Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: poorthing on June 15, 2024, 07:18:11 pm
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Well done.
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Hi,
Many thanks cp8759 and Hippocrates ( for drafting) - London borough of hammersmith and Fulham cancelled the PCN. :)
Have attached a copy of the letter, after a whole explanation, there is one line saying they have cancelled it!
https://imgur.com/a/gznS8WN
Appreciate all your help. Thanks once again.
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Thanks cp8759 and Hippocrates for drafting. Appreciate your help. I have submitted, will update you'll on the outcome when I hear back from them.
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Dear H and F
Ref: PCN VRM
I make these formal representations against this PCN:
1. The video does not show ay signage allegedly passed. Therefore, the alleged contravention is not proved.
2. The PCN limits to one ground whereas the law clearly states "one or other grounds" as provided @ para. 1(1) to Schedule 1: https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
In this regard I refer you to the review decision in Rinat Bikatov v London Borough of Waltham Forest Case no. 2120030405. I ask you to note that prejudice is irrelevant and that it is unacceptable to depart from the statutory scheme for whatever reason. Moreover, there are other decisions allowed in this regard.
In light of the above, please cancel the said PCN forthwith.
Yours
Registered keeper
Address
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@Hippocrates could you write a draft for poorthing?
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The PCN does not comply with the law as it limits to one ground of representations. The law states "one other grounds" (I have seen several cases on this so I would stick it in.)
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The Hammersmith & Fulham (South Fulham Low Traffic Neighbourhood) (Eastern Side) (Prescribed Routes) Order 2022 (https://drive.google.com/file/d/1Nzal9xMxwxQMrLCw6mmLMgQ_JqEUu2-O/view)
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@poorthing oddly I don't have the traffic order for this location, so I'll have to request it.
In the meantime you might want to consider the strategy of last resort (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/l-b-waltham-forest-50r-performing-a-prohibited-turn/msg7581/#msg7581).
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Hi @cp8759,
Please see attached photo you requested.
Thanks.
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Hi,
Went back to the area and am attaching the photo. Unfortunately the sign is not obstructed by any foliage when you turn into the road.
(https://i.imgur.com/ReDTfuB.jpeg)
Do let me know if you can spot anything to appeal.
Thanks.
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@poorthing so looking at the original council photos it strikes me that the nearside sign might be obscured by foliage:
(https://i.imgur.com/cxmXLOT.png)
Would you be able to go back and check, and get some photos?
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Hi,
PCN is: HZ82913398.
Thanks.
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@poorthing as per the guidance here https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/ please give us the PCN number.
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The grounds limits to one ground.
Video shows no signage allegedly passed=no contravention.
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Hi,
Just bumping this up again. Any grounds to challenge this?
Thanks.
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Hi,
Have managed to pick up yet another PCN ! Already had one issued last month by Merton Council which is being challenged. Hoping you’ll can help yet again – Thanks.
Contravention: 52M – Failing to comply with a prohibition on certain types of vehicles (m) motor vehicles.
Place – Bagley Lane SEbnd nos 2A-12
I have attached
1)a copy of the PCN notice.
(https://i.imgur.com/GtB2Ket.jpeg)
(https://i.imgur.com/6lbdD4x.jpeg)
(https://i.imgur.com/J4ULi6c.jpeg)
2)Video Link:
https://imgur.com/vgSaP8k
3)Image link:
(https://i.imgur.com/sG7iTnp.jpeg)
4)Route I took on the day (highlighted in red) – to explain the route I took on the day.
(https://i.imgur.com/Jcposar.png)
Essentially, I was on the B318 and turned right onto the A308 (towards Wandsworth) and then turned into Bagleys lane, continued on Bagleys lane and then turned onto Cresford road.
To be honest, I was new to the area. Restrictions on residential roads ( not near a school) is just a trap. Besides, to my bad luck I did not see the signs with the restrictions at the time of driving. The A308 turning to Bagleys lane is quite a busy area, with a box junction, lots of traffic area etc and I didn’t notice the sign on the main road nor the subsequent one’s. Looking into it now, it appears it is a money-making trap for Hammersmith and Fulham council. Please see article below: https://www.dailymail.co.uk/news/article-8695487/Greedy-London-council-widens-ban-drivers-using-roads-without-permit.html
I feel it’s a long shot but - just wondering if any of the wonderful experts on this forum can spot any error either on the PCN or otherwise that would give me a chance to appeal?
Thanks.