Author Topic: Newham, 53J - Failing to comply with a pedestrian zone restriction, Grosvenor Rd/Upton Lane  (Read 96 times)

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The General

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Hello


I'm hoping someone can assist me with my issue. I've received two PCNs for the same contravention and at the same location, one of which has been successfully appealed at London Tribunals but the other is dragging out and I'm now worried about it.


The PCN dated 10/10/24 was received and after making representations to the council a Notice of further evidence was sent to me dated 05/11/24. The council requested that my evidence be sent to them within 7 days and this was done on 11/11/24.


The next letter received was a Charge certificate dated 23/12/24 which was ignored because the next step was then to make a Statutory declaration at the appropriate time. To my surprise another letter was received dated 10/01/2025 and this was the start of my problems.


The letter offered support to help me pay the PCN if experiencing financial difficulties and a link was provided where an enquiry could be made. Unfortunately for me after following the link to see what this was all about there were other options that were relevant to me.

So an enquiry was made and on the dropdown menu provided the first option was selected which was
"I have submitted a PCN challenge or appeal, but have not received a response". The response from the "Debt recovery team" was that a response to my representations was sent on 15/11/2024 and they attached a copy of the letter. Also the payment was reduced to £65 "as a gesture of goodwill".

After reviewing the copy of the letter to my surprise the council stated that there was a failure to provide the evidence requested in the Notice of further evidence letter. So another enquiry was made to highlight that the evidence was provided and on time but they said it was too late to make representations.

So yet another enquiry was made stating that the council were in breach of the law by not considering my evidence and asked whether or not they would comply with the law. This time the response was that I've been advised previously that it is too late to consider my representations.

So the situation as of right now is that the payment has reverted back to £195 and I'm waiting for the TEC fee to be added onto this. Once this happens I'm intending on submitting my Statutory declaration but I've never done this before and I'm worried that I'll eventually be liable for the PCN.

So my first question is given the back and forth with the council post the Charge certificate does the reasons box on the Statutory declaration need to be completed now?

And my second question is if I'm liable for the PCN and a payment is made can legal action be taken against the council to recover my payment for being in breach of the law?

« Last Edit: February 06, 2025, 07:36:16 am by John U.K. »

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Incandescent

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First of all can you delete these odd <p> and <p/> characters that make reading your post difficult. Then please post up the relevant documents. Redact only name and address.

The General

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Sorry about that but the <p> and </p> characters didn't display in the "Preview" and they were only included because my initial "Preview" compressed all of my paragraphs into one giant paragraph. So basically the "Preview" function doesn't work.

So this is hopefully a new paragraph and I'd like to ask if it is possible to edit my original post to remove the <p> and </p> characters and to also include links to the relevant documents as I've had a look around and can't seem to find anything but surely this is possible?

I'd also like to highlight that this is my first time posting on a forum and I'm still learning about how it all works so please bear with me while I'm getting to grips with everything.

John U.K.

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I've sorted the paragraphs for you. As Incandescent says, we need to see the documents - guideto posting is here
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/

Using the attachment method is not recommended - try imgur or https://imgbb.com/

Please post the correspondence to and from in date order, and include a screenshot of the PCN history.

Quote
I'm waiting for the TEC fee to be added onto this. Once this happens I'm intending on submitting my Statutory declaration

Have you contacted TEC to see if debt has been registered?



Quote
I'd also like to highlight that this is my first time posting on a forum and I'm still learning about how it all works so please bear with me while I'm getting to grips with everything.

Don't worry - we all had to start somewhere :)


The General

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Thanks for editing my original post.

Unfortunately I've already previously been through that link and settled on using Google drive as this was one of the options. I've also already previously created the links and these can be found below.

(Interestingly imgur was considered but it wasn't possible for me to register with the site without using a third party login which I've never done before so that put me off.)

I'm not sure what you mean by PCN history - the Newham website only shows the current position and in terms of the TEC fee this is what I'm looking at to determine when the debt has been registered.

PCN
https://drive.google.com/file/d/1Dgl2AeqIacdYugQH8LCR8bggXZpqLkIc/view

Notice of further evidence
https://drive.google.com/file/d/1k8mHv9YnkN5KHt22CpOGTfHCSmziiYHB/view
https://drive.google.com/file/d/15BQ9oeZVwbxcgqCBUW8eyfG-_w3tSDrC/view

Charge certificate
https://drive.google.com/file/d/1j07qPVfqgTl-tsIk78stXDkZLH_LpUxd/view
https://drive.google.com/file/d/1dChTTO50oPpRDWXu93tmEiN03sCAN0yv/view
https://drive.google.com/file/d/1pjcc1JCHf2FZw2cBB8OYQF7_LUnyc1ZW/view

Offer of support
https://drive.google.com/file/d/1Pst7Tm4AlM9m0YDisMMo6zm8WN0CI7iM/view
https://drive.google.com/file/d/1KiGCjl-Sg13L5mWX537MxrD8HoIQRLMT/view

After this point is when I've raised multiple enquiries with the EA where the responses came back via email and copying and pasting these here will probably make the post difficult to read - is there another way?

The General

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So I've worked out a way to get the emails into a post without copying and pasting the text but I've also just realised that my previous post doesn't include images as per the instructions. So my next post will include all of those images and then the rest of the images and that will be all of the correspondence!

Hippocrates

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Could you simply tell me at which stage you are?
« Last Edit: Yesterday at 07:42:01 pm by Hippocrates »
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

The General

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Yes I’m just waiting for the TEC fee to be added onto the PCN outstanding amount and once that happens will make a Statutory declaration.

Hippocrates

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Thanks, When this part is resolved, there is a website issue re grounds.
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