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Hi,

wanted to know if there is any grounds of appeal for this PCN?






https://ibb.co/dDxVTQh
https://ibb.co/4pppfN1

These are also followed by video evidence of the PCN.

I don't see any signs.

That sign is not a 'turn left' sign, i.e. item 1 not item 2 in the Part 2 sign table:

https://www.legislation.gov.uk/uksi/2016/362/schedule/3/made

Compulsory turn left (item 2) signs can be found durther along Savile Row.

Whether an adjudicator would attach much weight to this distinction, I don't know.

This BMW seems to have more than its fair share of motoring misfortune judging by current threads.

It does unfortunately.

The sign I believe they're referring too is the turn left signal on the road..

Quote

wanted to know if there is any grounds of appeal for this PCN?

The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.

Dear Sirs

Ref: PCN          VRM

I make this collateral challenge against the PCN as it departs very substantially from the statutory scheme because it not only incorrectly states the 14 days and 28 days periods in which to pay, but also it expresses the latter period in two conflicting ways.

Therefore, please cancel the PCN forthwith.

The legislation, of which I am sure you are aware, is here:



8(a)(iii)

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Similarly, the 14 days period is also incorrect.

iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

I believe it would be eminently sensible to resolve this matter now without the need for independent adjudication.

Yours faithfully

Name

Address

Quote from: Incandescent on January 24, 2024, 06:09:16 pm

Quote

wanted to know if there is any grounds of appeal for this PCN?

The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.

Dear Sirs

Ref: PCN          VRM

I make this collateral challenge against the PCN as it departs very substantially from the statutory scheme because it not only incorrectly states the 14 days and 28 days periods in which to pay, but also it expresses the latter period in two conflicting ways.

Therefore, please cancel the PCN forthwith.

The legislation, of which I am sure you are aware, is here:

London Local Authorities and Transport for London Act 2003

legislation.gov.uk

8(a)(iii)

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;

Similarly, the 14 days period is also incorrect.

iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;

I believe it would be eminently sensible to resolve this matter now without the need for independent adjudication.

Yours faithfully

Name

Address

Sent through just now - Appreciated !!!

@privates well the rejection is nonsense and also gives you further grounds to appeal on the basis of a failure to consider.

@Hippocrates do you have capacity? If not I can pick this one up.

@privates wait for Hippocrates to PM you, he'll sort this out for you.

I will e mail privates now.