Author Topic: TILLING ROAD NW2  (Read 708 times)

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Re: TILLING ROAD NW2
« Reply #15 on: »
In my view the PCN is missing mandatory information.

I make this collateral challenge against the validity of the PCN as it does not state mandatory information provided at 4(8)(v) of

https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted

which in turn refers to 4(8)(iii). Therefore, the PCN is not clear in terms of when to pay.

If I represent you, I will file the skeleton argument on time. It is irrelevant whether, therefore, this has been raised before as long as it is adduced in time before the hearing.

*****

The NOR correctly states the date in which to make an appeal. What is its date please?

The TMA header is wrong. Therefore, one can argue they have not considered properly.
« Last Edit: July 28, 2025, 10:26:42 pm by Hippocrates »
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
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Re: TILLING ROAD NW2
« Reply #16 on: »
Thank you so much and apologies for the delay in response. The letter was dated 15th July and states 28 days for appeal.

In terms of the appeal is it two pronged now as I understood your message to be somewhat different from the original grounds?

Re: TILLING ROAD NW2
« Reply #17 on: »
On it.
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
Agree Agree x 1 View List

Re: TILLING ROAD NW2
« Reply #18 on: »
The governing legislation in this case is the London Local Authorities and Transport for London Act 2003 which provides as far as is relevant that:

[a Notice of Rejection]

must—

(a)state that a charge certificate may be served under paragraph 5 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—

(i)the penalty charge is paid; or

(ii)the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge; and

(b)describe in general terms the form and manner in which such an appeal must be made,


and

1)Where an enforcing authority serve a notice of rejection, the person who made the representations under paragraph 1 above in respect of which that notice was served may, before—

(a)the end of the period of 28 days beginning with the date of service of that notice; or

(b)such longer period as a traffic adjudicator may allow,

appeal to a traffic adjudicator against the decision of the enforcing authority.

The NOR in this case refers to these timed periods as follows:

..pay within 28 days of the date of service of this letter;

.you may now appeal within 28 days of the date of service of this letter;

If you do not pay or appeal withi 28 days of the date of this letter then ..
..we may serve a Charge Certificate.


'Within' in this contect means from the date of.

With respect, every reference to 28 days in the NOR is incorrect.
« Last Edit: August 04, 2025, 09:51:04 am by H C Andersen »
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Re: TILLING ROAD NW2
« Reply #19 on: »
The governing legislation in this case is the London Local Authorities and Transport for London Act 2003 which provides as far as is relevant that:

[a Notice of Rejection]

must—

(a)state that a charge certificate may be served under paragraph 5 below unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—

(i)the penalty charge is paid; or

(ii)the person on whom the notice is served appeals to a traffic adjudicator against the penalty charge; and

(b)describe in general terms the form and manner in which such an appeal must be made,


and

1)Where an enforcing authority serve a notice of rejection, the person who made the representations under paragraph 1 above in respect of which that notice was served may, before—

(a)the end of the period of 28 days beginning with the date of service of that notice; or

(b)such longer period as a traffic adjudicator may allow,

appeal to a traffic adjudicator against the decision of the enforcing authority.

The NOR in this case refers to these timed periods as follows:

..pay within 28 days of the date of service of this letter;

.you may now appeal within 28 days of the date of service of this letter;

If you do not pay or appeal withi 28 days of the date of this letter then ..
..we may serve a Charge Certificate.
[/color]

'Within' in this contect means from the date of.

With respect, every reference to 28 days in the NOR is incorrect.

https://www.ftla.uk/index.php?action=dlattach;topic=7007.0;attach=20293;image

No it does not state this.

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