3. Cycle Lane - PCN - BRENT
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ManxTom and 72 Guests are viewing this topic.

Re: Cycle Lane - PCN - BRENT
« Reply #15 on: »
I have 3 main questions please:

- Do I stand a chance with an adjudicator if my main ground is that the PCN's wording states (and also their reply to my representation) that I parked on a Cycle Track, where in fact this is a Cycle Lane. or will an adjudicator just dismiss that and say that what is obviously meant is a cycle lane and you should have known better given the signs.

- They have given me till tomorrow night before it goes up again. I assume I can do the tribunal online, right? as there is no way i can post it in 48 hours.

- the PCN was in my dad's name, but I was the driver. I think when I made the representation, I put his name on the form. So if this goes to tribunal, can I attend, even though my name doesn't appear on the PCN?

I have never been to a tribunal and I don't know how serious it will be. so I am partly think to just pay and get it over and done with.

Thanks in advance to all your help with this!!!
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Re: Cycle Lane - PCN - BRENT
« Reply #16 on: »
Stamfordman has identified what could be a winning argument at London Tribunals.

Thaousands of people have taken councils and also TfL to the London Tribunals over the years. There is nothing daunting about it, and almost all hearings are by phone or video (MS Teams, I think). No oath swearing, it is all fairly informal. Councils and TfL rarely attend. If you lose you pay the full PCN penalty, but there are no additional costs at all, and if you win, you pay nothing, but Brent will have had the PITA of preparing an evidence pack and also paying the LT adjudication fee.

So it's up to you, pay the discount, or stand your ground at LT, but my view is it is not a slam-dunk win. So for the strongest case presentation, follow Stamfordman's line of approach.
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Re: Cycle Lane - PCN - BRENT
« Reply #17 on: »
Thanks for that. Appreciated!!!

I think I will go ahead with it. And if I lose, I lose.
Where can I find that what Stamfordman has prepared? is it a guide or article?

and also, since the PCN is in my dad's name, does he have to be present. I was the driver.



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Re: Cycle Lane - PCN - BRENT
« Reply #18 on: »
Your dad, as the registered keeper, retains legal responsibility for payment or appeal of the PCN but can nominate a person to act for him at the adjudication, (yourself), but if the case is lost he must pay the pcn, and you, (obviously) reimburse him.
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Re: Cycle Lane - PCN - BRENT
« Reply #19 on: »
Yes of course!

I presume, when I submit the form to LT, I just include a quick letter saying my son can deal with the tribunal on my behalf etc.

Also, any chance you can point me to Stamfordman's guide or post on a winning argument at Tribunals please.

TIA
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Re: Cycle Lane - PCN - BRENT
« Reply #20 on: »
I'll have a look at this again later today.
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