Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: loady on April 07, 2024, 04:03:54 pm

Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: cp8759 on April 26, 2024, 05:46:32 pm
@loady so it turns out the information on the face of the PCN is false, as the council has confirmed that "No PCN production was performed on the bank holiday so there was no collection.", see the full reply here (https://drive.google.com/file/d/1KaSH8wr_ctNnfZVvXCnyBotYdJLBwvoI/view).
Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: loady on April 08, 2024, 06:57:28 pm
Quote from: cp8759 on April 08, 2024, 09:22:04 am
The traffic order is The Kensington and Chelsea and Wandsworth (Albert Bridge) (Weight and Width Restrictions) Traffic Order 2022 (https://drive.google.com/file/d/1icFZN64L-mIK3UVVMaFPrXTWctM9e-G7/view), which doesn't leave much room for argument.

Here's a draft representation:

Dear Royal Borough of Kensington and Chelsea,

I challenge liability for PCN KE98050401 on the ground that the penalty charge notice does not comply with section 4(8)(a)(i) of the London Local Authorities and Transport for London Act 2003, because the notice does not state the limit that has allegedly been exceeded.

Yours faithfully,

Make representations online and make sure to keep a screenshot of the confirmation page.

Thank you! lets see what happens.
Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: cp8759 on April 08, 2024, 09:22:04 am
The traffic order is The Kensington and Chelsea and Wandsworth (Albert Bridge) (Weight and Width Restrictions) Traffic Order 2022 (https://drive.google.com/file/d/1icFZN64L-mIK3UVVMaFPrXTWctM9e-G7/view), which doesn't leave much room for argument.

Here's a draft representation:

Dear Royal Borough of Kensington and Chelsea,

I challenge liability for PCN KE98050401 on the ground that the penalty charge notice does not comply with section 4(8)(a)(i) of the London Local Authorities and Transport for London Act 2003, because the notice does not state the limit that has allegedly been exceeded.

Yours faithfully,

Make representations online and make sure to keep a screenshot of the confirmation page.
Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: cp8759 on April 07, 2024, 05:08:01 pm
Quote from: loady on April 07, 2024, 05:01:03 pm
I best put my cards on the table, this is actually a very good friend of mine who is not PC literate and was just going to pay it and i stopped him so i just posted as if it was me, i hope thats ok, i can get everything you need anyway.
That's fine, can you find out from him when he received the PCN?

The V5C confirms it's a goods vehicle but we'll need to wait for the traffic order. Don't lose track of the representations deadline though.
Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: loady on April 07, 2024, 05:06:03 pm
Quote from: loady on April 07, 2024, 05:01:03 pm
I best put my cards on the table, this is actually a very good friend of mine who is not PC literate and was just going to pay it and i stopped him so i just posted as if it was me, i hope thats ok, i can get everything you need anyway.

Heres the log book..

(https://i.imgur.com/vKSCvoK.png)
Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: loady on April 07, 2024, 05:01:03 pm
I best put my cards on the table, this is actually a very good friend of mine who is not PC literate and was just going to pay it and i stopped him so i just posted as if it was me, i hope thats ok, i can get everything you need anyway.
Title: Re: Kennsington & Chelsea PCN 52g weight restriction
Post by: cp8759 on April 07, 2024, 04:46:02 pm
Well the PCN is flawed as it doesn't tell you what the weight limit is, see these cases:

D S L Scaffolding Ltd v London Borough of Lambeth (2160323533, 8 September 2016) (https://drive.google.com/file/d/1AsmnFF6hbDHT27wty1kJPNuugH1A7Ujr/view)
Commercial Plant Services Ltd v Royal Borough of Kingston Upon Thames (223042535A, 13 December 2023) (https://drive.google.com/file/d/1qZYNPsjixnmpd2g3CCB0gI1y_tisXEFV/view)
Stanmore Quality Surfacing Ltd v London Borough of Southwark (2230534785, 26 February 2024) (https://drive.google.com/file/d/1WUJPdQ3SeodVoaKMFRk_MAoNYh5QnxhT/view)
Stanmore Quality Surfacing Ltd v London Borough of Havering (2240046992, 23 March 2024) (https://drive.google.com/file/d/1vYAHQpakhduws7lEvJVV6EcoshW6xoXb/view)

I'm also going to get hold of the traffic order, in the meantime it would be useful if you could send me the 2nd page of the V5C as that normally shows how the vehicle is classified. To know whether you contravened the restrictions in the traffic order, we'll need both the V5C and the traffic order itself.

By the way when did you actually receive the PCN? It is dated 1 April which was a bank holiday, so it's unlikely the council posted it that day.
Title: Kennsington & Chelsea PCN 52g weight restriction
Post by: loady on April 07, 2024, 04:03:54 pm
Love the new home, been a memebr of peppipoo for a good while and glad you guys are keeping it going.

i was driving a mercedes VITO people carrier over the bridge as i have done many times before, it is not a good vehicle although the insurance states it as being a van, it is our family vehicle and i have received a PCN for going over the bridge, i have looked on K&C website and read when this had started to be monitored by cameras, previously restrictions were goverend by the width restriction. It clearly states the date that enorcment starts as from Thursday 11 January 2024 for GOODS vehicles that exceed it. Is this a mistake by them ?


#@cp8759

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