Author Topic: Hillingdon council 31J - Entering stopping box junction PCN HN71513688  (Read 311 times)

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cp8759

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #15 on: March 13, 2025, 01:32:25 am »
@mairajbhaii let's start with something really basic, what is your connection to Innovation Edge Consultancy?

In any event I strongly recommend you don't send any representation to the council before putting a draft on here.
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 nor 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.

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

mairajbhaii

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #16 on: March 13, 2025, 02:19:17 am »
Hi,

So i have an authority letter from the Director of the company, as assigned driver for use of car for social and domestic use.

Its not any lease its just a mutual family consent from both sides.

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cp8759

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #17 on: March 13, 2025, 10:54:46 am »
Please post up the remaining pages of the PCN.
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 nor 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.

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

mairajbhaii

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #18 on: March 16, 2025, 10:19:49 pm »
Please post up the remaining pages of the PCN.

@cp8759, find attached all pages
« Last Edit: March 16, 2025, 10:57:15 pm by mairajbhaii »
M3iJi

cp8759

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #19 on: March 16, 2025, 10:46:16 pm »
Its only this 1 page
Are you saying the back of that is blank?
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 nor 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.

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

mairajbhaii

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #20 on: March 17, 2025, 08:47:08 pm »
@cp8759, what do i do next, as stil waiting for the vidoe but no response so far.
M3iJi

cp8759

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #21 on: March 17, 2025, 10:06:06 pm »
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.
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 nor 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.

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

mairajbhaii

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #22 on: March 18, 2025, 04:18:06 am »
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.

@cp8759

Submitting this as below:

The PCN served does not show video evidence on the council's website, and the alleged contravention did not occur.

Also the PCN wrongly states which action triggers the period in which the council
may serve a charge certificate: “If the Penalty Charge is not paid before the end
of the period of 28 days beginning with the date of service of this notice an
increased charge of £195.00 maybe payable. We may then send you a Charge
Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge
to which it relates is not paid before the end of the relevant period, the
enforcing authority may serve on that person a statement (in this paragraph
referred to as a “charge certificate”) to the effect that the penalty charge in
question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28
days beginning—
« Last Edit: March 18, 2025, 04:20:21 am by mairajbhaii »
M3iJi

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #23 on: March 18, 2025, 10:11:26 am »
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.

@cp8759

Submitting this as below:

The PCN served does not show video evidence on the council's website, and the alleged contravention did not occur.

Also the PCN wrongly states which action triggers the period in which the council
may serve a charge certificate: “If the Penalty Charge is not paid before the end
of the period of 28 days beginning with the date of service of this notice an
increased charge of £195.00 maybe payable. We may then send you a Charge
Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge
to which it relates is not paid before the end of the relevant period, the
enforcing authority may serve on that person a statement (in this paragraph
referred to as a “charge certificate”) to the effect that the penalty charge in
question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28
days beginning—

(a)where no representations are made under paragraph 1 above, with the date
on which the penalty charge notice is served;
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".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899
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mairajbhaii

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #24 on: March 18, 2025, 10:35:28 pm »
In the circumstances all you can really do is submit a representation stating that the alleged contravention did not occur. Send it online and take a times / dated screenshot of the confirmation page.

@cp8759

Submitting this as below:

The PCN served does not show video evidence on the council's website, and the alleged contravention did not occur.

Also the PCN wrongly states which action triggers the period in which the council
may serve a charge certificate: “If the Penalty Charge is not paid before the end
of the period of 28 days beginning with the date of service of this notice an
increased charge of £195.00 maybe payable. We may then send you a Charge
Certificate.” The law states at Schedule 1 5:

1)Where a penalty charge notice is served on any person and the penalty charge
to which it relates is not paid before the end of the relevant period, the
enforcing authority may serve on that person a statement (in this paragraph
referred to as a “charge certificate”) to the effect that the penalty charge in
question is increased by 50 per cent.

(2)The relevant period, in relation to a penalty charge notice is the period of 28
days beginning—

(a)where no representations are made under paragraph 1 above, with the date
on which the penalty charge notice is served;


FYI - fingers crossed  :'(
M3iJi

cp8759

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #25 on: March 18, 2025, 10:47:31 pm »
To set your expectations, the council will almost certainly refuse and you will then need to appeal to London Tribunals, it's only at the tribunal that you get a fair hearing.
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 nor 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.

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

H C Andersen

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Re: Hillingdon council 31J - Entering stopping box junction PCN HN71513688
« Reply #26 on: March 19, 2025, 10:16:40 am »
OP, as I understand it:

You are not the registered keeper.

You have 'an authority letter from the Director of the company[to which the PCN was addressed], as assigned driver for use of car for social and domestic use.'

So, can we get back to procedure pl to prevent this from potentially unraveling.

You cannot submit a SAR in your name because you are a stranger in these matters and therefore not the 'subject'.

You could not submit reps in your name because the PCN is not addressed to you.

So, may we see the letter from the Director pl.

Was this enclosed with the SAR and PCN?

If not, to whom and when was it sent.