Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: hirerspcn on June 13, 2024, 07:52:56 pm
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This was not contested eventually.
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NOR at last sent to the company and appeal filed today.
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Sorted at last. I have made formal representations to the council on behalf of the company.
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I have contacted the company direct.
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I'll chase this up tomorrow.
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https://i.ibb.co/YPznRvz/Authority-letter-copy.png
We need to get the council to issue a NOR to the hirer.
Indeed, which is why we need @hirerspcn to confirm whether he uploaded a copy of the hire company's letter of authority when he made representations to the council.
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https://i.ibb.co/YPznRvz/Authority-letter-copy.png
We need to get the council to issue a NOR to the hirer.
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I did make reps
Did you upload a copy of the letter of authority from the hire company?
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@cp8759 @hirerspcn I suggest I be given authority to contact the hirer and offer to represent them so that I can sort this out with the council as I am getting giddy with this centrifugal force. :o
LOA to the hirer and the council.
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I know that is a known known. ;D
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@Hippocrates can I see this letter please?
I'm still not clear on whether @hirerspcn made the representations you advised him to make?
I did make reps
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He did. E mail sent which must have crossed with your post.
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@Hippocrates can I see this letter please?
I'm still not clear on whether @hirerspcn made the representations you advised him to make?
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@cp8759 They issued a letter of rejection to the Enforcement Notice on 30th July. But no code. Rather this:
We will accept the discounted amount of £65 in settlement of this matter, provided it is
received by 17 August 2024. After that date, the full penalty charge of £130 will be payable.
If we do not receive payment by the date stated above, the matter will progress against the
person or company the notice was addressed to.
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Unfortunately not. The company refused to write me a letter saying that they won't be paying any charges or recovery.
@hirerspcn you said in post 7 that you have a scanned copy of the Enforcement Notice (you don't need a physical copy, in fact you don't need a physical copy of any document at any stage of the process), and in post 9 Hippocrates told you to make a formal representation and gave you some wording. You also have a letter of authority from the hire company which you posted in reply 5 above. So, have you made formal representations against the enforcement notice?
This is what the council website shows now:
(https://i.imgur.com/9muT7sU.png)
(https://i.imgur.com/XdQzu4B.png)
As far as I can tell, as long as you made formal representations then all you need to do is wait for the notice of rejection to be issued. You cannot rely on the hire company to pass it on, so just check the council website once every couple of weeks until a notice of rejection is issued.
To get the PCN history, go to https://islington.tarantoportal.com/PCNs and enter the PCN details, once you're in (and only after you've logged in) change the address in the address bar to https://islington.tarantoportal.com/PCNs/PCN/KeyEvents
Once a formal notice of rejection has been issued an appeal can be filed with the tribunal because you already have the LoA from the hire company, so at that point there's nothing the hire company could do to stop you or to mess up the process. Even if they paid the penalty, you would still be able to appeal.
You also don't need to worry about not having sight of any documents from the hire company, if the appeal proceeds to the tribunal then the council will provide the full history of all correspondence via the tribunal portal, again this will happen whether the hire company likes it or not.
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They have not sent me that letter
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Unfortunately not. The company refused to write me a letter saying that they won't be paying any charges or recovery.
They have sent another letter by post to the council saying that they would like to transfer liability to me, even though the council did say they won't this employee won't understand that.
Please email it to me.
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E mail sent and PM. It still shows £130.
2240280978:
This is an alleged bus lane contravention. There is no dispute that this vehicle was on short-term hire at the relevant time. The appellants seeks to transfer liability for the penalty charge to their hirer. Although liability for a parking or moving traffic penalty charge may be transferred to the short term hirer of a vehicle there is no provision in The London Local Authorities Act 1996, under which this PCN was issued, that allows liability for a bus lane penalty charge to be so transferred.
Liability must therefore, I am afraid, remain with the appellants.
The appeal is refused.
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Unfortunately not. The company refused to write me a letter saying that they won't be paying any charges or recovery.
They have sent another letter by post to the council saying that they would like to transfer liability to me, even though the council did say they won't this employee won't understand that.
I have since returned the car and have my deposit returned however I did ask them to forward any and all updates to me.
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@hirespcn Any news?
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1. Go online to Add further information and copy and include the letter of authority.
Formal representations
1. The contravention did not occur as the video shows no upright signage allegedly passed.
2. The Enforcement Notice contains two fatal errors as it conflates service with delivery and it limits to one ground of appeal.
3. I put you to strict proof that the camera used to capture the alleged contravention has VCA approval.
In light of the above, I ask that the PCN and EN be cancelled.
Yours faithfully
Name
Address
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What's the date of the Enforcement Notice? You can send it to me via my e mail address. You do not want to miss any deadlines. I would also obtain a hard copy/original from them.
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They have sent me a scanned document of the enforcement notice. I don't have the physical copy but can get it from them once I go to their offices if it's needed.
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Have they sent you the Enforcement Notice? Ask them to do so when they get it. As per cp above.
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I have received letter of authority from my hire company. This is what the letter looks like: https://i.ibb.co/YPznRvz/Authority-letter-copy.png
Is it good enough and what would my next steps be.
Thank you
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Keep us posted.
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Thank you hippo and cp.
I will make sure that they don’t pay as they will deduct it from my deposit if they do.
Thanks
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@hirerspcn you must contact the hire company and tell them not to pay, this is of critical importance.
Also tell them that when they get the enforcement notice, you want them to forward this to you together with a letter of authority authorising you to make representations on their behalf, and also authorising you to appeal to London Tribunals on their behalf.
They must not pay the enforcement notice or you will lose the right to appeal.
There is no point in paying a London bus lane PCN as they can invariably be beaten on appeal.
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Wait for the Enforcement Notice and I will take care of this one for you - as per the last one v WF.
I have seen the video. Relax.
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I accidentally drove on the bus lane. During this time 16:40 I don't usually drive during but at that moment my head wasn't at the right place and I drove into the bus lane out of habit (normally outside operational hours), I also realised halfway into the bus lane that I drove during operational hours.
Currently I am leasing the vehicle and the hire company sent me the PCN which I told them to transfer liability. Image (https://1drv.ms/i/s!AtccDe7RSpAlj1iJeQtIq7_K_XVj?e=tuejp2)
They tried transferring and Islington Borough refused to do so and sent the hire company this letter (https://1drv.ms/b/s!AtccDe7RSpAlj1kbxk30QzGtbht5?e=KiwrJH).
Since this is my fault and I accept responsibility am I better off paying or is there a way around this.
Thank you.