Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jalakmody on April 08, 2024, 01:52:34 pm

Title: Re: Failing to Comply with a prohibition on certain types of vehicles 52JM
Post by: cp8759 on April 08, 2024, 10:35:48 pm

The traffic order is The London Borough of Hounslow (School Streets) Order 2021 (https://drive.google.com/file/d/1SEOaVzAk-njWvL8AeWdpwrxLhNAf5VKv/view) as amended by The London Borough of Hounslow (School Streets) (Amendment No.6) Order 2023 (https://drive.google.com/file/d/1MOAPvp7XD7SIHERDzij74Pj4HRtrLpKy/view).

The restriction is somewhere along here https://maps.app.goo.gl/Mst7njw9LopA59DF8 but google street view is out of date.

I'd go with the same representation I advised on the other thread, as John has already suggested:

Dear London Borough of Hounslow,

I challenge liability on the ground that the alleged contravention did not occur, if you maintain there was a contravention please would you provide evidence of the same.

Yours faithfully,

However what is your connection to the company? Is it a leased vehicle, is it a company that employs you, is it a company you own / are a director of?

Title: Re: Failing to Comply with a prohibition on certain types of vehicles 52JM
Post by: Hippocrates on April 08, 2024, 03:09:55 pm

Let us all hold onto one thought: if this goes to the Tribunal, the council must provide a true copy of the original PCN.  So, I would let sleeping dogs lie.

Title: Re: Failing to Comply with a prohibition on certain types of vehicles 52JM
Post by: jalakmody on April 08, 2024, 02:55:01 pm

I recall there were restrictions during school hours. These restrictions typically lasted until 15:45, and I drove after that time. However, the Penalty Charge Notice (PCN) indicates i drove at 15:43.

Title: Re: Failing to Comply with a prohibition on certain types of vehicles 52JM
Post by: Hippocrates on April 08, 2024, 02:47:13 pm

What signs do you remember that were passed?  I am asking because they may have issued the wrong code.  Was it the flying motorcycle sign?

Title: Re: Failing to Comply with a prohibition on certain types of vehicles 52JM
Post by: John U.K. on April 08, 2024, 02:19:49 pm

This is the second imageless PCN from HOunslow we have seen this week.

You may care to have a read of this thread.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hounslow-pcn-53jc-entering-pedestrian-zone-linkfield-rd-jw-kendall-rd/

As I said on that thread

Quote

I'm not sure how they can enforce without video/photographic evidence - the experts here will know.

You could try ringing on Monday and asking for the video?

Aftar all, without the evidence you cannot even check it's your vehicle and not a clone.

I would follow the advice of CP in post Reply #3 on that thread.

Title: Failing to Comply with a prohibition on certain types of vehicles 52JM
Post by: jalakmody on April 08, 2024, 01:52:34 pm

I would be grateful for assistance regarding the attached Penalty Charge Notice (PCN) issued by Hounslow Council for non-compliance with the prohibition on specific vehicle types (52JM). However, no evidence has been provided, and there are no accompanying images on their website. Are there any valid reasons to appeal this decision?

Thank you

(https://i.imgur.com/1z6pwBr.png)

[attachment deleted by admin]