3. ULEZ non payment PCN Main Road Biggin Hill
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Author Topic: ULEZ non payment PCN Main Road Biggin Hill  (Read 3949 times)

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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #45 on: »
I've received a notification from the adjudicator that the case (regarding both PCN's) has been allocated to a postal hearing
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #46 on: »
Quote from: BH1001 on March 31, 2024, 10:37:59 am
I've received a notification from the adjudicator that the case (regarding both PCN's) has been allocated to a postal hearing

The standard advice on this forum is never, ever, opt for a postal hearing. You cna telephone the Tribunal on Tuesday and ask for it to be changed to personal/telephone.

As you case seems quite complicated, hopefully one of the kind experts here will be along soon with an offer to represent you.
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #47 on: »
Oh I see

I hadn't realised and nobody mentioned this when I posted my appeal here for the experts to review

You live and learn!
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #48 on: »
Your personal hearing can be held over the phone if you ask them.
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #49 on: »
Can I ask why a personal hearing is preferable to a postal one?
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #50 on: »
With the written word the adjudicator has to decide its meaning in the event of any uncertainty. There is no opportunity for those areas to be clarified.

In a personal hearing the opportunity exists to clarify these areas.
« Last Edit: March 31, 2024, 02:10:49 pm by slapdash »
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #51 on: »
I see - thanks
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #52 on: »
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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: ULEZ non payment PCN Main Road Biggin Hill
« Reply #53 on: »
Okay thanks for the heads up
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #54 on: »
Quick update:

I've received a letter from TfL notifiying me that they are cancelling the 2nd PCN due to an 'administrative error'.

I've requested a telephone hearing for the original PCN (i.e. the one that I've posted up) and I'm awaiting confirmation of the date and time

 
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #55 on: »
@BH1001 can you please post up the notice of rejection, and the case history from evidence item D? There might be a flaw in the notice of rejection word that we can exploit.

If you don't have the evidence in PDF form, you can call the tribunal and they will email it to you on request.
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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: ULEZ non payment PCN Main Road Biggin Hill
« Reply #56 on: »
Okay

I called the London Tribunal and I've been informed that they have not been notified by TfL that one of the PCN's was being cancelled.  I had to point to advisor to the paragraph in the Case Summary document which makes reference to this.  The advisor said that they will be informing their line manager of this development.  I had called for a copy of the letter that TfL sent notifying me that this PCN had been cancelled but, naturally, they have not been able to provide this as TfL have failed to inform them of this development.  Unfortunately my OH tossed the letter away so I do not have a copy myself.  I do recall that they had said that an administrative error had been made and that they had informed the London Tribunal of this, but that has turned out not to be the case.  I've requested a copy of that letter from TfL and they've told me that a copy has been generated and will be sent in the post - I'll post a copy of that up when it arrives.

The advisor was also able to share that the hearing has been scheduled for 24th of this month and that a letter is in the post confirming this - it hasn't arrived yet but as soon as it does I will post those details here as well.
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #57 on: »
@BH1001 sorry to tell you but you're taking a bit of an old-fashioned approach to everything, it is 2024 after all.

First and foremost, call the tribunal first thing and ask them to change the comms preference from post to email, this way you'll get updates from the tribunal at the same time as TFL, rather than a week or so later (Royal Mail isn't what it used to be). You can then ask them to email you a copy of the scheduling letter and you'll get it immediately, rather than some time maybe never.

Secondly as for the cancelled PCN, you can simply look it up on https://tfl.gov.uk/modes/driving/challenge-a-pcn (if it's cancelled, take a screenshot).

I had also asked to see the notice of rejection because some of TFL's wording is flawed, see these cases:

Nayeem Haque v Transport for London (2220767288, 15 November 2022)
Mike Welch v Transport for London (2230428700, 18 November 2023)
Lubavitch Synagogue v Transport for London (2230535074, 5 February 2024)
Commercial Plant Services Ltd v Transport for London (2240018512, 12 February 2024)
Mathew Mathai v Transport for London (2240062219, 15 March 2024)

However I cannot check if this applies to your case as you've not shown us the notice of rejection, so please upload it so that we can take a look.
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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: ULEZ non payment PCN Main Road Biggin Hill
« Reply #58 on: »
Another thing I didn't know I could/should do - you live and learn  ;)

I have found the PCN on the website and it is confirmed there that it has been cancelled.  I have requested a copy of the rejection letter and been advised that this is in the post.

I've updated my comms preferences and received the following by email

"Please be advised your hearing will now be conducted via telephone call as per your request. The adjudicator will call you on 24/04/2024 at 10:30 to proceed with the hearing".

How do we arrange for an advocate/advisor to be on the call?
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Re: ULEZ non payment PCN Main Road Biggin Hill
« Reply #59 on: »
Here's the letter - interesting that it mentions my representations when I never actually appealed this one

https://imgur.com/a/U1KH6We
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