Author Topic: 52j failing to comply with a prohibition on certain vehicles  (Read 53 times)

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adia786

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Hi everyone My elderly father been given a ticket in the Derby road junction, 52j failing to comply with a prohibition on certain vehicles

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H C Andersen

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Re: 52j failing to comply with a prohibition on certain vehicles
« Reply #1 on: May 01, 2024, 10:13:31 am »
This should be a win at adjudication, perhaps even earlier, but this would require the council to acknowledge its error. Not unknown, but..!

cp will have adjudication decisions on this point.

And what is the point?

..certain types of vehicles?

Wrong colour, wrong classification, too old, too young?

As I understand it, it is accepted that a person from whom a penalty is being demanded and which could be pursued with the full force of law even up to enforcement agents removing goods from the keeper's registered address in lieu of payment is entitled to know exactly what contravention is alleged in the PCN, not on a website(perhaps the video) but in the PCN itself.

The code is NOT for the keeper, it is an administrative device used by the authority and other parts of the enforcement process but does not comprise part of the mandatory grounds of contravention.
« Last Edit: May 01, 2024, 10:16:41 am by H C Andersen »

cp8759

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Re: 52j failing to comply with a prohibition on certain vehicles
« Reply #2 on: May 01, 2024, 10:26:32 am »
@adia786 what's the PCN number please?

@H C Andersen whether we agree or not, virtually all adjudicators accept a photo of the sign as an adequate substitute for the type of vehicle being stated in textual form, so I wouldn't run that particular argument.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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adia786

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Re: 52j failing to comply with a prohibition on certain vehicles
« Reply #3 on: May 01, 2024, 02:18:40 pm »
PCN NUMBER IS CR19825957

cp8759

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Re: 52j failing to comply with a prohibition on certain vehicles
« Reply #4 on: May 02, 2024, 09:36:00 pm »
Video:

https://www.youtube.com/watch?v=7THI2u41pjc

Is there any reason why he drove past the signs?

Is there any mitigation worth mentioning?
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

H C Andersen

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Re: 52j failing to comply with a prohibition on certain vehicles
« Reply #5 on: May 02, 2024, 09:49:49 pm »
Deleted.