Free Traffic Legal Advice

Quick version, around 3.5 years ago I received a pcn for an ltn contravention, I was not the driver and advised London borough of hounslow who the driver was.

there may have been another letter to which I responded. 3 years later I received an order for payment and filled in a statutory declaration that no "notice of rejection" had been received.

I then got a letter essentially asking for my version of events to decide if an appeal was in order.

I pointed out again that I was not the driver and due to the passage of time no one could remember who was driving, the time of the alleged contravention was a minute or two before the road would be open for everyone so as far as we were concerned either the signage was inadequate or not sufficiently visible in the conditions or that the vehicle clock was incorrect to the extent that the driver would have been under the impression that no offence was being committed. Furthermore due to the passage of time and lack of rejection notice no information had been kept, dashcam footage - if any - would have been overwritten or the sd card used for something else. The computer which would have contained copies of any correspondence or information had failed and been disposed of. I was therefore unable to present an evidence based defence due to the passage of time and therefore the pcn should be cancelled.

An appeal was processed although the adjudicator appears to have ignored my representations and the appeal was unsuccessful.

I strongly object to being bullied into paying for something I was not party to and wondered if there was any basis to take the matter to a proper court.

pcn NJ37579626 8/12/2022

As the adjudicator says, it's the owner of the vehicle who is liable.

This has passed the deadline for reviewing a decision so you should pay before it escalates.

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Case Details
Case reference 2240509591
Declarant John Sheridan
Authority London Borough of Hounslow
VRM Y801PVS
PCN Details
PCN NJ37579626
Contravention date 08 Dec 2022
Contravention time 18:56:00
Contravention location Hartington Road J/W Chiswick Quay
Penalty amount GBP 130.00
Contravention Fail comply prohibition on certain types vehicle
Referral date 12 Nov 2024
Decision Date 12 Mar 2025
Adjudicator Michael Burke
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
The allegation in this case is failing to comply with a sign indicating a prohibition on certain types of vehicle on 08.12.22. In his details of appeal the Appellant explains his inability to contest the allegation given the passage of time since then. In his initial challenge he merely stated that he was not the driver and identified the driver, Alexander Sheridan, of the same address. In a subsequent letter of 17.04.23 he stated that he was not the owner of the vehicle merely the registered keeper.

I am satisfied the signage at this location is substantially compliant, clear and adequate. The enforcement camera evidence shows the vehicle committing the contravention.

Having considered all the evidence I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.

I am satisfied the Enforcement Authority correspondence has followed the statutory process.

Under London Local Authorities and Transport for London Act 2003 it is the owner of a vehicle who is liable for PCNs issued to it. This liability is not transferred unless the owner can establish on the balance of probabilities that the person in control of the vehicle was in control without consent. The law requires that I presume the registered keeper was also the owner. The Appellant has not provided any evidence to support the claim that he was not the owner of the vehicle. I am satisfied he was the owner of the vehicle.

Anyone may pay a penalty charge and the Appellant may wish to arrange that the driver pay this one or reimburse him for it. Indeed it is not clear why this has not already happened. However, this is a matter between the two of them. Legal liability remains with the Appellant.

time this keepers liability was abolished 

You need to read what it says on the PCN. This legal process has been in operation for minor traffic and parking offences since 1991. Best pay up as Stamfordman says before the bailiffs get involved and start adding on their costs.