Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Muhammad on August 10, 2024, 09:39:31 pm
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Please do this online using the webcode and enter the PCN and VRM details:
Dear Havering Council
I make the following representations against the PCN
1. The PCN is unenforceable because the sentence under Enforcement Notice on the PCN wrongly states the period in which to pay and make representations The Law states this @
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
(3)A penalty charge notice under this Part of this Act must state—
(c)that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(e)that, if the penalty charge is not paid before the end of the 28 day period, an enforcement notice may be served by the council on the person appearing to them to be the owner of the vehicle;
Therefore, the references to date of service in the following sentence is not only wrong but also creates an ambiguity: If after the last day of the period of 28 days beginning with the date on which this PCN is served no such representations have been made, and the penalty charge has not been paid, an Enforcement Notice may be served.....
2. Furthermore, the payment option on the PCN does not state the address to which payment may be made:
(f)the address to which payment of the penalty charge must be sent;
3. I bring a collateral challenge on the basis that the PCN is unenforceable because the taken without consent ground clearly fetters to theft by its very wording that a crime report be provided. Therefore, this inaccurate reflection of the statutory ground does not take into account that a relative, or friend, may have taken the vehicle without the owner's permission so that the owner would not necessarily, if at all, report the matter to the Police in such circumstances or, indeed, make an insurance claim.
4. I put you to strict proof that the camera at the location has the correct VCA certificate to satisfy the criterion of admissibility of evidence as provided at para. 7(2) Schedule 1 of The London Local Authorities Act 1996 (as amended). If this is not possible, it follows that the evidence is inadmissible.
5. The video footage does not show any bus lane signage i.e. 958 and/or 959B allegedly passed.
In light of the above, please cancel the said PCN.
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TES small blue=camera used. Only approval certificate applies to Videalert.
I will sort this one out.
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IF the PCN is like the one on this thread, then my draft can be tweaked:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/havering-pcn-new-road-1306-rm13-bus-lane-contravention/msg17440/#msg17440
Please show the whole of the PCN. Or send it to my email address.
PM sent. I am more than happy to represent.
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There is no point in doing the council's job for them.
Also their website is defective as it has the wrong grounds which is an appeal point at the Tribunal:
Representation Reason
A - The alleged Contravention did not occur
B I was not the owner of the vehicle at the time of contravention
- I had sold the vehicle before that date
- I had bought the vehicle after that date
- I have never owned that vehicle
C - The vehicle was taken without my consent
D - We are a hire firm and have supplied details
E - The Penalty Charge exceeds the relevant amount
F - There has been a procedural impropriety by the Enforcement Authority
G - The traffic order contravened is invalid
H - The Notice should not have been served because the Penalty Charge had already been paid
I - Other
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When the whole PCN is available, I will tidy up the draft. Please do not pay this!
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I went onto the Havering webpage and no web code was demanded. The video shows the vehicle merrily proceeding along the bus lane.
So the OP needs to explain why he drove in the bus lane. Missed the sign ? Turned left out of a side road ? Turned out of premises and forgot the lane was there ?
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Web code: 972EO924. But, please the whole of the PCN.
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Hi folks.
I uploaded the web code as well.Can you please take a look and guide me further.
Many thanks
PLease tell us where this web code is, please, as I see nothing.
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I see nothing. I repeat: we need the whole PCN.
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Hey folks..
972EO924 is the web code .Can you please take a look and guide me further.
https://drive.google.com/file/d/14shtYFgO2phHUWDdUpynQzMGYaOmQOGQ/view?usp=drivesdk
Many thanks
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We won a case recently. 2240193170. They produced no VCA certificate. Please show all the PCN. The webcode will be on page 2 and there may be errors in the wording.
Suggested draft subject to further information as requested:
Dear Havering
I make this challenge against PCN...............
1. The alleged contravention is not proved as there is no evidence of upright signage allegedly passed.
2. I put you to strict proof that the camera used to capture the alleged contravention is approved for the purposes of para. 7(2) provided at Schedule I of the London Local Authorities Act 1996 (as amended). Should this not be possible, any evidence is inadmissible.
In light of the above, please cancel the said PCN.
Yours
Reg. keeper
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I have made a FOIR re the camera, make, name and model.
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We need to see the video, and this can only be viewed on Havering's website via a webcode that is on the PCN somewhere. I don't see it on the front page, so please tell us what it is, or go to the Havering site yourself, download it and post a link here.
Looks like the location is here: -
https://maps.app.goo.gl/8bnjzhqU9vC6PB7j7
A look on GSV shows a very long bus lane, which starts here, some way back, so please tell us more about how you managed to find yourself in the bus lane. The bus lane sign says "At any time", so it is operational 24x7.
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Hey Folks,
I just recevied a PCN through post for
'Driving in a bus lane within restricted period'
Are there any grounds for appeal here ?
https://drive.google.com/file/d/14hwxDSO5vpNF5w6nA9Fos3f_y-zqpzBy/view?usp=drivesdk
Thanks