3. Stopped where prohibited (on a red route or clearway) West Wickham
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Re: Stopped where prohibited (on a red route or clearway) West Wickham
« Reply #15 on: »
I take your point, and thank you for your knowledge on this case.

At this stage, I’m just a little concerned that if my case were to rely mainly on the wording “within 28 days”, this appears to be standard wording in their letters. That makes me wonder whether there would already be many cases where PCNs have been cancelled on that basis. I assume I cannot be the first person to raise this issue, but I’m not seeing many examples where people have taken this to London Tribunals and been successful on that point alone.

At the same time, may I ask why the faded red lines argument would not be considered particularly strong? When I revisited the location, the line appears to be extremely worn and, at the time of the alleged contravention, the clearer section of the marking was largely obscured by the vehicle in front of mine.

Also, would it be acceptable to raise both arguments when appealing to London Tribunals — namely the issue of the faded road markings and the wording regarding “within 28 days of the date of service”?

Any guidance would be much appreciated.
If this was your personal PCN, would you fold and pay at this point or  take this to London Tribunals?
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Re: Stopped where prohibited (on a red route or clearway) West Wickham
« Reply #16 on: »
this appears to be standard wording in their letters

What letters? You lost the PCN and so the only other correspondence you have is their NoR.

Anyway, what I quoted comes from here..

Duties of an enforcement authority to which representations are made under regulation 5
6.—(1) This regulation applies where an enforcement authority receives representations from a recipient under regulation 5.

(2) The enforcement authority may disregard any representations which it receives after the end of the period of 28 days beginning with the date on which the relevant enforcement notice is served.

(3) If the representations are—

(a)made in accordance with regulation 5(2), and

(b)not disregarded by the enforcement authority under paragraph (2),

the authority must, within the period of 56 days beginning with the date on which it receives the representations (“the 56-day period”), comply with the requirements specified in paragraph (4).

(4) The requirements mentioned in paragraph (3) are that enforcement authority must—

(a)consider the representations and any supporting evidence which the recipient provides, and

(b)serve on the recipient a notice of its decision (a “decision notice”) which states whether or not it accepts the representations made by the recipient.

(5) If the enforcement authority accepts the representations—

(a)it must cancel the relevant enforcement notice,

(b)its decision notice must state that the enforcement notice has been cancelled, and

(c)when it serves the decision notice, it must refund any sum paid in relation to the relevant enforcement notice.

(6) If the enforcement authority does not accept the representations, its decision notice—

(a)must—

(i)state that a charge certificate may be served on the recipient unless within the period of 28 days beginning with the date of service of the decision notice—

I'm struggling to find anywhere where the time periods commence after service, but if you have any as regards the TMA General or Appeals regs, pl show.
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  3. Stopped where prohibited (on a red route or clearway) West Wickham