Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: privates on January 24, 2024, 12:18:52 pm
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As far as I am concerned, this case is now closed.
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@privates Date of hearing please?
I have just checked the portal and the hearing date was set for 14th May. Fortunately, they did not contest.
I am not prepared to be embarrassed in this way. Nevertheless, I think a costs application is in order.
Appellants MUST inform their representatives of all developments. And so should the EA and Tribunal.
Re NOR: https://ibb.co/h1vj4Gh
Who is the signatory. James Beaton is the guy who signed off the DNC. I need to know.
Is there any steps you may need me to take regarding this?
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@privates Date of hearing please?
I have just checked the portal and the hearing date was set for 14th May. Fortunately, they did not contest.
I am not prepared to be embarrassed in this way. Nevertheless, I think a costs application is in order.
Appellants MUST inform their representatives of all developments. And so should the EA and Tribunal.
Re NOR: https://ibb.co/h1vj4Gh
Who is the signatory. James Beaton is the guy who signed off the DNC. I need to know.
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I will e mail privates now.
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PM sent/done. Is this a conflation? I will have to ask the Chief Adjudicator. ;D
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@privates wait for Hippocrates to PM you, he'll sort this out for you.
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@cp8759: got your message, yes I do.
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@privates well the rejection is nonsense and also gives you further grounds to appeal on the basis of a failure to consider.
@Hippocrates do you have capacity? If not I can pick this one up.
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Reply with rejection for the following reasons :
https://ibb.co/h1vj4Gh
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wanted to know if there is any grounds of appeal for this PCN?
The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.
Dear Sirs
Ref: PCN VRM
I make this collateral challenge against the PCN as it departs very substantially from the statutory scheme because it not only incorrectly states the 14 days and 28 days periods in which to pay, but also it expresses the latter period in two conflicting ways.
Therefore, please cancel the PCN forthwith.
The legislation, of which I am sure you are aware, is here:
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
8(a)(iii)
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
Similarly, the 14 days period is also incorrect.
iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
I believe it would be eminently sensible to resolve this matter now without the need for independent adjudication.
Yours faithfully
Name
Address
Sent through just now - Appreciated !!!
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@privates go with Hippocrates's draft, frankly as long as you don't miss the deadlines you can't really lose a case like this.
However you know that the post is hit and miss with your letterbox, so do not rely on the postman. You need to keep checking the council website to see what stage the PCN is at.
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wanted to know if there is any grounds of appeal for this PCN?
The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.
Dear Sirs
Ref: PCN VRM
I make this collateral challenge against the PCN as it departs very substantially from the statutory scheme because it not only incorrectly states the 14 days and 28 days periods in which to pay, but also it expresses the latter period in two conflicting ways.
Therefore, please cancel the PCN forthwith.
The legislation, of which I am sure you are aware, is here:
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
8(a)(iii)
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
Similarly, the 14 days period is also incorrect.
iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
I believe it would be eminently sensible to resolve this matter now without the need for independent adjudication.
Yours faithfully
Name
Address
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@privates
Wakey wakey Hippo! The PCN is pants: date to pay is expressed in two different ways! PCN is a nullity therefore.
https://ibb.co/qyYXcf7
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
8(a)(iii)
(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
Similarly, the 14 days is also incorrect.
iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
Happy to do this one for you if it goes to the Tribunal.
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That sign is not a 'turn left' sign, i.e. item 1 not item 2 in the Part 2 sign table:
https://www.legislation.gov.uk/uksi/2016/362/schedule/3/made
Compulsory turn left (item 2) signs can be found durther along Savile Row.
Whether an adjudicator would attach much weight to this distinction, I don't know.
This BMW seems to have more than its fair share of motoring misfortune judging by current threads.
It does unfortunately.
The sign I believe they're referring too is the turn left signal on the road..
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That sign is not a 'turn left' sign, i.e. item 1 not item 2 in the Part 2 sign table:
https://www.legislation.gov.uk/uksi/2016/362/schedule/3/made
Compulsory turn left (item 2) signs can be found durther along Savile Row.
Whether an adjudicator would attach much weight to this distinction, I don't know.
This BMW seems to have more than its fair share of motoring misfortune judging by current threads.
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I don't see any signs.
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wanted to know if there is any grounds of appeal for this PCN?
Well, none whatever for the contravention itself, as you ignored a left turn arrow: -
https://maps.app.goo.gl/deFHbcFWf3WmF3r56
The PCN may contain fatal errors, although I see none, but I'm not totally up-to-speed on the LLA & TfL Act 2003, so see what the others say. You could of course, submit reps on the basis that nothing in their video or photos shows the sign you ignored.
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Hi,
wanted to know if there is any grounds of appeal for this PCN?
https://ibb.co/L1PB8SS
https://ibb.co/GMVMX3Q
https://ibb.co/6D0rgsp
https://ibb.co/sJgHtv9
https://ibb.co/qyYXcf7
https://ibb.co/dDxVTQh
https://ibb.co/4pppfN1
These are also followed by video evidence of the PCN.