Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: DontStandForNonsense on February 11, 2024, 05:03:29 pm
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@DontStandForNonsense which council is it?
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Which Council and a GSV link to the location please.
What date are you alleged to have made this contravention? If you entered a pedestrianised zone when prohibited I would expect them to issue and post a Penalty Charge Notice. Have you got one?
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Hiya,
It was an email.
We have a mobile catering business on a pedestrianised high street and a department at the council responsible for permitting us to trade sent me the email (copied below)
Subject "Illegal Manoeuvre"
Body:
"Hi ,
An officer of the council witnessed you using a junction when it was closed to vehicles (denoted by the bollard being up). Please can you provide an explanation for this.
Your actions have prompted an investigation into another bollard being installed to prevent such manoeuvres in the future, but, of course, we do not expect our street traders to conduct themselves in this way.
Kind regards,"
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Please review the "Read This First" (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/) post at the top of the forum.
How did you receive the "accusation"? A notice through the post or was it an email (you mentioned an attached file)?
Please post up, whatever you received, on the forum. Just redact your name & address and email address where present. Please leave everything else visible.
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Hello everyone,
There is an accusation levelled against me (or our driver) by a council department, that I was witnessed by a council officer (they did not say what sort of officer - could be a bin man for all I know) that I committed an 'Illegal Manoeuvre' and have summoned me to provide an explanation.
Now I thought the description sounded pretty harsh. Correct me if I'm wrong, but wouldn't that mean I or the driver had committed a crime?
They provided no further evidence or details in terms of location, date or time, except to say that I had used a junction when it was closed to vehicles (denoted by a bollard being up) They attached a file that I could not open so I replied asking them to provide me with the location, date and time.
There is a pedestrianised zone that has restricted access to vehicles needing to load/unload, but the council team responsible for placing the bollards to obstruct access often do so earlier than the prescribed time and obstructed access with their own vehicle while waiting to do so.
When they reply to me, It will be clear if that is the area they are referring to, but I did not receive any parking tickets to say a contravention occurred.
Could someone please explain if driving around a bollard constitutes a crime and can be labelled an illegal manoeuvre?
Many thanks in advance