Author Topic: Rivercourt Road and Enterprise H&F  (Read 141 times)

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Re: Rivercourt Road and Enterprise H&F
« Reply #15 on: »
The photographs show a lot more signage than we have previously seen in earlier cases.

I have put a list below of some of the more useful threads on Rivercourt Road on case you have missed any. You should find some of them useful in drafting your appeal.

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As you have seen, this is well-known here. Have a look at these threads

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lbhf-pcn-52m-failing-to-comply-with-a-prohibition-on-certain-types-of-vehicle-m-/msg117174/#msg117174

https://www.ftla.uk/the-flame-pit/rivercourt-road-the-tmo/msg80972/#msg80972

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hammersmith-and-fulham-code-52m-failing-to-comply-with-a-prohibition-on-certain-/

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/52m-failing-to-comply-with-a-prohibition-on-certain-types-of-vehicle-rmv-riverco/

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/rivercourt-road-pcn-x2/

The last has links to other threads which are relevant.

Our member, @Bustagate has also produced a useful set of notes -
https://www.busgates.uk/locations/rivercourt-road
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Is it going to cost or is it tricky going to tribunal?

There are no additional costs (other than time) in going to Tribunal. The important thing in registering an appeal is to ask for a personal (= 'phone or videolink) hearing.  Should you lose the appeal, you are liable for the original undiscounted PCN penalty.
BUT

AFAIK, no case has yet reached London Tribunals, with H&F folding (often at the very last moment). It's as if they are afraid of an adverse tribunal decision.

Re: Rivercourt Road and Enterprise H&F
« Reply #16 on: »
Thank you both for tge replies, really helpful.

That signage was definately not there when I drove down, no advanced warning at all.

Hopefully they do give in. Will get a taxi in the future lol

Re: Rivercourt Road and Enterprise H&F
« Reply #17 on: »
Afternoon just sendinh my appeal online didn't realise there were restrictions or criteria in which you can appeal. I assume this is for moving (contravention:failure to comply for vehicles)

If so this restricts me slighty. Contravention did not occur for parking appeal mentions no proper signage. Same contravention only mentions no failure to comply with a traffic sign. Dont want to fall at the first hurdle. Do I also add I was not the owner?

Thanks

Re: Rivercourt Road and Enterprise H&F
« Reply #18 on: »
Sorry I meant the same contravention only states the above the wording is very different

Re: Rivercourt Road and Enterprise H&F
« Reply #19 on: »
OP, I'm still unclear.

This question needs addressing: who is liable for the penalty charge?

Read this from another moving traffic appeal:

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londontribunals.org.uk


If your vehicle subject to a hiring agreement i.e. one which has a term of LESS than 6 months?

If yes, then subject to Enterprise complying with The Road Traffic (Owner Liability) Regulations 2000 they may transfer liability under the 'vehicle subject to a hiring agreement etc.' ground.

If it's leased then they MAY NOT transfer liability under this ground. See page 13 here: https://www.londontribunals.gov.uk/sites/default/files/ETA%20Annual%20Report%202022%20-%202023.pdf


Re: Rivercourt Road and Enterprise H&F
« Reply #20 on: »
Sorry ignore the ask about ownership as it was another grounds for appeal but looks like it isn't relevant and I wasn't leasing.

 So guess just asking to select the correct contravention as it seems like moving. In that case my appeal may be automatically rejected given what the criteria is

Re: Rivercourt Road and Enterprise H&F
« Reply #21 on: »
No.
Step 1 - can they prove a contravention (their signage has been an issue in the past);
Step 2 - who may be held liable.

UNLESS they have supplied the council with ALL the evidence required under the Transfer of Ownership etc. regs, then the council MAY NOT transfer liability from Enterprise to you.

Re: Rivercourt Road and Enterprise H&F
« Reply #22 on: »
Well I can prive that signage was not there at the time so the onus is on them to prove the date as that was put there after I drove there.

Liability has been transfered to me after 6 months (out of time frame) but they still accepted and rejected my appeal when it wasn't. But as it doesn't state I assume I appeal under moving 

Re: Rivercourt Road and Enterprise H&F
« Reply #23 on: »
Sorry realised my original post made no sense

MY PCN

This does not state what it falls under but I assume it is for 'moving'. The contravention on my PCN states:failure to comply..no entry for vehicles)

TRIBUNAL CRITERIA

Parking Contravention

"did not occur .... no proper signage"

OR

Moving Contravention "

(There was) "no failure to comply with a traffic sign"

I guess this is me essentially saying I did comply with the traffic sign under the moving contravention when technically I didn't if I entered the road, I file under a moving contravention.

 But looks like to have wider scope I need to file under parking contravention to state that there was no proper signage. Even though by my deduction it is a moving contravention.

Could I also state on the online and paper PCN there is no other mention of the type of contravention  (than what I mentioned above), so I selected the criteria (and wording) that fit the reasons I was trying to appeal. Or will they throw it out if I select parking?

Hope that is clearer sorry for all my muddled thoughts.




Re: Rivercourt Road and Enterprise H&F
« Reply #24 on: »
Sorry me again is it classed as served out of time if they reissued in my name after 28 days but originally served to me via enterprise. Where they said they wouldn't accept that appeal but eventually did. Hence the lovely letter they sent. Are they confusing me on purpose

Re: Rivercourt Road and Enterprise H&F
« Reply #25 on: »
Liability has been transfered to me after 6 months (out of time frame) but they still accepted and rejected my appeal when it wasn't. But as it doesn't state I assume I appeal under moving

The issue is whether this was done LAWFULLY.

First tell us whether the car was hired for less than 6 months (YES/NO) and then we can take it one step at a time.


Re: Rivercourt Road and Enterprise H&F
« Reply #26 on: »
Ah I see. Thank you. yes it was hired for less than 6 months