3. Wandsworth 50L Performing a prohibited turn
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Wandsworth 50L Performing a prohibited turn
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Hi, I'm somewhat bewildered by the PCN received today for one of our company vehicles. The photographs are missing (please see the attachment) and when I logged onto Wandsworth to view the PCN, images and any videos, there is a message stating 'You cannot currently challenge the PCN.'

I may be wrong, but surely a PCN where the 'evidence' is missing must be invalid?

Please advise upon my next action, or an appropriate response.

Thanks

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Re: Wandsworth 50L Performing a prohibited turn
« Reply #1 on: »
All you can do at the moment is call them to complain. Lack of photos or videos indicates something is not right in their office, and their PCN management system.
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Re: Wandsworth 50L Performing a prohibited turn
« Reply #2 on: »
The PCN is unenforceable because the bit in brackets tells you you have 28 days from the date of the notice to pay or else a Charge Certificate will be served.

2230525729; 2230446994 and 2240008359.

Happy to take this one on.  I will do a draft shortly.

BUT, need the whole PCN first please.  And do not do anything at the moment until we see the other side of the PCN.
« Last Edit: February 20, 2024, 04:21:41 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Wandsworth 50L Performing a prohibited turn
« Reply #3 on: »
Thanks, here's the back part

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Re: Wandsworth 50L Performing a prohibited turn
« Reply #4 on: »
Dear Wandsworth Council Parking Services


Ref: PCN

    VRM

I make these collateral challenges against the PCN:

1. The third ground pertaining to representations on the PCN clearly limits to theft. I bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances or, indeed, make an insurance claim.

2. More importantly, you cannot serve a charge certificate 28 days from the date of the notice.

3. The PCN provides no photographic evidence at all.

In light of the above, please cancel the PCN forthwith.  If you do not accept these representations, I shall take the matter to the Tribunal and be considering costs in view of this considerable departure from the statutory scheme.

Yours faithfully

Name (Registered keeper)

Address
« Last Edit: February 20, 2024, 09:15:13 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Wandsworth 50L Performing a prohibited turn
« Reply #5 on: »
Ironically, we've now received a similar PCN for a different vehicle for the following day, where all the images are missing again.

I presume I will issue a similarly worded appeal for this one. Out of interest, what is the relevance of the reference to 'taken without consent' as this doesn't apply in either case.
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Re: Wandsworth 50L Performing a prohibited turn
« Reply #6 on: »
They have to consider it whether it applies or not.
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
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Re: Wandsworth 50L Performing a prohibited turn
« Reply #7 on: »
Video:



The traffic order is The Wandsworth (Prescribed Routes) (No. 1) Order 2020 as amended by The Wandsworth (Prescribed Routes) (No. 3) Order 2022.

That being said, the incorrect charge certificate date is more or less unanswerable so it's hard to see how the council could hope to enforce this.
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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: Wandsworth 50L Performing a prohibited turn
« Reply #8 on: »
Please keep us updated and do not be tempted/dragooned into joining The Mugged Club!
Logged
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
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