Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Bobos on April 25, 2024, 05:06:50 pm

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: Hippocrates on July 13, 2024, 08:36:15 pm

Well done for staying the course and please spread the word.  ;D

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: Bobos on July 13, 2024, 01:07:34 pm

Thanks to all who replied and cp8759 for the help in dealing with it.

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: Hippocrates on July 13, 2024, 09:56:18 am

Let's hope they do not learn! This is kindergarten material, of course, to copy and paste from the legislation.

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: cp8759 on July 12, 2024, 09:41:12 pm

Outcome (https://drive.google.com/file/d/1mYJLnxqvEVJ9cVP2gxknzUZrrfp1-tI8/view).

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: Bobos on May 05, 2024, 01:41:10 pm

Rejection letter received

Next stop adjudication

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: cp8759 on April 28, 2024, 10:44:28 pm

Can't see much to argue over the contravention itself:

https://www.youtube.com/watch?v=IZAO72DrwK4

The PCN is defective and they have also misunderstood your representations on the second point, I think this should be an easy win on appeal.

I'm going to drop you a PM in case you'd like to be represented at the tribunal.

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: Bobos on April 26, 2024, 10:32:33 am

Apologies

My other half driving she does seem to collect these :-[
Just received another for dropping off at gatwick :-X

https://www.flickr.com/photos/34099364@N03/53680037829/in/dateposted/

Title: Re: Bexley PCN 31J Welling high st/Danson La
Post by: Incandescent on April 25, 2024, 08:16:19 pm

Hang on  a minute, you've said nothing at all about the alleged contravention itself ! So before you trot off into proposed technical arguments, do let us have a look at the video.

Title: Bexley PCN 31J Welling high st/Danson La
Post by: Bobos on April 25, 2024, 05:06:50 pm

Hello to all
It appears that the other site where I first put the topic cannot be reached !
So some internet searching brought me here I hope I can be helped

Original enquiry

I am dealing with a pcn yellow box junction  on Welling high st borough of Bexley

I am looking at past cases regarding the wording of the pcn

http://forums.pepipoo.com/lofiversion/index.php/t114766.html

http://forums.pepipoo.com/index.php?showtopic=120129&st=20

Consensus is that according to the London Local Authorities and Transport for London Act 2003
(8)A penalty charge notice under this section must—
(a)state—

(iii)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(iv)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;


The wording for pcn by Bexley council see attached

The penalty charge notice must be paid not later that the last day of the period of 28 days beginning with the date of service of this notice ( considered to be two postal days after the date of this notice)

My question is does the bit in brackets negate the way of dealing with this in the past referencing patas 2160496258  2170013703  2180111742

I saw on previous pcn notices to others that the bit in brackets was not on their pcn

If still valid reason would I put it under "The penalty charge exceeded the amount applicable"
Thanks in advance


https://www.flickr.com/photos/34099364@N03/53554059410/in/datetaken/

https://www.flickr.com/photos/34099364@N03/53553809838/in/datetaken/

https://www.flickr.com/photos/34099364@N03/53553611431/in/datetaken/

https://www.flickr.com/photos/34099364@N03/53553809828/in/datetaken/

https://www.flickr.com/photos/34099364@N03/53553950719/in/datetaken/

I received some replies and put in a representation

I make these collateral challenges against the PCN:

1. It wrongly states the period in which to pay. The Notice statement with regard to the increase of the penalty charge by 50% is referenced to the date of service rather than the date of the notice and the same regarding the 14 day discount period.

2. The taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances or, indeed, make an insurance claim.


In light of these substantial departures from the statutory framework, the PCN is unenforceable.

Please cancel the PCN forthwith.

I have since received a reply from council

https://www.flickr.com/photos/34099364@N03/53678450309/in/datetaken/

https://www.flickr.com/photos/34099364@N03/53678282923/in/datetaken/



Do I have a case? or is it better to pay up as the legalese I find quite baffling