Free Traffic Legal Advice

Good day,

Following the rules the required details are as follows:

COUNCIL- LAMBETH COUNCIL

CONTRAVENTION: 52m- FAILING TO COMPLY WITH A PROHIBITION ON CERTAIN TYPES OF VEHICLES (MOTOR VEHICLES)

PCN NUMBER: LJ28811356

REGISTRATION NUMBER: LC17MUA

DATE: 20TH JUNE 2024

TIME: 16:50

LOCATION: SANDMERE ROAD CLAPHAM SW4


 I was issued a PCN for entering an emissions-controlled street in Lambeth.  My understanding was that the vehicle needed to be mechanically propelled.  My motorcycle was malfunctiong.  I had tried the following;

- Getting it towed but the waiting time frame was too long

-The cost implication to get a tow to a repair center just 10 minutes away was over £100.

Leaving my motorcycle would either get me a PCN, a tow, or vandalism from teenagers who either steal or destroy.  Lastly, I needed it for work.

I proceeded to push it all the way.  I saw an opportunity to cut the journey short by using a street with a no entry sign to drivers.  I was physically pushing a non functional motorcycle and believed this did not apply to me.

Received a PCN for the day in question.  I apologized for the usage and explained my circumstances and even provided a repair receipt for the date in question, but it was refused.  They stated that by pushing it, that was mechanical propulsion.

This was taken to the independent Adjudicators twice who ruled against me, which I am still totally confused about.  I was hoping for my day in court, but it has now been placed in the hands of bailiffs as of yesterday.

To reiterate on my stance:

- I used the street because it was safer in the sense that I was pushing a heavy motorcycle down a street with traffic moving from both directions with impatient patient drivers. 

- There was a risk of hurting myself, (I had already fallen from the weight of my bike and it was a wet day), hurting pedestrians, damaging other people's vehicles if it was to fall on a car.

- I could not tow because of the waiting time, cost, safety implications and faced a penalty risk if I left it.

I had also looked into reasons why the controls existed
- Emissions reduction
- Reduced traffic congestion
- Noise pollution
- Safety for children/pedestrians
- Parking for the local residents and visitors.

With a non-functional motorcycle weighing over 300kg, I'm a cyclist and pedestrian myself, moving 1 meter a minute with no emissions released, no sound pollution, moving too slow to be a risk to any pedestrian but myself, and having no intention to park as it was a pushing path to the mechanic workshop.  Most importantly,  I have my repair receipt for the day. 

The law exists to protect us, but I feel victimized by its expression in this situation.  I'd appreciate your legal perspective and suggestions on how to proceed.


WETRANSFER PHOTOLINK- https://we.tl/t-MENs6ukNsA

It's LT case nr. 2240347580.

There's no mention of a review. @Angeldude you told us that "This was taken to the independent Adjudicators twice who ruled against me, which I am still totally confused about." Do you mean that you requested that the London Tribunals review your case 2240347580 and the Tribunal refused to schedule a review? Or was the review held?

What stage are you at with the bailiff? Did you receive a Notice of Enforcement demanding £280 (£205 +£75) with seven clear days to pay? What's the deadline or post up the NoE.

The OP has had a bailiff visit it seems. But this is the only document he's posted subsequent to the tribunal decision.

Thank you.

I don't wish to sound blunt, but you have been asked 7 questions, and so far answered none of them. The quality of advice members are able to give is dependent on the quality of information you give them to work with.

You had an appeal heard at London Tribunals and lost, and then asked for a review which was refused?

So what happened after you lost at the tribunal? 

Do you mean that you requested that the London Tribunals review your case 2240347580 and the Tribunal refused to schedule a review? Or was the review held?
What stage are you at with the bailiff? Did you receive a Notice of Enforcement demanding £280 (£205 +£75) with seven clear days to pay? What's the deadline or post up the NoE.

Did you get all of the above docs?

Apologies for not responding to the previous questions.  I'm not very familiar with this system.

1. I submitted an appeal, but it was refused, not heard.

2. Lambeth was progressing their process while my appeal was being responded to.  The only pause there was occurred for the initial process.

3. I did receive all the paperwork sent, but it was while i waited for a response from the tribunal, and after that i started searching for advice on another site which led me to yours. (The MSE Forum)

To be honest, I was still trying to think up the right questions to ask on Bailiff advice online.  So, I opted to call instead.  There was no response, so I left my details for a callback in a couple of hours.  With the response from Lambeth, it was a call handler who made the suggestion, so it may not be the best advice.  When I got the response of taking it to court, I was under the impression that I'd be invited to a hearing, but I was informed that it was for them to activate the bailiffs.

i received a notice of enforcement from the bailiffs.  I have not seen any other documents with the title youre requesting.  Are these all from the council?