicitor or at your local county court.
 

Have you checked the audit trail for the 2nd PCN that you claim to have submitted reps against ?

For the first PCN, whether to take them to London Tribunals is your decision if they have re-offered the discount. If they haven't it is a total no-brainer to take them there as you have nothing more to lose. The problem with sign adequacy is it is subjective, so an adjudicator could agree with you or CoL, it depends on how persuasive your reps are. Your argument is essentially the situation requires two, not one sign, due to risk of obscuration.

Is there anyone willing to represent me as i am unable to do so? If not then I will pay while i have the chance to pay the reduced amount.


For the second PCN, where and how can i check the audit trail? I have gone on the portal and it doesn’t show the date i submitted the representations, it only shows CC sent and the date.

[img width=499.98846435546875 height=183.99305725097656]https://cdn.imgpile.com/f/5hL59TI.png[/img]

If it doesn't show an entry for your reps and their response, then they didn't receive your reps. How did you send them ? You need to wait for the Order for Recovery, then submit a Statutory Declaration that you submitted reps but did not receive a rejection. It's Form PE3 on the TEC website.

Some people to represent appellants, but it is a very time consuming thing to do. I know Hippocrates does some but I know he is a bit overwhelmed at the moment. I think it is best to pay this one at the discount.

Ok so i have paid for the first PCN unfortunately.

For the second one i sent the comments via the online portal, which i received a confirmation email. Will my appeal be accepted even after i have received a Charge certificate? I did send an appeal for the first PCN (which i received a rejection) on the portal but it only applied for that specific PCN and not both.

After i received a CC i added comments to say that i sent an appeal for both PCNs (see previous confirmation email)

How long should i wait for the order of recovery, I do not want this to be delayed.

Their log of your PCN shows nothing about representations submitted or responded, so you can get the matter reset to the PCN stage by submitting a Statutory Declaration that you submitted reps but got no rejection, when they register the debt at TEC. They can do this only after the payment period on the CC has expired. It is a routine matter and hundreds if not thousands of these are submitted every year.  An in-time submission is accepted automatically, and no reasons are needed, just the relevant box ticked, and, of course the SD can only be signed and dated in the presence of a witness.
So once the CC payment period expires, you should contact TEC about every 7-10 days enquiring whether the PCN has been registered, as it is a very important final statutory enforcement document.
ALternatively you could look on the CoL website record for your PCN, and when the amount goes up by £10, (the TEC registration fee), you don't have to wait for the OfR, you can download Form PE3 from the TEC website.

Please can i have some advice on this.

Neither applies, I remember this case being so confusing.

Either 1 of 2 things happened:

I submitted representations for the second PCN and they didn’t acknowledge it

Or

I only submitted representations for the first PCN which they acknowledged.


My thinking is that Since this was a grouped PCN, I must have submitted reps for 1 of PCNs thinking they would apply to both, but not individually, hence why i received a charge certificate for PCN 2.

Unfortunately the acknowledgment email doesn’t reference both PCNs.

When you say game over, does that mean i have to pay? the full amount shown on the letter, this is such a high amount, i don’t have this kind of money

Firstly thanks for all your help.

This is the reps which doesn’t mention second PCN:

Dear City of London, The contravention did not occur, as the signage as a whole is inadequate under Regulation 18. The evidence shows that only a single sign is positioned on the left-hand side on Old Broad Street. The Department for Transport guidance recommends that restrictions of this nature be signed on both sides of the carriageway to ensure visibility. Kind Regards

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Lastly where would the best place to contact CoL? The council, PCN department or?