Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Jay20 on July 20, 2024, 07:25:48 pm
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Outcome 1 (https://drive.google.com/file/d/1QRXQtB9VcXZWvo6iWFPzkDiCPeo97BK7/view) & outcome 2 (https://drive.google.com/file/d/1Ym-bO02VHFfLapPWKlKXyTkoqfgryxno/view).
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A great day! ;D
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No evidence filed yet from them save for the usual threat to increase to £195! I have taken screenshots.
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I rely upon my formal representations and full submissions will be made upon receipt of the council's evidence pack. Contravention did not occur. Personal hearing not Thursdays. e mail communication
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I am happy to represent for you free of charge. BTW, a failure to consider too.
I will PM you with my details should you which to take up my offer.
How can a NOR been affected to have been served? Do these people speak English?
I have just spent 2 hours making a skeleton argument re another case. Also, it does not inform you of an extension of time allowed by an adjudicator in which to file an appeal.
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Good afternoon,
As expected, Lewisham council rejected both my representations for the above. Unfortunately, their notification letters arrived while I was on vacation and I have only just opened the letters. The letters are dated 2nd August so I should just be in time to make an appeal to the Environment and Traffic Adjudicator.
I have pasted the rejection letters below. Can anybody advise if I should add anything to my representations above when appealing to the tribunal? Or will these be good to go? Very many thanks.
(https://i.imgur.com/bP6TcGP.jpeg)
(https://i.imgur.com/ZjaH4ue.jpeg)
(https://i.imgur.com/wnR6ol6.jpeg)
(https://i.imgur.com/8x6r3g9.jpeg)
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Yes, all included, thanks again.
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In trust you included your points too. :)
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Very many thanks for your help, Hippocrates, much appreciated. I have submitted my representations to Lewisham Council, I will update as soon as I receive news. Thanks again.
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Good. I would also add these technical points too:
The PCN is unenforceable because:
1. It conflates two types of statutory schemes by its use of the phrase; Acts as a Notice to Owner; Or Notice to owner; PCN/Notice to Owner and even contains a whole passage which would normally be contained in a Parking PCN which begs the question as to why the grounds of a Parking Notice to owner are also not included.
2. It does not include the option of payment by post as it must according to the legislation.
In light of all the above, please cancel the PCN.
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Many thanks for your reply. Here are my representations for both fines.
Dear Lewisham Council
Ref: PCN ZY09486789
VRM
The alleged contravention did not occur because:
As I approached the area in question I was unaware of there being any restrictions in place. Turning left onto Nightingale Grove from Springbank Road the road layout is as such that there is a blue warning sign for heavy goods to the left roadside and the blue warning sign for a prohibitive area behind this is not in clear view as there is overgrown foliage covering the sign. The placement of the heavy goods blue sign also makes it difficult to clearly see the blue warning sign for the restrictive area in time to avoid any contravention.
The only other warning presents itself on Ardmere Road when it is too late to reverse or amend the route, hence unwittingly entering the prohibited route. There is also a large overgrown tree which obscures the signage to the right on Ardmere Road when travelling along Nightingale Road towards Ardmere Road.
Photos are submitted in evidence of foliage covering the blue sign on Nightingale Grove, and the overgrown tree obscuring view into Ardmere whilst travelling along Nightingale Grove.
This signage is inadequate, and in light of the above please cancel the PCN.
(https://i.imgur.com/BA1JpH6.jpeg)
(https://i.imgur.com/mqEDqWx.jpeg)
Dear Lewisham Council
Ref: PCN ZY07009224
VRM
The alleged contravention did not occur because:
As I approached the area in question I was unaware of there being any restrictions in place. Turning left onto Fernbrook Crescent from Fernbrook Road the road layout is such that there is a blue prohibitive warning sign to the left roadside that is not in clear view as there is overgrown foliage covering the sign from view turning into Fernbrook Crescent . Due to sign’s proximity of the Fernbrook Road left turn onto Fernbrook Crescent there is then insufficient time to note the blue warning sign once turned onto Fernbrook Crescent.
Turning then right onto Leahurst Road from Fernbrook Crescent leads immediately onto the prohibited route sign on Leahurst Road when it is therefore too late to reverse or amend the route, hence unwittingly entering the prohibited route. There is no other prohibitive route warning clearly visable.
Photos are submitted in evidence of foliage covering the blue sign from view turning left into Fernbrook Crescent from Fernbrook Road.
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Photo showing view from Fernbrook Road turning left onto Fernbrook Crecscent
(https://i.imgur.com/wzvHCKP.jpeg)
This signage is inadequate, and in light of the above please cancel the PCN.
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They will probably reoffer the discount when they reject so put up a draft please.
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Good afternoon,
I have received two fines within 3 minutes from Lewisham Council - PCN Code 53 j - Failing to comply with a restriction on vehicles entering a pedestrian zone.
The first one was at Ardmere Road junction with Nightingale Grove at 15.07 on 21/6/24 and the second fine was for 3 minutes later at Leahurst Road junction with Fernbrook Crescent at 15.10 on 21/06/24.
I think I have until next Tuesday to pay the fines or lose the discount offered. I 'd like to know if there are any grounds for appealing these fines? I have attached them below with videos. Having revisited I definitely feel the signage giving advance warning is not in clear view as there is an overgrown tree at each site obscuring the advance warning.Any help anyone could offer would be much appreciated. Thanks
Ardmere Road
(https://i.imgur.com/Gm1E9YT.jpg)
(https://i.imgur.com/7m4c3ZC.jpg)
(https://i.imgur.com/4VUucva.jpg)
(https://i.imgur.com/oT20Be2.jpg)
Video link
https://vimeo.com/987690446?share=copy
Leahurst Road
(https://i.imgur.com/05Vgm9h.jpeg)
(https://i.imgur.com/7m4c3ZC.jpg)
(https://i.imgur.com/zslmEdy.jpeg)
(https://i.imgur.com/yICmud5.jpeg)
Video link
https://vimeo.com/987707507?share=copy