Author Topic: Havering, code 47J stopped on bus stop, Station Rd / Balgores Rd RM2 (notice served late?)  (Read 2308 times)

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First one is ok. Right legislation.
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
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As expected, Havering rejected my representation:

 - https://i.ibb.co/XZThhHSq/rejection1.jpg
 - https://i.ibb.co/TxWgDfMn/rejection2.jpg

They didn't even bother to pretend that it's anything other than an unscrupulous money grab. They blatantly ignored all my grounds, just vaguely mentioned something about the highway code, and ignored any legislation. They didn't bother addressing the late service, the non-existent location (which they even mentioned twice more in the rejection letter), or providing any evidence of the required signage. I'd be livid if I didn't already expect this.

On top of that, the rejection was (deemed) served on 7 Oct 2025 (although actually received on the 8th), so almost two and a half months (75 days) after the representations. I'm not sure I understand the legislation correctly, but I was under the impression that they have 56 days to reject the representations. Did I misunderstand this? (https://www.legislation.gov.uk/uksi/2022/576/regulation/6)

Either way, I guess it's tribunals time, as they didn't even re-offer the discount. I have never had PCN taken this far, so I'd appreciate any advice on what to do next from the veterans of this forum.

Many thanks in advance!

The 56 days only applies to responses to formal reps against a PCN served under the Traffic Management Act 2004.

Thanks for the explanation @Incandescent, I get confused by all the different rules.

I'm about to submit my appeal to the London Tribunals; should I just copy/paste my original representation, or add anything else?

Thanks for the explanation @Incandescent, I get confused by all the different rules.

I'm about to submit my appeal to the London Tribunals; should I just copy/paste my original representation, or add anything else?
No, you need to update it to add paragraphs regarding the very late response to your reps, (75 days), point out that 56 days is the limit in the Traffic Management Act, and you consider that the earlier Act under which your PCN was served, although having no formal limit, they do have a common law duty to act fairly and you consider 75 days places you at a disadvantage in being able to remember the detail of the day in question.

In addition, point out that although they state they have considered your representations, none of the points made within it get any mention at all or any text refuting them.
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Thank you for the advice @Incandescent. I've incorporated your suggestions and submitted the appeal to the London Tribunals yesterday. Happy to post the whole appeal if that would be helpful.

I would be very grateful for any guidance on preparing for the hearing itself, as I have no experience with tribunal proceedings. What should I expect, and how should I present my case on the day? Would any of the seasoned members on this forum be willing to represent me at the hearing?

Many thanks again for everyone's help so far.

I am available to represent you.
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