Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Moaya on July 29, 2024, 11:45:28 pm
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PM received. I will reply with balanced advice.
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I say Tribunal time:
1. Failure to consider.
2. Dated photo of 959 sign and could have been taken in Swansea.
If you want me to represent you, please PM me.
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Hi guys, please see the rejection notice I have received and kindly advise on how to respond/next steps, many thanks.
1. https://i.imgur.com/Kj4ezEC.jpeg
2. https://i.imgur.com/xcMpsXL.jpeg
3. https://i.imgur.com/yqAKQLP.jpeg
4. https://i.imgur.com/ofNVN4P.jpeg
5. https://i.imgur.com/8LLlLaq.jpeg
6. https://i.imgur.com/upk9PL0.jpeg
7. https://i.imgur.com/yR1CSoB.jpeg
8. https://i.imgur.com/Dpi2dAq.jpeg
9. https://i.imgur.com/d6WVP3H.jpeg
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Hi guys, please see the enforcement notice I have received and kindly advise on how to respond, many thanks
https://imgur.com/a/3AvfnDd
Draft:
Ref: PCN VRM
I require you to consider my consider my original challenge as formal representations against the Enforcement Notice. Further, in your original letter of decline, you have substantially departed from the statutory scheme.
In light of the above, please cancel both notices.
Regards
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Hi guys, please see the enforcement notice I have received and kindly advise on how to respond, many thanks
https://imgur.com/a/3AvfnDd
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Do not pay it and wait for the Enforcement Notice. The letter is bolleaux. Further they have considered nothing re camera approval and Traffic Management Act is wrong too.
Their referring to FOIR is also quite wrong. As per Incandescent, if they send you an Enforcement Notice, I would ask them to send you a Notice to Owner! Idiots.
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Hi guys,
Thank you for your help so far.
The council rejected our appeal. Please see the link below for their reply.
https://imgur.com/a/T4Ad9Ve
Please could you advise on next steps.
The second page of their letter of rejection seems to be total tosh. They refer to serving a Notice to Owner, and the making of formal reps. This is not a procedure under the Acts listed on Page 1. The owner could wait for a Notice to Owner, but one will never be served.
Or am I wrong ?
I am unfortunately not totally up-to-speed on these dreadful London-specific Acts, which should have been withdrawn when the Traffic Management Act 2004 came in. The only reason the London councils like them is because they can charge double the penalty in the rest of the UK.
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Hi guys,
Thank you for your help so far.
The council rejected our appeal. Please see the link below for their reply.
https://imgur.com/a/T4Ad9Ve
Please could you advise on next steps.
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Dear Ealing Council
Ref: PCN VRM
I challenge as follows:
1. The contravention did not occur as the video does not show any upright signage allegedly passed.
2. I put you to strict proof that the camera used to capture the alleged contravention has full approval, and has an up to date maintenance record. Unless you can provide the relevant information....
Please cancel the PCN in light of the above.
Yours faithfully
Name (Reg. Keeper)
Address
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Thank you for all your help.
Today I think is the last day I can pay at the discounted price. Do you think I should just pay or do you see a potential appeal route.
Thanks.
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Bit busy at the moment but will get back this evening.
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The only one I can see is the break in the bus lane and the carriageway arrows that mislead you into thinking the lane had ended. Of course there is the very clear Bus Lane sign that you passed, so success is by no means guaranteed, but submit anyway. Maybe Hippocrates has a better argument.
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Thank you for your replies. If they have a new certificate, on what grounds would I be appealing? And how likely would I be to succeed?
Many thanks.
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Ealing has a new certificate. But, it is always worth challenging the PCN.
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This is an Ealing bus lane PCN, so you can only see the video on-line. The video can be seen here: -
https://viewmypcn.co.uk/Default.aspx
I just had a look, and you drive the full length of the bus lane without any attempt to move out of it. GSV shows there is a bus lane prior to the one you drove in: -
https://maps.app.goo.gl/TjmoggN4g4QTogix7
This has no "End of bus lane" sign. You did not drive in the first bus lane, so I am thinking that you saw the arrows on the carriageway, and thought the bus lane had ended, but the Bus Lane sign is clear enough that you passed.
So it seems the video record shows the contravention is made out, but can this be used as evidence at the tribunal ? Well, the camera certification and authorisation issue was once a hot topic, and may still be. Our administrator can talk you through this.
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Hi Guys,
I received this PCN for being in a bus lane in Ealing. My husband is the owner of the vehicle and I was driving the car. I am not sure what happened that led me to being in the bus lane. I was in the bus lane from the beginning of the image in street view link up until the traffic light.
It was mentioned to me by my husband that I should get your advice as bus lane PCNs in London are obtained by devices that are not certified so the PCNs are potentially invalid. Can you please advice further on whether you think I have any grounds for appeal or just pay up. Thanks in advance.
Link to paperwork: https://imgur.com/a/hVRKdtJ
Street map link: https://maps.app.goo.gl/REVP23xGXwkKmcEv9?g_st=aw
I have requested the video footage and am awaiting this.