3. Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #15 on: »
Hello,

I have today recieved a charge letter. https://imgur.com/a/opdq29m

I have appealed online on 21/5 and got a confirmation email and again queried this online on 28/6 and got a confirmation email. I did not get any leters or email rejecting the appeal.

Do I need to now make an appeal to the adjudicator?

Thanks
T
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #16 on: »
For convenience:



I was going to recommend you to read
https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/

Which do, BUT

there is something wrong with the charge certificate see the Heading:
Quote
This notice is for a Parking Contravention
Traffic Management Act 2004

so wait for the experts here to comment further.
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #17 on: »
Something badly wrong here !!
PCN served under the London Local Authorities Act 2003, and the Charge Certificate served under the Traffic Management Act 2004.  This is a clear failure to follow the legal process, so needs to get in front of an adjudicator, but first, you'll have to submit a Witness Statement when they register the debt at TEC,
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #18 on: »
Deary me. They must be in shock due to their arrest of their (former) leader on the executive side of things.
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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: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #19 on: »
I have appealed online on 21/5 and got a confirmation email and again queried this online on 28/6 and got a confirmation email.

Pl explain 'again queried this online on 28/6 and got a confirmation email.'. Where is this email?

Working backwards, you submitted an appeal online on 21 May. If they received this then any reply would probably have been around 2 weeks later, let's say 4 June. Their rejection would have allowed you 28 days in which to submit an appeal to the adjudicator which would bring us to 2 July. Only after this date could they serve a CC.

The CC is dated 1 July. Very tight.

And yet your post suggests they did receive and reply, but pl confirm. Even better, get on to the council website and look at your PCN history. Better still, just post the PCN no. and your VRM.

As regards the CC, there's no prescribed form just very limited contents. Although I can see their c**c-up I cannot see anything materially different in the requirements of the 2 pieces of legislation. 



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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #20 on: »
Thanks.

I made the challenge online on 21/05/24 and recieved a confirmation via email https://imgur.com/a/VUnpGVm

As I have not heard anything I filled inthe form to ''Chase a response to a PCN challenge'' on 28/06/24 and got a response that they will respond in 10 days https://imgur.com/a/m0eNJKp

I have checked the webiste now and it says they have responded on 24/05/24 which I did not get via post or email. https://imgur.com/a/gVHzTla

PCN:LJ28476320
VRN: EX63KWF

Thanks
T

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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #21 on: »
Fine, if unbelievable as regards the speed of their response! 

You'll have to wait for the debt to be registered (won't be before the 16th) and then submit a Statutory Declaration -the details of the enforcement process are given here:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process

In the meantime you could usefully find out where your local county court is located and enquire how you would make an appointment to have a signature witnessed by a court officer.
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #22 on: »
Thanks. I will make enquiries to my local court. Just to Clarify would I need to take the TE9 form directly to court to sign and submit or can I submit via email as per earlier post? Or is this differrent to a Statutory Declaration?

Thanks
T
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #23 on: »
The witness has to witness (see) your signing.
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #24 on: »
Thanks. I will make enquiries to my local court. Just to Clarify would I need to take the TE9 form directly to court to sign and submit or can I submit via email as per earlier post? Or is this differrent to a Statutory Declaration?


To be clear:
County Court(or solicitor, but they'll charge whereas a court officer is free) - this is only for witnessing you signing the Stat Dec....which then gets sent by you and preferably by email to...

Traffic Enforcement Centre(TEC)..which confusingly is also referred to as a court!
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #25 on: »
It's a court without a court room !
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #26 on: »
Strictly speaking you don't have to wait for TEC, that is just the backup option.

In the first instance I'd suggest making an out-of-time appeal to the tribunal, worst that can happen is they say no and then you can still go to TEC. I'll drop you a PM in case you'd like me to do this 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: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #27 on: »
Can I check what was the outcome of this case @244065013? I have been trapped by the council for exactly same situation, however my initial appeal was rejected by the council and now I need grounds to make my case for the tribunal
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Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #28 on: »
please see the "Read this first before posting your case" in the council section,
then start your own thread.
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Quote from: andy_foster
Mick, you are a very, very bad man
Re: Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24
« Reply #29 on: »
Quote from: Ujk on July 19, 2024, 12:45:29 pm
Can I check what was the outcome of this case @244065013? I have been trapped by the council for exactly same situation, however my initial appeal was rejected by the council and now I need grounds to make my case for the tribunal
If you go onto this website your can see the adjudication in the Statutory Register of cases
http://www.londontribunals.gov.uk/
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  3. Lambeth Salters Hill - Failing to Give Way 37 j 28/04/24