Nothing from the council yet from what I can see in the portal. They haven't uploaded any evidence whatsoever. What is the latest I should leave this to expect a hearing to either take place or not?@YoungDigga You want to check the portal every day in the 7 days prior to the hearing. If something gets uploaded during the last 7 days, you can call the tribunal call centre and request a reschedule (I'd suggest postponing the case as much as possible in this scenario, you can move the case by up to 28 days). If on the afternoon of the day before the hearing they haven't uploaded anything, you'll normally get a call from the tribunal confirming that the hearing is cancelled.
Did you send your request to the lt.reception mailbox as stated on the scheduling letter?
Has the council contested the case?
I have submitted a request to have it done virtually/telephone if possible so hopefully this makes it easier for someone to represent.Did you send your request to the lt.reception mailbox as stated on the scheduling letter?
@YoungDigga did you write to the hire and if so did you get a response?
I am writing to appeal the two Penalty Charge Notices (PCNs) that I received for contravention 47J - Stopped on a restricted bus stop or stand (camera enforcement) at Millennium Way in Royal Borough Greenwich.
Firstly, I would like to bring to your attention that there is an insane amount of road work going on at the location where I received the PCNs. All the usual pickup/dropoff spots were coned off and there were roadworks in the suggested car park location that the O2 Arena suggests using. As someone who used to live around the area, I recall this so-called "bus stop" being a pickup/dropoff location. Therefore, I was unable to see the double yellow lines either side of this bus stop because they were coned off.
Furthermore, I have never received two PCNs on the same day before, but from what I have read, they should be treated as one due to receiving them both at the same time. From searching online, I see that people usually receive a warning notice first, but this was not the case for me. While I understand that the council is not obliged to issue a warning notice, it is a shame given the circumstances as I am not sure where else I could possibly pickup/dropoff there.
Additionally, my car is on a long-term lease, and the transfer of liability here appears to be invalid. My lease company first notified me of the PCN via email and wrote a letter to RBG with a third-party authorisation letter. However, I do not see a valid hire agreement attached to my PCN, so I believe liability cannot lawfully be transferred to me.
In light of the above, I kindly request that you cancel the two PCNs that I received. I look forward to hearing back from you soon.
Thank you for your time and consideration.
Okay so I got the notice of rejection is there a template or another post you can point me to in order to best challenge the transfer of liability at tribunal?@YoungDigga did you write to the hire and if so did you get a response?
Okay so I got the notice of rejection is there a template or another post you can point me to in order to best challenge the transfer of liability at tribunal?
Please post the pics of the notice or rejection
Usually you should do the Tribunal appeal online and request in / person or telephone hearing and just say "I rely on my formal representations and will provide further detail on review of the council evidence bundle". Then wait for the evidence bundle as they could just decide not to contest
Okay so I got the notice of rejection is there a template or another post you can point me to in order to best challenge the transfer of liability at tribunal?
Dear Sir/Madam,
I am writing to appeal the Penalty Charge Notice (PCN) issued to me on 06/02/2024 for 47J - Stopped on a restricted bus stop or stand. I believe that I have grounds for appeal based on the fact that the liability for this PCN should not lie with me, but rather with the owner of the vehicle, [insert name of leasing company].
As the lease holder of the vehicle in question, I contest the transfer of liability to me for the following reasons:
1. Failure to provide evidence: There is no evidence to suggest that I was driving the vehicle at the time the PCN was issued. Without such evidence, it is unfair to hold me liable for the penalty.
2. Breach of contract: The terms of my lease agreement with Mercedes-Benz Finance do not make provision for the transfer of liability for PCNs to the lease holder. Therefore, I believe that the transfer of liability in this case constitutes a breach of contract.
3. Non-compliance with regulations: My lease agreement does not satisfy the requirements set out in The Road Traffic (Owner Liability) Regulations 2000, which state that a statement of liability signed by the hirer must be included in any lease agreement where the owner of the vehicle seeks to transfer liability for PCNs to the lease holder. As such, I believe that the transfer of liability in this case is invalid.
In light of these points, I respectfully request that the PCN be cancelled.
Thank you for taking the time to consider my appeal. I look forward to hearing from you soon.
Yours sincerely,