Free Traffic Legal Advice

Please keep it simple. I have one of my own!

"Ground: the penalty charge exceeded the amount.

The 2003 Act states that representations may be made on “one or other grounds”. Clearly, your website only allows me to choose one ground. This is a clear ambiguity which must be resolved in the favour of the owner. Furthermore, the PCN states: “If the Penalty Charge is not paid before the end of the 28 day period, the charge may increase to £240.00.” Clearly, the period to which this refers is 28 days from the date of the notice. This flies in the face of paras. 5(1) and (2)(a) as provided at Schedule 1 which states that a charge certificate may be issued 28 days from the date of service of the PCN.

I have considered Adjudicator’s reasoning in Adam Jones v London Borough of Havering Case No 2190374806 in adopting this ground of appeal since procedural impropriety is not afforded to an appellant in this legislation.

Considering the above, I ask the the PCN be cancelled. Should you not agree to do so, I am quite prepared to take the matter to the Tribunal.

I would also like to add, that the signage leading into openview isn't very clear, due to the wording and the overgrown tree on approach to the sign on Burntwood Lane, 'please see attached picture of the signage'. it is also rather misleading because not all of Openview is restricted. Only when one gets to Lydiard road that the rest of Openview is restricted. This can lead to much confusion while turning into Openview.

Kind regards."

Does this seem ok?

Use this one yes.

Hi Everyone,
I finally got a reply back from wandsworth council and they rejected my appeal, I just recieved the letter today, seems a bit of a long time for a reply, or does the 56 day time not apply in this case as from my calculations it has been 59 days from my appeal to them writing a notice of rejection.

I have attached the notice of rejection and would appreciate any opinions on the next step please.

Thanks in advance

https://flic.kr/p/2rxYdDb

https://flic.kr/p/2rxYdD1

https://flic.kr/p/2rxYdC9

https://flic.kr/p/2rxTMPL

https://flic.kr/p/2rxZttG

https://flic.kr/p/2rxZoyh

56 days only applies to responses to formal representations against PCNs issued under the Traffic Management Act 2004. Your PCN was served under the LLA & TfL Act 2003.  Yes, legislation on parking and traffic contraventions is a total mess, but don't expect it to be sorted out in your lifetime.

Looking at the restriction signs, I think you might care to add that they are absurdly high, and therefore likely to be missed by motorists.

I'm afraid that we cannot predict the mind of an adjudicator, sorry to say it, except where the circumstances show that there is clearly a slam-dunk win. All signage must be adequate, but unfortunately this is subjective.
Try the words of the Marquis of Montrose.........

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win or lose it all"

I understand Incandescent, of course, nothing is ever 💯. 

I will repost the pcn now.
I don't know why it got deleted from flickr.

https://flic.kr/p/2ryb25r

https://flic.kr/p/2rygDGw

Kind regards

I think the collateral argument needs to be re-thought. In the cited decision, Adams v LB Havering the issue was the wording which included the use of the term Charge Certificate in the same sentence as making representations.

I think Wandsworth have been smart here. Their PCN does not refer to a CC, even less making representations in this context, as indeed is correct, they simply state what's mandated by the Act i.e. if payment is not made within the 28-day period..a period which is stated beforehand, namely 28 days beginning with the date of issue of the notice.

IMO this is distinguished from the cited decision in such a way that I think there is great doubt as to whether you would succeed on this point.