Author Topic: Lambeth - 52 m Failing to comply with a prohibition on certain tyoes of vehicles - New Park Road (D)  (Read 616 times)

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mrmustard

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It does not say that, it says 'representation'. Yes, do it
I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

Hippocrates

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The amount outstanding on the Charge Notice will increase to £130.00 on Mon, 28 Oct 2024. Please pay £65.00 now.
We received your representation on Mon, 14 Oct 2024 and we will reply in due course. You do not need to make representations again.
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

Hippocrates

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You need to make representations now or the pcn value can increase. The council reject nearly everything, good and bad.
The amount outstanding on the Charge Notice will increase to £130.00 on Mon, 28 Oct 2024. Please pay £65.00 now.
We received your representation on Mon, 14 Oct 2024 and we will reply in due course. You do not need to make representations again.


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

stevec

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I made my representations yesterday evening, using both points advised by @mrmustard.
When I submitted it, a message was displayed saying "Unfortunately, we have been unable to send a copy of your challenge by email. Your challenge has been logged and will be processed by one of our officers promptly".

Not sure why they were unable to send an email but I assume I'll receive a response by post. I shall update this thread here when I do.

Thanks both to @mrmustard and @Hippocrates for your help so far!

stevec

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I received the following response today from Lambeth Council via post. As you suspected @mrmustard, they have rejected the grounds of inadequate signage.

Regarding the point of their right to transfer liability, they actually start the letter by saying they are unable to consider a representation from a third party, given I am effectively unknown to them as the registered keeper of the car will be the leasing company.

They say they have put the case on hold for 14 days to allow the registered keeper to make the representations on my behalf or make the discount payment of £65.
Given the leasing company will not do that; as far as they're concerned, liability for any parking fines are my responsibility under the leasing contract; what should my next step be?




mrmustard

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Whose name is on the PCN.

Is the same name on the representations?
I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

stevec

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Actually, no, the name on the PCN is my limited company and the PCN was sent first to the registered office address before it was forwarded to me at my home address. Didn't really think of that when I submitted he representation....

I'm a director of the limited company but the registered keeper is the lease company so I can't submit an representation on their behalf.
However, as the PCN was sent to my limited company, can I resubmit the representation as a director of that company? Or will that not help my argument that the PCN should not have been transferred to me?

mrmustard

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Yes, only the Limited company can make a representation so do it as  Director on behalf of the company. Start by stating ' this a representation by ....Ltd' and the same as before.
I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

H C Andersen

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WAIT!

However, as the PCN was sent to my limited company,....

..yes, but by who?

There are only 2 scenarios which could fit here IMO:

1. The PCN is addressed to a corporate body and you made reps in your own name without specifying your position and authority to make reps on the company's behalf, or

2. The PCN is addressed to the registered keeper (lease company) which has then forwarded to you, perhaps with a covering letter??

Which?
« Last Edit: November 01, 2024, 12:37:51 pm by H C Andersen »

stevec

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Apologies for not being clear in my last post.

It's scenario 1; the PCN was addressed to my LLC and yes, I made the representation without specifying my position and authority at the company.

So should I resubmit the same representation as before but stating I am representing the LLC in my capacity as director?

Is it still worth submitting the 'signage not clear' grounds, given they have already rejected that?
Or should I just go with the "council did not have the right to transfer liability" grounds?

mrmustard

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We have already considered what the representation should be and there is no need to change our mind now. Just get the representation in using the LLP name.
I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

stevec

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I've now received the latest response from Lambeth Council.
As they did last time, they have rejected the grounds of the signage not being clear, which was to be expected.
However, they make no reference at all to the grounds of their not having the right to transfer liability.

Do I submit a third appeal and draw their attention specifically to those grounds?



Hippocrates

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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

stevec

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Happy New Year all!
I have an update on this PCN for you.

I took the decision at the end of November to give in and pay the reduced amount of £65 while it was still available. However, I attempted to do this on November 28, within 14 days of the date of the previous letter, but the amount I was being prompted to pay was £130.

The only suitable way I could find to contact Lambeth Council about this was to submit their letter to them as 'additional evidence', explain that I was not seeing the option to pay £65, as the letter stated I would be able to, and requested that I be informed how to pay the reduced amount.

I was away over December for a few weeks but kept checking the Lambeth PCN payment link to see if they prompted amount would drop to £65. It did not.

I returned at the end of December to find the response letter below waiting for me. Instead of addressing my question about the PCN amount, it seems to be a canned response, virtually identical to the original one they sent, rejecting my appeal.

I continued to check the PCN payment link but it has now gone up to £195.

As soon as I saw this, I re-tried the 'additional evidence' approach, again submitting their letter of November 14 which stated I had 14 days to pay the reduced amount of £65, pointing out that the amount had now been increased to £195 and asking for someone to get in contact with me to explain how to pay the reduced amount.

I do not have much faith in receiving a useful response so wanted to ask here what you suggest my next step should be?

As always, thank you for your sagely advice in advance!


H C Andersen

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The only suitable way I could find to contact Lambeth Council about this was to submit their letter to them as 'additional evidence', explain that I was not seeing the option to pay £65, as the letter stated I would be able to, and requested that I be informed how to pay the reduced amount.

Can we see this please?