Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: John G on July 12, 2023, 06:36:56 pm

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: Littlepig on November 17, 2023, 09:48:31 pm

Brilliant work! well done!

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on November 17, 2023, 09:27:18 pm

We WON - Many thanks to the brilliant @cp8759 for this. :D

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: cp8759 on November 16, 2023, 11:31:17 pm

Outcome (https://drive.google.com/uc?id=1z6lClBF7hQnAMfvtQrZ9CzJEyoImGdgf).

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on September 18, 2023, 08:26:09 am

PM sent

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: cp8759 on September 17, 2023, 11:53:47 pm

You've got a winning appeal!

If you sent reps on 13 July (which you can easily prove if it was by email) then the 56th day from that date is 7 September according to https://www.timeanddate.com/date/dateadd.html (https://www.timeanddate.com/date/dateadd.html):

(https://i.imgur.com/n4AKqMj.png)

The Notice of Rejection is dated 6 September, so the legally presumed date of service (absent evidence to the contrary) is 8 September, one day out of time. The council contains the date of service is 12 September, and you say it was the 15th. No matter which date you use, they've missed the 56 day deadline which makes it an open-and-shut case.

Would you like me to represent you at the tribunal? If so, drop me a PM please.

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on September 16, 2023, 11:38:55 am

Yes. And the clock is ticking. The letter did show a number of photos of signs and markings from 2022. Is their rejection the end of this?

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: Incandescent on September 15, 2023, 10:56:13 pm

I see they've batted-away your reps based on missing out one of the statutory grounds. So they did actually read your reps !

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on September 15, 2023, 04:52:08 pm

Hi I have just received their rejection letter by post.
They acknowledge my appeal letter (sent by email 13th July), but have stated 'of the 3rd August'. The rejection letter is dated 6th September but has arrived today 15th September.
They also state the 'date of service of this notice' is 12th September. I have 14 days to pay £35 or 28 days to pay £70
What should I do now?

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Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on July 30, 2023, 10:16:19 am

Ok, many thanks again.

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: cp8759 on July 29, 2023, 06:48:46 pm

Quote from: John G on July 28, 2023, 04:08:07 pm

I've not had a response yet.
Having read the newly added attachment 3 times am unsure what the relevant bit of this is.

Don't worry about it, we don't need to look into it until you get the response. If they accept the representation, or miss the 56 day deadline to respond, it won't matter anyway.

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on July 28, 2023, 04:08:07 pm

I've not had a response yet.
Having read the newly added attachment 3 times am unsure what the relevant bit of this is.

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: cp8759 on July 28, 2023, 02:48:18 pm

For later: Leeds City Council (Traffic Regulation) (Movement Restriction) (No. M14) Order 2012 Amendment No.3 Order 2021 (https://drive.google.com/file/d/1JYM_yHuBC2zO3sjOfFqONQ00u9jfAGY1/view?usp=sharing).

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on July 13, 2023, 03:43:54 pm

FYI
I've just sent the email.

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on July 13, 2023, 08:55:10 am

Thank you.
I will email this letter today.

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: cp8759 on July 13, 2023, 12:21:09 am

Here's a draft you can send:

Dear Leeds City Council,

I challenge liability for PCN LS86157143 on the basis of a procedural impropriety, specifically the ground at regulation 5(4)(g) of SI 576/2000 is missing from the Enforcement Notice. This is a procedural impropriety on the basis of which the penalty must be cancelled.

Yours faithfully,

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on July 12, 2023, 10:58:11 pm

Hi,
I've attached the 2 substantial pages of the PCN. The image of my Car is on the 3rd page...I'm hoping you can view via the link.

Thanks for your support

Title: Re: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: cp8759 on July 12, 2023, 10:35:45 pm

Please post all pages of the PCN in full, only your postal address needs to be hidden. The first thing we do with a Leeds PCN is check that the wording is complaint, but we need all the pages to do that.

In the meantime I'll see if there's a traffic order.

Title: 34J Being in a bus lane Headrow jnc Vicar Lane West, Leeds
Post by: John G on July 12, 2023, 06:36:56 pm

Identical to the member earlier. Visiting Leeds and not knowing the area so following Sat Nav.
Penalty notice here:

Page 1
https://imgur.com/a/rcQJLaE

Page 2
https://imgur.com/a/5saQJ81

Page 3 Images here
https://imgur.com/a/CnhtB3M

I'd be very grateful for your help.

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