3. Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
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Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
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Hi all,

The driver was unaware they made the alleged contravention but it clearly shows they did. However, the date of the contravention was 7/04/2024 but the date of notice was 12/06/2024, which is 66 days apart. Is there a time limit for these types of PCN like parking on private land? PCN below:


https://imgur.com/a/g5mFcgh

Many thanks, as always!

Tim
« Last Edit: June 22, 2024, 01:44:10 pm by timmytimster »
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Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #1 on: »
The limit is 28 days: see
https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted

BUT

Are you the Registered Keeper as per the V5?
Is the PCN in your name?


If the vehicle has been leased, the Council may accept a representation from the leasing company that you are the hirer (but the process leading to re-issue must be done correctly).
See https://www.legislation.gov.uk/ukla/2003/3/schedule/1/paragraph/1/enacted

and re-issue to the hirer.
-----

You need to submit some sort of reps within the discount period in which case they will normally re-offer the discoun if/when they reject your reps, but yuou will have bought more time to thoroyghly explore your options.

Please also post up here a GSV link to the location and a copy of the video.
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Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #2 on: »
Hi John,

Here are the details you asked for:
 
Thanks
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Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #3 on: »
With that info the experts here should be able to give you some constructive advice.
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Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #4 on: »
Dear Hackney Council

Ref: PCN

Thank you for your PCN which must be cancelled as it was issued outside of the statutory time limit. Furthermore, it contains a whole passage which more properly belongs to parking legislation. In my view, this also invalidates the said PCN.

Yours faithfully

Name

Registered Keeper

Address
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Agree Agree x 1 View List
Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #5 on: »
@timmytimster send the draft that Hippocrates has written, do so via the council website and keep a screenshot of the confirmation page. If they reject post up the rejection and we'll sort them out for you.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #6 on: »
Hi Guys,

Thanks for your help so far, always appreciated!

So Hackney Council have rejected my appeal of the PCN for the reason they state in their reply, which is that they sent the original PCN to my old address. I've looked at my vehicle log book and it does have my old address on there so things might not be as clear cut as I first thought.

Anyhow, here is a link to the rejection letter: https://imgur.com/a/pl6uVf8

Cheers.
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Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #7 on: »
We've had this before, see Christopher Bates v London Borough of Hackney (2230502971, 6 January 2024).

I can run the same arguments if you'd like, it's hard to see how the outcome could be different.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #8 on: »
Hi All,

I've decided to pay this. There might be a chance I could fight it but I don't have the time right now and I think it's probably my error for not updating DVLA of my new address.

Thanks, as always, for all your help you give.

Cheers.

Tim
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Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #9 on: »
Well, the NOR is damned nonchalant in terms of the issue re wrong legislation and this would have achieved a favourable result in my view.
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
« Reply #10 on: »
@timmytimster frankly I think you've thrown your money away for nothing. It is a virtual certainty that this appeal could have been won and as I could have run the appeal for you, it wouldn't have taken any time either.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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