Author Topic: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate  (Read 2292 times)

0 Members and 408 Guests are viewing this topic.

Hi,

Sending for a friend. They have just received a Charge Certificate for £195.00 for entering a Pedestrian Zone (School No Vehicle Area).

She was surprised to find it was £195.00 but had not received the initial PCNs.

She has since reviewed the footage and went into the road to turn around 3 point turn.

Is there anything that can be done with this?




[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #1 on: »
Sorry,  forgot to add location

https://maps.app.goo.gl/XdozRKGbj1gfVp978

And stills of video attached



[ Guests cannot view attachments ]

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #2 on: »
@Iaali2 she needs to follow the steps detailed here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/

Once the traffic enforcement centre has issued the revoking order let us know and we'll explain the next steps.
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

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #3 on: »
Is it just me, or are we seeing rather a lot of cases where the first document received is the CC ? Receiving the CC implies the V5 address is correct, so one has to wonder what happened to the other statutory documents.  Were they even sent out at all ?

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #4 on: »
It wouldn't surprise me if they weren't,  but I know Royal Mail isn't running as efficiently as in the past too

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #5 on: »
Letter has been received for the next stage.  Attached

[ Guests cannot view attachments ]

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #6 on: »
@Iaali2 that's not a statutory document for the next steps, it's a scare-letter design to make you give up and pay.

You need to ignore it and follow the instructions here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/

Do not contact the council.
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

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #7 on: »
This has now been received from the county court


https://drive.google.com/file/d/1M3lzCzGtfBEXJByLV04y8SyUo7Qzucc5/view?usp=drivesdk

What's the next step? Or is it best she pays the original fine?
« Last Edit: June 28, 2024, 12:53:39 pm by Iaali2 »

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #8 on: »
You now wait and see what the council do

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #9 on: »
I'd be a bit more proactive than that. The revoking order was served on 26 June, so the council has until 23 July to serve a new penalty charge notice.

Keep an eye on the outstanding amount on https://parking.newham.gov.uk/ (it's still showing as £205 today) and let us know if it changes to £65. If it does, you might as well make representations against the original PCN (you can make representations even if the physical PCN has not been received yet, as long as you know that it's been issued).

In the meantime I'll get hold of the traffic order.
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

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

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #11 on: »
@Iaali2 if the PCN has not gone down to £65 then the council has missed the deadline to serve a new PCN, so any further PCN they might serve would be out of time.

I would suggest forcing their hand by making a formal complaint about the lack of progress.
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


Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #13 on: »
@Iaali2 this is very simple, go to https://parking.newham.gov.uk/ and make the following representation:

Dear London Borough of Newham,

The County Court issued a revoking order which was served on you on 26 June 2024, so you had 28 days from that date to serve a fresh PCN. That 28 day period expired on 23 July but a new PCN was issued on 21 August, so it was served on 23 August which is one month out of time.

In light of this the penalty charge notice you have now reissued is invalid and must be cancelled. At risk of stating the obvious, if you issue a templated notice of rejection that doesn't deal with this at all and simply drones on and on about the contravention, then I will file an appeal and contend that your notice of rejection is wholly unreasonable. This is because no reasonable authority which properly applied its mined to the issue of the limitation period could come to the conclusion that the PCN issued on 21 August was not out of time, indeed such a decision would be Wednesbury unreasonable.

A decision that is Wednesbury unreasonable is wholly unreasonable, therefore if you issue a notice of rejection forcing me to take this matter to the tribunal, I will contend that the tribunal should award me the costs of the proceedings. I will require you to pay my costs even if you do not contest the appeal.

Yours faithfully,

Keep a screenshot of the confirmation page and let's see how they respond.
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

Re: RE: LBN Code 53J Entering Pedestrian Zone - Charge Certificate
« Reply #14 on: »
+1 plus their grounds:

Enter Your Notice Details
Please refer to the 'Notice to Owner' letter for guidance when completing this online representation form.

Representation Reason

Select an option which represents your reason for challenging this notice.

A

The alleged Contravention did not occur
B
I was not the owner of the vehicle at the time of contravention

As I had sold the vehicle before that date

As I had bought the vehicle after that date

As I have never owned that vehicle
C

The vehicle was taken without my consent
D

We are a hire firm and have supplied details
E

The Penalty Charge exceeds the relevant amount
F

There has been a procedural impropriety by the Enforcement Authority
G

The traffic order contravened is invalid
H

The Notice should not have been served because the Penalty Charge had already been paid
I

Other
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r