Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aubama on July 29, 2024, 04:20:37 pm
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Same error here:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lewisham-contravention-52m-leahurst-rd-westbound-representation-rejected/msg46552/#msg46552
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Talking of 28 days beginning on.....IMO for a NOR dated 22 July the earliest date for increasing the penalty was 20 Aug, not 21st as stated in the written decision!
The penalty cannot increase until day 29, so 21st August is the correct date.
Perhaps a speculative appeal for costs might be in order?
No chance, if I thought there were the remotest possibility I would have applied.
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Perhaps a speculative appeal for costs might be in order? I'm thinking along the lines of 'I know that doing this once probably isn't 'frivolous and vexatious', but could the adjudicator perhaps provide guidance to the Council on how many times they can repeat this pattern of making unlawful demands for money before facing any consequences?'.
@cp8759 A salient point? Not only that, how about a PAPL re this issue? I have done ca. 7 and the same applies.
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Perhaps a speculative appeal for costs might be in order? I'm thinking along the lines of 'I know that doing this once probably isn't 'frivolous and vexatious', but could the adjudicator perhaps provide guidance to the Council on how many times they can repeat this pattern of making unlawful demands for money before facing any consequences?'.
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What is wrong with this council?
10 Aug. is not only incorrect, at 18 days beginning on date of service of the NOR it appears random.*
And why did they still resist the appeal when they'd seen the appellant's arguments..answers on a postcard pl.
Talking of 28 days beginning on.....IMO for a NOR dated 22 July the earliest date for increasing the penalty was 20 Aug, not 21st as stated in the written decision!
*- best guess, perhaps they've imported the initial time frame for payment from the PCN..28 days beginning on the date of the notice?
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Another common sense decision.
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Outcome (https://drive.google.com/file/d/1QF30jSwHrfk__WTzeTj00iiY3Db8r7au/view).
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Contravention did not occur. NOT a Thursday.
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The NOR fails to mention the adjudicator can extend time. If you are going to appeal this, usual advice: contravention did not occur and full submissions will be filed upon receipt of the council's evidence pack. Personal hearing.
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Well, in the last couple of cases, when an appeal has been registered, they have messed up on their website by demanding £195 by such a date.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lewisham-52-m-failing-to-comply-with-a-prohibition-on-certain-vehicles-leahurst-/msg27534/#msg27534
(https://i.ibb.co/C8SDGqQ/Screenshot-2024-08-04-at-08-33-11.png) (https://ibb.co/YQVws6h)
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So, having had your representations to the council rejected the next step is to either pay the amount they want, (discount re-offered), or register an appeal at London Tribunals.
I'd like to appeal if you think theres a case here?
Your representations to the council consists of a single sentence, "the contravention did not occur". So why do you think the contravention did not occur ?
To be honest, I had a similar PCN previously and they cancelled due to an error on their end..so was thinking that that may be the case again.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pedestrian-zone-restriction-lewisham-borough/msg31555/#msg31555
The latest GSV view of the location is February 2023, and the signs are not shown, so this restriction is newer. In the absence of any GSV view, we really need to see photos taken by you and the council. The time of the alleged contravention is 08.44, well inside the morning restricted period than ends at 09.15.
However the video shows you seemingly reversing out of a property, or maybe making a 3-point turn, then driving past the signs, except that we can't see the sign you drove past, only a sign for the other direction.
So, the bottom line is we need to see the back of the signs in the video
The car in question is the black car which is behind the red one, do you still want pics of the back of the signs?
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Well, in the last couple of cases, when an appeal has been registered, they have messed up on their website by demanding £195 by such a date.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lewisham-52-m-failing-to-comply-with-a-prohibition-on-certain-vehicles-leahurst-/msg27534/#msg27534
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So, having had your representations to the council rejected the next step is to either pay the amount they want, (discount re-offered), or register an appeal at London Tribunals.
Your representations to the council consists of a single sentence, "the contravention did not occur". So why do you think the contravention did not occur ?
The latest GSV view of the location is February 2023, and the signs are not shown, so this restriction is newer. In the absence of any GSV view, we really need to see photos taken by you and the council. The time of the alleged contravention is 08.44, well inside the morning restricted period than ends at 09.15.
However the video shows you seemingly reversing out of a property, or maybe making a 3-point turn, then driving past the signs, except that we can't see the sign you drove past, only a sign for the other direction.
So, the bottom line is we need to see the back of the signs in the video
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can anyone help on this??
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Hi there, please could I get assistance with the below.
As the owner of a vehicle I recently received this fine for allegedly failing to comply with a restriction on vehicles entering a pedestrian zone. The hours observed are during school drop off/pick up times. I have lived in the area for 10+ years and it does take some getting used to to remember to not use this road.
Because of a previous post I attempted to challenge this PCN which on this occasion was unsuccessful.
The fine in question is here:
(https://i.ibb.co/xHvPpDf/Aubs-1.jpg) (https://ibb.co/NShQ8sm)
(https://i.ibb.co/K2dRRkQ/Aubs-2.jpg) (https://ibb.co/sKnkkGD)
(https://i.ibb.co/0cpWqtp/Aubs-3.jpg) (https://ibb.co/bPjy1Jj)
(https://i.ibb.co/VDKdJwV/Aubs-4.jpg) (https://ibb.co/jGpdbJh)
My challenge to this can be seen here:
(https://i.ibb.co/y5qZ5jy/Screenshot-2024-07-29-at-16-19-15.png) (https://ibb.co/pZdMZFz)
Their response to my challenge:
(https://i.ibb.co/WHDzGfH/Aubs-reject-1.jpg) (https://ibb.co/8mzxN9m)
(https://i.ibb.co/JBgs2gr/Aubs-reject-6.jpg) (https://ibb.co/6nLWbLD)
(https://i.ibb.co/kqqYKVp/Aubs-reject-5.jpg) (https://ibb.co/qmmbBLz)
(https://i.ibb.co/4Nk8YZN/Aubs-reject-4.jpg) (https://ibb.co/0J5CFjJ)
(https://i.ibb.co/3yy791X/Aubs-reject-3.jpg) (https://ibb.co/gMM3Ly1)
(https://i.ibb.co/SVtvZSC/Aubs-reject-2.jpg) (https://ibb.co/c26Tsqn)
(https://i.ibb.co/znV6BHG/Aubs-reject-7.jpg) (https://ibb.co/p0jhMrJ)
make my picture hd online free (https://imgbb.com/)
The road signage here:
(https://i.ibb.co/BZkTtQ9/IMG-9106.jpg) (https://ibb.co/0M5Yc6x)
(https://i.ibb.co/D17jGx0/IMG-9107.jpg) (https://ibb.co/FhBdsSR)
(https://i.ibb.co/KXP0997/IMG-9108.jpg) (https://ibb.co/80CKjj2)
Any help would be greatly appreciated