3. Lewisham Council 53J Leahurst Road
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Lewisham Council 53J Leahurst Road
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Hello been a good long while since having to seek advice for a pcn.

7 mins under on this one and missed the Frenbrook Cr turning and continued into the trap.

After reading a few posts I’m feeling that this one is unsuccessful if appealed but please advise if I’m incorrect.

I have already been advised that I currently have standing due to the vehicle being owned by employers lease company. Do I contact the lease company and request this to be communicated to Lewisham council or do not make any movements yet and utilities this time to prepare a challenge letter with some guidance from you helpful members?
This pcn was only received today which is already 7 days in.

Here is the GSV location.

Thanks in advance for reading my post and look forward to your correspondences.

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« Last Edit: September 21, 2023, 11:17:22 pm by D D »
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Re: Lewisham Council 53J Leahurst Road
« Reply #1 on: »
You need to contact the lease company and ask them to challenge the penalty on the basis that they're a leasing company and the vehicle is on lease. The council will cancel the PCN issued to the lease company and then issue a new one to your employer. As long as you have a work email address to make representations from, you can then make representations on behalf of your company.

Video:



The TMO is The Lewisham (Prescribed Routes) (School Streets) (No. 41) Experimental Traffic Order 2022

There are no obvious grounds here but one key aspect is whether the council processes the transfer of liability properly.

Location: https://maps.app.goo.gl/tybTh86L1hdT9re3A
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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: Lewisham Council 53J Leahurst Road
« Reply #2 on: »
Ok thanks for info on this I will contact them Monday regarding the transfer.

Do I request them to put myself named as the title followed by the company details or the title as the company?
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Re: Lewisham Council 53J Leahurst Road
« Reply #3 on: »
Quote from: D D on September 23, 2023, 10:04:00 am
Do I request them to put myself named as the title followed by the company details or the title as the company?
It should be whoever signed the lease agreement, which is presumably the company rather than you personally.
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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: Lewisham Council 53J Leahurst Road
« Reply #4 on: »
Just as I was to reply to the lease company I found an authority cover letter attached.

Shall I continue to request the PCN to be addressed to the company as discussed previously?
To me it seems like they have this covered and I’m have no grounds to appeal…

Regards

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« Last Edit: September 26, 2023, 11:53:01 am by D D »
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Re: Lewisham Council 53J Leahurst Road
« Reply #5 on: »
Liability is only legally transferred wjen the first PCN (to the lease company), is cancelled and a fresh one issued and served to the lessee of the car. Is this you or your company ?
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Re: Lewisham Council 53J Leahurst Road
« Reply #6 on: »
As far as I understand and from them sending me a representation approval letter it must be the lease company…
As we can see the PCN is in their name.

I don’t want to cause rife with my lease provider as they’re decent and it isn’t an issue for me to ask them to transfer the pcn to my employer.

Is it really all worth it when we’re not seeing any positive to contest, or am I missing a point here and it’s in the transfer itself? If they fail to get this correct I could send a chance?
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Re: Lewisham Council 53J Leahurst Road
« Reply #7 on: »
Also after reading the attachment, ‘To enable you to speak to the
authority directly we have attached a Third Party Authorisation letter. You will need to send this with your appeal.’

I’m feeling they might be reluctant to do a transfer as they have already set out info to make an appeal, so if I ask for them to change it they’ll be like just follow the instructions provided’
We all know how helpful these phone gurus are - dim.
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Re: Lewisham Council 53J Leahurst Road
« Reply #8 on: »
Not heard from anyone with additional advice so I’m guessing it’s becoming that time to pay the devils ransom…
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Re: Lewisham Council 53J Leahurst Road
« Reply #9 on: »
Quote from: D D on September 28, 2023, 12:05:09 pm
Not heard from anyone with additional advice so I’m guessing it’s becoming that time to pay the devils ransom…
But you have no PCN in your name. What you are doing is paying on behalf of the lease company. If that's OK with you, proceed.
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Re: Lewisham Council 53J Leahurst Road
« Reply #10 on: »
It’s not really but they have given a representational letter so to me it looks like they’ve covered their ass…

So continue to peruse them changing the title to my employer? Thing is I have a feeling they’ll get suspicious about this and think I’m trying to swerve the fine and palm it off to my employer…

Please advise and thanks again for the response
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Re: Lewisham Council 53J Leahurst Road
« Reply #11 on: »
Well today was the last day of the 14 days and this new PCN came through the mail today addressed correctly with our details.
So it looks like they transferred it correctly.

Time to pay the £65 I’m guessing as there is no flaws that I can see.

Your response is appreciated

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Re: Lewisham Council 53J Leahurst Road
« Reply #12 on: »
Draft representation:

Dear London Borough of Lewisham,

We challenge liability for PCN ZY0648764A on the ground that we do not own and have never owned the vehicle concerned.

Yours faithfully,

In the meantime, contact the leasing company and get them to confirm whether they've heard back from the council since they requested the transfer of liability. If they've not heard back, you need them to confirm this in writing.
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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
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Re: Lewisham Council 53J Leahurst Road
« Reply #13 on: »
Email sent to lease co regarding confirmation from pcn issuer.

Is it best to select ’I was not the owner of the vehicle at the time the contravention occurred’

For the recommended representation?

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« Last Edit: October 04, 2023, 09:20:51 am by D D »
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Re: Lewisham Council 53J Leahurst Road
« Reply #14 on: »
It doesn't matter what box you tick, and I suspect they use the reason you select to pre-populate a templated rejection letter. I'm tempted to say you should go with something entirely irrelevant so that they mess up the rejection but the truth is it doesn't matter, you can pick one at random. Whatever you tick, by law they're required to read the representation and consider it.
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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
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