3. Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
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cp8759

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Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
« Reply #30 on: November 19, 2023, 02:41:26 pm »
Quote from: taffer87 on November 17, 2023, 03:27:33 pm
Also, good to get your input on if the error in their letter saying I supplied evidence for payment on 25 October (when in fact I did supply evidence for 26 OCtober) and PCN was issued on 26 October now means there is a very good chance of winning at tribunal? Of course next stage is NTO to lease co - then transfer liability to me and new NTO to me.
If they make a similar mistake at the formal notice of rejection stage, we might be able to exploit that.
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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taffer87

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Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
« Reply #31 on: November 19, 2023, 05:56:03 pm »
Quote from: cp8759 on November 19, 2023, 02:41:26 pm
Quote from: taffer87 on November 17, 2023, 03:27:33 pm
Also, good to get your input on if the error in their letter saying I supplied evidence for payment on 25 October (when in fact I did supply evidence for 26 OCtober) and PCN was issued on 26 October now means there is a very good chance of winning at tribunal? Of course next stage is NTO to lease co - then transfer liability to me and new NTO to me.
If they make a similar mistake at the formal notice of rejection stage, we might be able to exploit that.

ah that's a shame so their error in replying to informal reps doesn't really count for much?
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cp8759

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Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
« Reply #32 on: November 20, 2023, 11:48:33 pm »
Quote from: taffer87 on November 19, 2023, 05:56:03 pm
ah that's a shame so their error in replying to informal reps doesn't really count for much?
Well it counts for something, but mistakes in the formal rejection hold a lot more weight.
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

taffer87

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Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
« Reply #33 on: November 28, 2023, 10:03:24 am »
So this is what it says today on the council website. previously it said the amount would go to £195 on 28 November but today (on 28 November) it just says the amount will increase to £195 very soon and please pay £65 now

Is this not some sort of procedural impropriety by the council giving false information as the next stage would be a NTO at £130 rather than £195?

Summary so far:

Date of contravention/PCN on windscreen: 26 October 2023
Informal reps made: 2 November 2023
Letter rejecting the informal challenge: 10 November 2023 - received on 13 November 2023
« Last Edit: November 28, 2023, 10:05:07 am by taffer87 »
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cp8759

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Re: Lambeth - windscreen PCN - code 12s - Cutcombe Road (A)
« Reply #34 on: November 29, 2023, 12:13:18 am »
Quote from: taffer87 on November 28, 2023, 10:03:24 am
Is this not some sort of procedural impropriety by the council giving false information as the next stage would be a NTO at £130 rather than £195?
I would certainly make the argument. While it's not a procedural impropriety as defined by the regulations, it would appear to be a breach of the council's duty to act fairly.

After all someone who doesn't have the benefit of legal advice might see that, panic, pay the £65 and lose the right to take things further, so there is a risk of prejudice.
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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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