Free Traffic Legal Advice

Dear All,

This is my second post with a second PCN receive in same day in the span of less then 2h from the H&F London Borough.

I have have had made an appeal as for the first one (HZ91718699 posted on a different topic) and at this time have not managed to get any results this one either.

As I have mentioned the first time I was not expecting any restrictions and was rather under pressure to deliver all packages on time (as deadline for this block was 11AM) and this fine was issued at 10:12AM however would I have known to take an alternative route to deliver this parcel I would have.

I was not expecting to encounter such major road restrictions as they were not previously announced, I do understand the sign, however I am referring prior to this.

It would reckless and hazardous to stop in the middle of the road to check signage of an area nowhere to be found other than London and then backway if not allowed, I fear this might also be a contravention in itself and illegal ?

Please see attached Notice of rejection along with my appeal towards the case. Should they not have considered any of their previous decisions as to show lenience as a precedent has been established, should they have not considered as cancelled my PCNs as well ?

Does anybody know what chances would I have if I take this to London Tribunals for an adjudicator to have a second look ? Am I just wasting my time ?

I would still do it since I don't have the money to pay them and this would grant me about to 2 months at best case scenario before they send in the bailiffs to collect ? Problem is I would then pay £160 each for a total of £320 ....

Attached my appeal and their response to my appeal as well some evidence I have had to submit at the time. For some reason the time stamp on the block summitted as evidence was wrong however now showing right (it was suppose to be 7AM not 9AM).

Please leave your opinion or advice below if anyone encountered this before ?

What do you reckon is the best course of action ?

Thanks in advance to anybody reading this.

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They are the same contravention however in a different location. Circumstances slightly different.

Question still remains: Are they not obligated to respect a precedent ? in same circumstances why is this different ?

Just to make it easier:

PCN: HZ91637553
REG: YC09OWH

Do I have any chances running with my defense via quoting a previous situation (as I know they are called precedents)

I think I found around 2-3 cases similar on this site when I made my appeal.


Also please have a look below, on the links below to see more on this matter, if you might want to see about their initiative, and if its about clean air or getting millions of PCNs out.

https://www.telegraph.co.uk/news/2024/03/30/hammersmith-fulham-council-ltn-pcn-fines-one-million-month/

https://www.dailymail.co.uk/news/article-13258791/Motorists-stung-1million-fines-hated-Low-Traffic-Neighbourhood-Hammersmith-Fulham-blamed-causing-problems-elsewhere.html   

Please let me know if you have any idea on the precedent situation.

Just as reminder the case I used in my initial appeal was:

Rinat Bikatov v London Borough of
Waltham Forest Case no. 2120030405

Question still remains: Are they not obligated to respect a precedent ?

No, and neither is there any obligation at London Tribunals to respect precedents.

I would still do it since I don't have the money to pay them and this would grant me about to 2 months at best case scenario before they send in the bailiffs to collect ? Problem is I would then pay £160 each for a total of £320 ...

Think again.

If bailiffs arrived at your door they'd be demanding (£160+£80+£10+£75+£235+£160+80+£10+£75) = £885.

£160 - the standard penalty;
£80 - the surcharge of 50%;
£10  - court registration fee;
£75 - bailiff compliance fee;
£235 - bailiff enforcement fee.

Hi,

Yes I was looking at only getting 2 months extra, not looking at bailiff procedures, however not being paid like some at Croydon council with £726/ph it just piles on my poor situation making it even harder to pay, raising my stress levels and having just another bit to deal with. But having been in contact directly with someone dealing in the field (from this website) Mr Ivan (ivanleo@gmail.com) with these and chances to win are silm 50-50 at best from what I gather and that is if they make a technical error and pull out something called a wrong traffic order ...

After the fee, if we win (and it's a big if) plus all the effort and fact I might need to waste some more time in the tribunal to testify and whatever else legal procedures, it makes more sense to just pay them.

It's not fair, it's discriminating, however life's not fair. I might just have to add another minus to my almost finishing overdraft and pay the £160 (for the pair).

I was just looking forward to a couple of questions, if precedent is being applied, answer being no, my defense is about 0. And as for height of the sign, that would only apply to one of them. Losing one and winning another leads to same results....


I'll give it until Thursday see if anybody comes with any ideas for how I can appeal and win, if not will just add another minus on top of all the minuses on the card.

Thanks for your input.