3. ULEZ Charges
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Author Topic: ULEZ Charges  (Read 4707 times)

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Re: ULEZ Charges
« Reply #60 on: »
Quote from: Little Nell on June 10, 2024, 09:30:51 am
Once the TfL entry changes I will follow all the steps 1-6 then seek further guidance.
@Little Nell the tnry on the TfL website won't change, you need to follow those steps now.
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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: ULEZ Charges
« Reply #61 on: »
@cp8759

Just to recap:-

I sent the SD's to the TEC within 1 minute of each other (as advised, I sent a separate email to the TEC for each of the two PCNs). Last Friday, 7th, I received by post the order revoking the OfR and cancelling the charge certificate for the first PCN only. I haven't yet received anything from the TEC in respect of the SD I submitted for the second PCN although the status with TfL today is the same for both PCNs dated 6th June - ON HOLD SD RECEIPT - so I know the TEC is processing the SD for the second PCN.

I phoned the London Tribunals yesterday but TfL have not yet forwarded either of the PCNs to the adjudicator.

How long should I leave it before I contact the TEC to advise them I haven't received anything in relation to the second PCN (apart from the original email from them confirming receipt)?

Or should I instead contact TfL and ask what is happening their end?

I don't want to Pi** anyone off by mithering unnecessarily but I'm conscious that waiting before has not turned out well for me and I don't wish to repeat previous mistakes.
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Re: ULEZ Charges
« Reply #62 on: »
@Little Nell if you had an acknowledgment email from TEC in respect of both statutory declarations and the TFL website shows the statutory declarations have been processed, I wouldn't bother contacting TFL or TEC any further.

Just call London Tribunals again at least once every 10 days until the cases are referred to the adjudicator.
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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: ULEZ Charges
« Reply #63 on: »
@cp8759

Thank you, noted and will proceed as advised
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Re: ULEZ Charges
« Reply #64 on: »
@cp8759

Today I received the revoking order for the 2nd PCN. I’ll check in weekly with LTs and post when I know more.

Thanks again
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Re: ULEZ Charges
« Reply #65 on: »
Both PCNs are sitting at £180 so the charge certificates have been cancelled, as per the TEC's revoking orders.

You are likely to get letters from TFL informing you that they are referring your cases to the Adjudicator at the London Tribunals. You will likely also hear from the Adjudicator requesting copies of the representations for each PCN and evidence of how and when they were submitted. The Adjudicator will likely also direct that your cases be heard as an appeal.
 
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Re: ULEZ Charges
« Reply #66 on: »
@Enceladus

Many thanks. I have been away for the weekend and was going to check tomorrow, and also phone LTs to see if TfL has sent my case to them, therefore following the advice previously given by @cp8759
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Re: ULEZ Charges
« Reply #67 on: »
Quote from: Enceladus on June 17, 2024, 04:15:55 pm
You are likely to get letters from TFL informing you that they are referring your cases to the Adjudicator at the London Tribunals. You will likely also hear from the Adjudicator requesting copies of the representations for each PCN and evidence of how and when they were submitted. The Adjudicator will likely also direct that your cases be heard as an appeal.
@Enceladus the tribunal has a stupid automated process that requests copies of the representations, even if the representations and the notice of rejection are in the evidence pack supplied by the authority. If that correspondence is not responded to, a direction to pay is issued automatically.

There is a material risk that if the letter from the tribunal is lost or delayed there might be a miscarriage of justice, hence it's important to follow this guidance I have written in such cases: https://www.ftla.uk/announcements/ground-2-witness-statements-statutory-declarations-accepted-by-the-traffic-enfor/
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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: ULEZ Charges
« Reply #68 on: »
@Enceladus @cp8759 @H C Andersen

Yesterday I received a letter from ULEZ (I tried to attach it but received a message stating that the upload folder was full) to state that they will be proceeding with the enforcement and that the evidence had been sent to LT's. This is in respect of the 2nd PCN only (ending 3685). I haven't heard anything yet about the 1st PCN (ending 8544).

