Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: randomtask on July 23, 2024, 11:56:22 am
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https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-spreadsheet/
check the hire agreement against the cases on cp's spreadsheet. Go to adjudications and key cases.
The other questions are in the legislation yes and there are cases in support.
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Thank you.
Hire Agreement (https://drive.google.com/file/d/1IEIfZpqvOYdb9q8HlsRXm2jfH-_9Zzwl/view?usp=sharing)
So I should include reference to those defects in my application for adjudication? Are they all included in the LLA & TFL Act 2003 or should I look elsewhere for the statutory references?
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Please show us the hire agreement.
NOR does not include power of adjudicator to extend time in which to appeal.
Also: will serve a C.C. not may.
PCN does not include post for payment.
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Just bumping this, with apologies if that's frowned upon. If so, I'll wait patiently. Just wanted to make sure it didn't get lost :)
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Thanks, I have modified the OP and uploaded requested info accordingly.
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IMO, you are boxing us into a corner by deciding what's relevant and what is not and yet apparently seeking help to get a penalty charge which has advanced to a NOR cancelled.
'..in the circumstances of the case' was IMO written with such procedural matters in mind.
So, rather than limit what we can see in order to help you, which must necessarily limit your chances of success, pl may we see the PCN, the video, your reps, their NOR and (because you'll redact your name and address) confirm that you are the registered keeper.
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Thanks. Happy to post the PCN etc if required but I thought it simpler not to as I'm only looking for advice at this stage on a specific but generic point, i.e. the existence of a right to appeal a moving traffic PCN issued in London on the grounds of procedural impropriety.
I had thought that s1(4)(e) was probably the only available route but it didn't really seem to fit, but I suppose it would be bizarre if there was no right to appeal for this reason simply because the PCN was issued in London.
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Am I correct in understanding that, for PCNs issued for moving traffic offences in London (under the London Local Authorities and TFL Act 2003), procedural impropriety is not a valid ground for appeal, and there is therefore no effective remedy against PCNs which are defective/non-compliant?
Specifically, I have received a PCN from LB Enfield which I believe does not contain the statutorily required information and the LA has failed to address that point in their NOR, so I am now looking at London Tribunals but concerned that they actually don't have authority to consider an appeal on that basis.
TIA
Use 1 (4)(e)
https://www.legislation.gov.uk/ukla/2003/3/schedule/1/enacted
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So the experts here can check your concerns (and see if there are any other grounds to contest) please have a read of
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/
and post up here all sides of the PCN (redacting only name & address) and a GSV link to the location.
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Am I correct in understanding that, for PCNs issued for moving traffic offences in London (under the London Local Authorities and TFL Act 2003), procedural impropriety is not a valid ground for appeal, and there is therefore no effective remedy against PCNs which are defective/non-compliant?
Specifically, I have received a PCN from LB Enfield which I believe does not contain the statutorily required information and the LA has failed to address that point in their NOR, so I am now looking at London Tribunals but concerned that they actually don't have authority to consider an appeal on that basis.
PCN (https://drive.google.com/file/d/1HweMyMygO2lxfc8r0UBTzzpLW3MVhlJx/view?usp=drive_link)
Formal Representations (https://drive.google.com/file/d/1I8ULeAkOEAQPPJiCmeusZmOG25EcH031/view?usp=drive_link)
NOR (https://drive.google.com/file/d/1HxG3TSbNTE61nVngzsWGceH2BAaS93F0/view?usp=drive_link)
Image 1 - Number Plate (close range) (https://drive.google.com/file/d/1HxQJ8q516-bET7dsGESU6k1ikfwHNdGt/view?usp=drive_link)
Image 2 - Number plate (long range) (https://drive.google.com/file/d/1HyYxVlgGAAwoQ2Oz6u56xMhSaznrSEpT/view?usp=drive_link)
Image 3 - CCTV (https://drive.google.com/file/d/1I-UnTrdUWz2wvn8FEm3UYXSv92NO0CfC/view?usp=drive_link)
Video (https://drive.google.com/file/d/1I3_l3BjeWDG0Pooje-18n67c9-KfYNIj/view?usp=drive_link)
Street View (https://maps.app.goo.gl/vErDNwJ2trXdA3557) - Note that GSV is out of date and doesn't show the current bus gate or current signage.
I am not the registered keeper - the vehicle is leased. LA advise that they served PCN on registered keeper on 27/5/24 prior to transferring liability to me.
TIA