Author Topic: Wandsworth - 50R Performing a prohibited turn (no right turn) - Boundaries Road Jct. Chestnut Grove  (Read 1412 times)

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Posting on behalf of my uncle.

Reg: YM67XGV

Ticket 1:
- 04/09/2024 8:34
- WA90977945

Ticket 2:
- 05/09/2024 8:23
- WA90985976

Ticket 3:
- 09/09/2024 8:28
- WA9101400A

Ticket 4:
- 10/09/2024 8:29
- WA91019692

He received 4 of these tickets - by the time he received the first, the other 3 were already on their way.

Received tickets due to turning right into chestnut grove road during prohibited hours.

This is a relatively new restriction - he does this route for school pick-up (he assists with dropping and collecting disabled children to and from school and has done so for years) so he only received the penalties with school starting.

Now that he has received them, he does say the sign is visible (it is not available on google maps yet).

Does he have any grounds?

https://ibb.co/b3L7jX9
https://ibb.co/SrhpV1B
https://ibb.co/fkQJt1k
https://ibb.co/5rPStnG

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Also I've just noticed when I go to challenge the PCN, on the website it says "You cannot currently challenge the PCN" though it does allow me to go on and challenge it anyways.

https://ibb.co/MB5FCP6


Our usual approach if there is no way to challenge a sequence of PCNs like this is to pay the first and ask for discretion on others incurred before the first was received. Some councils play ball on this although may not cancel all.

Here are first two - I can't see any signage but this is a no right turn not a zone entrance.

Order:
https://www.thegazette.co.uk/notice/4556255

It's a timed ban:
(a) no person shall cause or permit any motor vehicle proceeding in Chestnut Grove to turn right into Boundaries Road between 7am and 9am and between 3pm and 6pm on Mondays to Fridays inclusive;

Can you take pics of sign|(s) and any advance signs.


« Last Edit: September 21, 2024, 10:42:06 am by stamfordman »

+1
to SFM's response.
Main thing is not to be confrontational in your reps. Make sure you mention the public-spirited nature of the journeys that gave rise to the PCNs (2.3. & 4), also mentioning you accept a mistake was inadvertantly made, but you weren't aware of the offence until the first PCN arrived, by which time a further four had been committed. Point out that PCN 1 has been paid, as you accept your error.


I challenged on behalf of my uncle, using my name.

Apparently they sent me an email which I have now found in spam but no physical letters.

The email said as I am not the registered keeper, I need to tell the registered keeper to contact them within 14 days of receiving the letter to give authority to myself to challenge the PCNs.

Unfortunately they sent that on 14/10/24 and I only know now because my uncle has received the charge certificates.

What should I do now?


I'm going to send them the authorisation letter they requested but also file a TE9 form as I technically did not receive a formal rejection for the challenges.

Is that the correct route?

I'm still waiting for the order for recovery. Is there a quicker way to check it has been filed aside from calling (can never get through).

I'm still waiting for the order for recovery. Is there a quicker way to check it has been filed aside from calling (can never get through).
Yes, there is, (or should be).

The council web page stating the amount owing will increase by £10 when the debt is registered. The £10 is the TEC registration fee.

These PCNs have still not been registered. How long do the council have to do this?

The council did not register these in the end and responded to my earlier challenges (submitted by my cousin).

I think we will take this to tribunal but I don't see how to? Usually a code is given in the letter.

https://ibb.co.com/mz1sWL6
https://ibb.co.com/RSP4mr6

For convenience:




So the options open to you now are: -

1.Pay the re-offered discount - £65 x 2 = £130

2. Wait for the Order for Recovery, submit a Statutory Declaration which allows one of these circumstances to be selected: -
Quote
0   I did not receive the:
   Notice to Owner (Parking contravention) or
   Enforcement Notice (Bus lane contravention) or
   Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)
0   I made representations about the penalty charge to the local authority concerned within 28 days of the
         service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection
         notice.
0   I appealed to the Parking/Traffic Adjudicator against the local authority’s decision to reject my
        representation, within 28 days of service of the rejection notice, but have had no response to my appeal.

If none of these apply, then the first option is best, in my opinion.

I'm not sure if any apply.

The council received the reps I made within 28 days of the PCN service dates. But as I was not the registered keeper, they sent an email which ended up in my junk (no physical letter) asking for a letter of authorisation. Since it was in my junk mail, we received charge certificates.

We emailed a letter of authorisation and waited for them to register the tickets but they did not and sent the latest.

In the latest, they say I did not send reps, but then address part of my reps later with regards to my uncles pick up and drop offs of sen children.

So according to them I have not sent reps due to no letter of authorisation at the time but they have considered my reps anyways, not in the usual way but to re-issue the discount but remain at the stage of no opportunity to appeal further due to no reps.

Can they really say they did not receive no reps because I wasn't authorised at the time? I'd at least expect a rejection.