Please note that this letter was dated 19th June - I received it yesterday, 27th June, together with all the evidence in paper form. I don't know why it took so long to reach me.

I have checked the TfL portal and both PCNs are showing the same information: 17th June On Hold, SD receipt.

I have phoned LTs and have been given a case reference number for the second PCN - 9240286610.

I have asked that all correspondence is sent to me via email (my chosen method of communication). There is no "letter of reps" and they said they didn't email evidence, that I would need to contact TfL / ULEZ for this which I will do.

A postal hearing date has been set of 25th July but LT stated that it may not be held on this date and could be a date afterwards. I need to submit any further evidence before this date. I have been sent a letter confirming all this, sent yesterday by LT but could take up to 4 days to receive it.

What now?

Many thanks for all your help.
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Re: ULEZ Charges
« Reply #69 on: »
Quote
I received a letter from ULEZ (I tried to attach it but received a message stating that the upload folder was full)

Have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

for guidance on posting images.

A postal hearing date has been set of 25th July but LT stated that it may not be held on this date and could be a date afterwards.

We never recommend a postal decision. as these often end in tears. Contact LT and get it changed to in person or by telephone. You (or your representative) will then have the opportunity to answer questions from, and clarify points with, the Adjudicator.
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Re: ULEZ Charges
« Reply #70 on: »
Quote from: Little Nell on June 28, 2024, 12:29:03 pm
,,,,,,,,,,,,,,
I have phoned LTs and have been given a case reference number for the second PCN - 9240286610.
,,,,,,,,,,,,,,
I have asked that all correspondence is sent to me via email (my chosen method of communication). There is no "letter of reps" and they said they didn't email evidence, that I would need to contact TfL / ULEZ for this which I will do.
,,,,,,,,,,,,,,
Do you mean that you have a case number for the 2nd PCN only?
And
What do do mean by "There is no letter of reps"?

Please confirm that you have copies of the representations that you submitted to TFL on 23rd and 29th Nov 2023? You'll need to upload those to the LT portal in due course. The case will be decided on the balance of probability. In this case did you submit representations within the time limit. So you'll have to convince the Adjudicator that you did post them (in the post box near where you work). This is best done verbally.

If you ask for a telephone hearing then you can select a better firm date and time if you wish. The 25th July for a hearing on the papers is just the date that the case comes into the list where there is no scheduled hearing.

And make the point to the Adjudicator that you have been deprived of your opportunity to pay and close out the cases at the discount rate, due to TFLs failure to respond to your representations. The NoRs would have included an offer for the discount had they sent these.
« Last Edit: June 28, 2024, 02:20:18 pm by Enceladus »
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Re: ULEZ Charges
« Reply #71 on: »
@Enceladus

Yes, a case number for the 2nd PCN only at the moment. LT hasn’t received anything from Ulez about the 1st PCN.

In the guidance that cp8759 sent to me I was advised to ask for an email copy of the reps letter but LT said there wasn’t one.

Thank you for your advice, I think I would rather attend in person albeit that it will mean travelling to London. I’ll phone on Monday and inform them of this.

I have kept copies of absolutely everything.

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Re: ULEZ Charges
« Reply #72 on: »
Quote from: Little Nell on June 28, 2024, 04:49:27 pm
In the guidance that cp8759 sent to me I was advised to ask for an email copy of the reps letter but LT said there wasn’t one.
Maybe you spoke to someone new? I've never had anyone say this to me, and just because I do loads of appeals shouldn't mean I get any sort of special treatment. It very much sounds like whoever you spoke to doesn't know what they're talking about, the "show us your reps" letter gets issued automatically in all such cases.

That being said, I'm going to drop you a PM in case you'd like me to represent you.
« Last Edit: June 30, 2024, 03:42:10 pm by cp8759 »
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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: ULEZ Charges
« Reply #73 on: »
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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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  3. ULEZ Charges