Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: timmytimster on June 22, 2024, 01:36:19 pm

Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: cp8759 on July 07, 2024, 11:52:36 pm
@timmytimster frankly I think you've thrown your money away for nothing. It is a virtual certainty that this appeal could have been won and as I could have run the appeal for you, it wouldn't have taken any time either.
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: Hippocrates on July 06, 2024, 11:39:06 pm
Well, the NOR is damned nonchalant in terms of the issue re wrong legislation and this would have achieved a favourable result in my view.
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: timmytimster on July 06, 2024, 02:37:57 pm
Hi All,

I've decided to pay this. There might be a chance I could fight it but I don't have the time right now and I think it's probably my error for not updating DVLA of my new address.

Thanks, as always, for all your help you give. (https://emoji.tapatalk-cdn.com/emoji110.png)

Cheers.

Tim
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: cp8759 on July 03, 2024, 10:45:41 pm
We've had this before, see Christopher Bates v London Borough of Hackney (2230502971, 6 January 2024) (https://drive.google.com/file/d/1V8VYLU8-oZtvDt0a0D38hUJKMrrWQYJP/view).

I can run the same arguments if you'd like, it's hard to see how the outcome could be different.
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: timmytimster on July 03, 2024, 07:21:44 pm
Hi Guys,

Thanks for your help so far, always appreciated!

So Hackney Council have rejected my appeal of the PCN for the reason they state in their reply, which is that they sent the original PCN to my old address. I've looked at my vehicle log book and it does have my old address on there so things might not be as clear cut as I first thought.

Anyhow, here is a link to the rejection letter: https://imgur.com/a/pl6uVf8

Cheers.
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: cp8759 on June 23, 2024, 05:42:03 pm
@timmytimster send the draft that Hippocrates has written, do so via the council website and keep a screenshot of the confirmation page. If they reject post up the rejection and we'll sort them out for you.
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: Hippocrates on June 22, 2024, 07:08:47 pm
Dear Hackney Council

Ref: PCN

Thank you for your PCN which must be cancelled as it was issued outside of the statutory time limit. Furthermore, it contains a whole passage which more properly belongs to parking legislation. In my view, this also invalidates the said PCN.

Yours faithfully

Name

Registered Keeper

Address
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: John U.K. on June 22, 2024, 05:45:51 pm
With that info the experts here should be able to give you some constructive advice.
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: timmytimster on June 22, 2024, 05:37:15 pm
Hi John,

Here are the details you asked for:
 
Thanks
Title: Re: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: John U.K. on June 22, 2024, 02:26:53 pm
The limit is 28 days: see
https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted

BUT

Are you the Registered Keeper as per the V5?
Is the PCN in your name?


If the vehicle has been leased, the Council may accept a representation from the leasing company that you are the hirer (but the process leading to re-issue must be done correctly).
See https://www.legislation.gov.uk/ukla/2003/3/schedule/1/paragraph/1/enacted

and re-issue to the hirer.
-----

You need to submit some sort of reps within the discount period in which case they will normally re-offer the discoun if/when they reject your reps, but yuou will have bought more time to thoroyghly explore your options.

Please also post up here a GSV link to the location and a copy of the video.
Title: Hackney, 52m Failing to comply with a prohibition on certain vehicles (Motor vehicles), Cremer Street
Post by: timmytimster on June 22, 2024, 01:36:19 pm
Hi all,

The driver was unaware they made the alleged contravention but it clearly shows they did. However, the date of the contravention was 7/04/2024 but the date of notice was 12/06/2024, which is 66 days apart. Is there a time limit for these types of PCN like parking on private land? PCN below:

(https://imgur.com/a/g5mFcgh)
https://imgur.com/a/g5mFcgh

Many thanks, as always!

Tim