Author Topic: Newham, code 52m failing to comply with a prohibition on certain type of vehicles, Royal Albert Way E16 & Gallions Round  (Read 6996 times)

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Hi @cp8759 & @Incandescent,

3 courts later and I managed to get this witness signed, please see the picture below.



I have also drafted an email to tec@justice.gov.uk below, please let me know if this needs any amendments. I wasn’t sure if I should add My appeal as pdf to the below e-mail?


_________________________________________________________________________________________________________________

TO: tec@justice.gov.uk
CC: MYEMAIL@gmail.com
Subject: PN76007402 - Completed and Witnessed PE3 Form

Dear Sirs,

Please find attached my completed and witnessed PE3 form for your attention.

PCN number: PN76007402
Vehicle Registration Mark: HK67XBM
Applicant: London Borough of Newham
Location of contravention: Royal Albert Way E16 / Gallions Roundabout E16
Date of contravention: 19/10/2024

Kindly confirm receipt of this document at your earliest convenience. Should you require any further information or clarification to process this matter, please do not hesitate to contact me.

Thank you for your assistance.

Yours faithfully,
My Name
My Bristol and London Address

_________________________________________________________________________________________________________________

Also, what is going to happen next? This gets allocated presumably to a court and then I have to go and appeal it? How will I know what to say?

Quote
Also, what is going to happen next? This gets allocated presumably to a court and then I have to go and appeal it? How will I know what to say?
Not quite.
You submitted reps but got no reply. As this is an in-time declaration, TEC will cancel the Charge Certificate and Order for Recovery, setting the matter back to the point where you submitted reps. The council must then contact the adjudicator at London Tribunals for what they must do. No court is involved, although you may end up in front on an adjudicator at LT.
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Also, what is going to happen next? This gets allocated presumably to a court and then I have to go and appeal it? How will I know what to say?

The case will go to London Tribunals, I'll drop you a PM in case you'd like me to represent you.
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

Thanks, I saw people defending this successfully, so I hope this can be defended. I will get back to you in DM.

If you think it's too much hassle, then I would just pay the £65.

Is that e-mail I drafted sufficient to be sent?

This can definitely be won. Your email is overkill, "please see attached" would suffice.
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

Hi @cp8759 & @Incandescent,

I hope you are both well.

I have submitted my PE3 form as 13 days ago on Tue 29 Apr, 21:59, and got an auto response/acknowledgment e-mail.

Now I got the below letter from the court.

Postimage servers are down so I uploaded this the letter here as an attachment.

Is this also just an acknowledgment. It just says that the statutory declaration has been filled and (not cancelled) and to get in touch with the council.

What do I need to do now?

[ Guests cannot view attachments ]

It means you are back to the PCN representations stage. The Order for Recovery, and the Charge Certificate re both cancelled, and the PCN is no longer registered at TEC.
At this point, Newham must seek guidance for the adjudicators at London Tribunals, because you have already submitted representations.

Got it so I do not need to do anything? Like resend my representation or? Now we just wait until they get in touch. Presumably, they will notify me.

Keep an eye on the amount due on the council website, once it drops to £130 you'll know the court order has been processed. At that point the council will either write to you directly, or refer the case to the tribunal.
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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Hi @cp8759 & @Incandescent,

I hope you are both well.

I just checked and the fine is showing as £65 GBP. I do not know when it was changed nor have I had any correspondence from the council and it has been almost 4 weeks since I got the confirmation from the court that I uploaded in my previous post.

What do I need to do now? Still just wait?

The next step would be for Newham to refer the case to the tribunal, though I suspect they've sent you a letter offering to settle the matter for £65 as they're hoping you'll give up at this point.

You don't want to rely on the post, therefore starting from next week call London Tribunals once a week on 020 7520 7200 and ask them if the PCN has been referred to them by the council. Repeat until it is, once it is get the case number, give them your email address, and ask them to change the communications preference from post to email. And obviously let us know.
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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Hi @cp8759 & @Incandescent,

Further to the post from yesterday I just got the below letter from the council acknowledging my Revoking Order.

Revoking Order


They have also enclosed a copy of the rejection notice that was “posted” to me in November 2024. This is bullshit as the rejection notice for other PCNs arrived together, but this one didn’t? They also never responded to my online submission with the same appeal AND never provided a copy when I asked for it under the Subject Access Request back in late December/January. Not to mention that I was checking the fee amount online troughtout that period and it went down to £65, but from £130 it went up to £195 during that time. So what they are saying just doesn’t add up and not to mention that all of a sudden they found the rejection notice…..

Copy of the Rejection


I have until 19th of June 2025 if I wish to pay the reduced £65 GBP but this has caused so much heartache and effort that I would like to ask for help with appealing this to the tribunal. Is this something you can help me with? What do you need from me.

@correcthaunt well this location can be won on the merits of the signage, and on top of that it is possible the council made a procedural mistake (though I can't say for certain at this stage). I will drop you a PM in case you'd like me to represent you at the tribunal.
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
Like Like x 1 View List

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

Are you considering an application for review?

The below FOI request might be of general interest. 44 allowed vs 35 refused, for the handful of cases that reached the tribunal.

"EIR Reference:      FOI-2025-001089
Date:            6th June 2025

Environmental Information Regulations 2004
Subject: Royal Albert Way E16/Gallions Roundabout
 
We write with regard to your recent enquiry for information held by the Council under the
provisions of the Environmental Information Regulations 2004.

Request and Response 
 
1. How many PCN tickets have been issued on royal Albert Way E16 - Gallions Reach
roundabout the last 3 years? 
 
21,521 PCNs issued at Royal Albert Way E16 / Gallions Roundabout E16 from
25th August 2023 to 14th May 2025.
 
 
2. How many have been appealed and has been successful? 
 
4,357 Formal representations were received of which 218 cases were successful.
 
 
3. How many of them went to court and was cancelled by court order? 
 
79 decisions were appealed of which 44 were allowed at Tribunal."
« Last Edit: September 21, 2025, 05:32:00 pm by Enceladus »