Author Topic: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave  (Read 943 times)

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Mercdriver

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #30 on: November 07, 2023, 09:20:57 pm »
Another hole dug:  automatically receive the Enforcement Notice flies in the face of the law.

The law states "may" serve an EN.

4.3(e):  https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

I am happy to take care of this one if it goes to the Tribunal.

Is that all the letter?  I advise waiting for the Enforcement Notice and then a substantial representation can be made.

Thanks.  The reverse side of the letter has a phone number for payment and is signed off by "Parking Representations Officer".

Appreciate you volunteering to take it if it goes to tribunal.

Just waiting for the time to elapse...

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #31 on: November 07, 2023, 09:51:09 pm »
No worries!  It is good to help someone who does not roll over and pay! PM sent.
« Last Edit: November 07, 2023, 09:56:05 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"
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Mercdriver

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #32 on: December 20, 2023, 10:09:44 am »
Just realised that I haven't received an Enforcement Notice form yet... The rejection letter was dated 30th Oct so I would have expected something by now.
We did change the registration plate on the car in early November but that shouldn't have had any impact on this.
Should I chase it up or just leave it? I'm happy of it goes away, but equally I wouldn't want to run up a massive debt.
Cheers

John U.K.

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #33 on: December 20, 2023, 10:29:33 am »
Have you checked the online status/history of the PCN?

Mercdriver

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #34 on: December 20, 2023, 12:29:38 pm »
Have you checked the online status/history of the PCN?

Just says 130 outstanding.

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #35 on: December 20, 2023, 02:24:30 pm »
Just wait for the Enforcement Notice and don't worry please.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Mercdriver

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #36 on: December 20, 2023, 02:26:53 pm »
And as luck would have it - it arrived in the post today.
The initial letter rejecting my claim was dated 30th Oct, the Enforcement Letter is dated Dec 18th - should they have sent it sooner?

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Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #37 on: December 20, 2023, 02:49:31 pm »
This is fate.  So, can you please post it up and/or send it to me privately as you wish?  I will draft some response.
« Last Edit: December 20, 2023, 05:17:41 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #38 on: January 03, 2024, 01:15:57 pm »
Dear Sirs

Ref  PCN: HR93423974
      VRM: VU13DMY

I acknowledge receipt of the Enforcement Notice and make these formal representations as follows:

1. I require you to consider my original challenge as formal representations.
2. I further make the following collateral challenge in that the TWOC ground clearly limits to theft and therefore does not correctly express the statutory ground because a relative or friend may have taken the vehicle without consent, which does not necessitate an obligation to  report  such circumstance to the Police.
3. Referring to this



from your website, this also departs from the statutory scheme by the inclusion of grounds which do not pertain to the relevant legislation:
4. The following document



contains two fatal errors in that it states that an Enforcement Notice will automatically follow which fetters discretion and demonstrates yet another departure from the legislation at Part II @ https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted and also a nonsensical date in which to pay the PCN.
5. The Enforcement Notice does not include the ground that the Police are taking action @ https://www.legislation.gov.uk/ukla/1996/9/section/9/enacted

In view of the above, please cancel the PCN and EN.
« Last Edit: March 31, 2024, 12:42:46 am by cp8759 »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #39 on: February 22, 2024, 08:33:52 pm »
Bumping this thread for the OP to decide.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #40 on: March 07, 2024, 11:41:17 am »
Game on.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #41 on: March 20, 2024, 08:30:11 pm »
Apparently, the Police cannot enforce.  :D

And the extra grounds are "helpful" and "not impropriety".
« Last Edit: March 20, 2024, 08:38:37 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #42 on: April 01, 2024, 01:16:32 pm »
Cases in support:  https://bit.ly/2ALghSS

Adjudications - key cases 541-554
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #43 on: April 01, 2024, 01:41:45 pm »
@cp8759 - thanks for posting the camera details.  Does the camera type help or hinder an appeal?
It closes off one possible ground of appeal, but there are many other avenues. The easiest way to win this is to require the council to attend the hearing, if they don't they lose and they don't like turning up so they hardly ever do.
They do not name the camera in the WS. Also, the VCA certificate applies to another system. TES.
« Last Edit: April 01, 2024, 04:27:47 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

Hippocrates

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Re: PCN - Bus Lane - Harrow, Northolt Rd jct Alexandra Ave
« Reply #44 on: April 10, 2024, 11:42:10 am »
 ;D

The Appellant is represented by Mr Morgan.

The Authority's case is that the Appellant's vehicle was in a bus lane when in Northolt Road/Alexandra Avenue on 18 September 2023 at 20.23.

Approval from the Secretary of State for the type of prescribed device used for this bus lane enforcement is a requirement under paragraph 7(2) of Schedule 1 to the London Local Authorities Act 1996 (the 1996 Act) for the Authority's camera evidence to be admissible in these appeal proceedings.

There is no evidence presented by the Authority showing type approval for the prescribed device at the time of the contravention. Further, Mr Morgan has required the attendance of the appeals officer in the case, Ms Solanki, to deal with issues arising from the type approval of the camera device used to capture the contravention,

Further, I find that the statement submitted by the Authority from the Camera Enforcement Officer does not satisfy the requirement under paragraph 7(2) of Schedule 1 to the 1996 Act.

Accordingly, I am not satisfied that there was type approval for the camera device used from the Secretary of State. Further, the witness Ms S Solanki has not attended in spite of the notice that was given to her on 20 March 2023, and copied to the Tribunal. This renders her evidence in her witness statement to be inadmissible pursuant to paragraph 7 (6) of Schedule 1 of the 1996 Act.

It follows that the evidence from the camera is not shown to be admissible and that there is, therefore, no evidence of the Appellant's vehicle being in contravention of a bus lane restrictions.

The appeal is allowed.
« Last Edit: April 10, 2024, 11:56:27 am by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"