Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Emma Parsons on February 28, 2024, 11:39:32 am
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Please start your own thread.
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Hello All,
We have just received a PCN for exactly the same contravention described in this thread i.e. turning into New Park Road (D), recorded on August 26th.
From the last messages, it looks like the once solid defence of Lambeth not having GLA consent is no longer valid, at least until March 2025.
Have I understood correctly?
Is there any other chance of appealing it or should I cough up while it's still in the discounted period?
Thanks!
Steve
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Problem is: they are being far too well-educated. ;)
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Well for the first time every they turned up with written consent from TFL, and the arguments on the signage were also rejected, outcome here (https://drive.google.com/file/d/1PyHO_YzZfFBgEb5d72SckzWHNXsv9Efr/view).
Oddly the consent is time-limited so it expires on 4 March 2025, we'll have to see if they renew it and if so, on what terms.
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Well nothing in the rejection really makes a difference, this case can be easily won on the GLA side road argument. I've dropped you a PM, if you'd like me to act as your representative please follow the instructions and we can take it from there.
Whatever you decide I would not pay the council as they have little hope of enforcing this.
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page 2
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Hi,
Pls see attached.
Thanks
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Hi thanks for this however I had to appeal which has been rejected
No, your representation to the council has been rejected, but the council always rejects everything so that doesn't really mean much. I did an appeal to the tribunal for 8 PCNs at this junction last week and the council didn't contest any of them.
Please can you post up the rejection?
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Hi thanks for this however I had to appeal which has been rejected. I appealed because the signage was inadequate and since my alleged contravention new signage had been put in place. They rejected this saying that there was adequate signage that illuminates etc. I did a foi request and the illuminated signage was erected on 1 March when my alleged contravention was on 12 February. Not sure how the adjudicator feels about Lambeth Council misleading people on appeal rejections and whether it is worth going down this route.
So the external adjudicator appeal form has 'The contravention alleged by the Authority on the PCN did not occur' box. Shall I tick that?
Thanks for any advice - I'm in contact with someone who also got a PCN at this junction.
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@Emma Parsons this is an easy win as it's a GLA side road, so it can be beaten on the same basis as these cases:
William Samuel v London Borough of Lewisham (2220837736, 13 December 2022) (https://drive.google.com/file/d/1rkXPKBwfCqBNvhczMr1Z9CV7VT3X0kDi)
Commercial Plant Services Ltd v London Borough of Lambeth (2230127577, 15 March 2023) (https://drive.google.com/file/d/1i863mRDrHLpxZ672f2gLm5LpVT-6w3C0)
Maurice Luftig v London Borough of Hackney (2230151491, 15 April 2023) (https://drive.google.com/file/d/1o5ghOppdi_QJGhdzeZB-Dyt3wZAln6sX)
Robert Greens v London Borough of Lewisham (2230366024, 11 September 2023) (https://drive.google.com/file/d/1DKQOAaxhL8UBqZ3J1cOIjBSX_GdJkKiQ)
Stanmore Quality Surfacing Ltd v London Borough of Hackney (2230441786, 28 November 2023) (https://drive.google.com/file/d/1InZNVfeMXUIKcYRkb9VV0fnHciZnhdgj)
For now please make a representation saying the contravention did not occur, and let me know when you get the rejection.
Please tag me when you reply, I don't want you to miss any deadline as happened for the TFL PCN.
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Apologies Here is the second sheet pages 3 and 4
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Hi. There is only one representation and we need the other page please.
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Hi,
I, unfortunately, went through the new LTN at Streatham Place, South Circular - any ideas on the first representation.
Thanks in advance
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