Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Sizzle89 on August 21, 2024, 02:59:51 pm
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Outcome (https://drive.google.com/file/d/1acEDWX9oWevK0XnqBlQeptVPsS4XaRE5/view).
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;D
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They would be daft to continue with this. I think a costs application will be in order whether they do or not.
What training do these people have? Do they actually read decisions? Even from the Chief Adjudicator who is the first port of call when it comes to review or costs applications?
What pi££es me off is that most people pay up without even making a formal representation. FTLA t shirt to be made in my island shortly: Kos. And video.
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https://drive.google.com/file/d/1X_ea7Dwibaj2KJR2WhZdV3it0D7q9jt0/view
But what in my view is rather markedly non-compliant is the the legend
"School term time" in a separate panel below the grey backed signage.
Mr Chan refused their application for a review too:
https://drive.google.com/file/d/1vGFfHiu9RXLjwI6bH2UwQ1O6H8D5J2Qv/view
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Appeal filed.
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They have failed to consider the term time issue and have shot themselves in the foot by stating the PCN was issued during term time. I for one say Tribunal time it is.
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Dear Redbridge
Ref: PCN VRM
I make this formal representation:
The contravention did not occur as the sign referring to term time is proscribed. As per school parking restrictions, how is a driver expected to know the times of any term time in advance?
Please cancel the PCN therefore.
Yours
Reg. keeper
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23rd September is the deadline so please please do not send it now!
They have responded and rejected the appeal.
https://imgur.com/a/GQbklpT
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Dear Redbridge
Ref: PCN VRM
I make this formal representation:
The contravention did not occur as the sign referring to term time is proscribed. As per school parking restrictions, how is a driver expected to know the times of any term time in advance?
Please cancel the PCN therefore.
Yours
Reg. keeper
***
23rd September is the deadline so please please do not send it now!
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I would make reps. as late as possible as:
1. They will reoffer the discount.
2. They are trigger-happy with sending out charge certificates.
28 days from the date of service of the PCN.
The term time plate is the main issue at this stage.
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The traffic order is The Redbridge (Prescribed Routes) (School Streets) (No.1) (Amendment No. 3) Order 2023 (https://drive.google.com/file/d/17o11Rrh8wn6ZFU2mPEj6Q23bhNpWhEY_/view), I can't see any issues with it.
What's the length of the lease? Is it a personal lease or is it through an employer?
36 months. Through employer. Any further suggestions please?
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The traffic order is The Redbridge (Prescribed Routes) (School Streets) (No.1) (Amendment No. 3) Order 2023 (https://drive.google.com/file/d/17o11Rrh8wn6ZFU2mPEj6Q23bhNpWhEY_/view), I can't see any issues with it.
What's the length of the lease? Is it a personal lease or is it through an employer?
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@Sizzle89 please post the new PCN issued to you, and please don't redact the VRM or PCN number.
Also please confirm the name of the hire company.
Replied via pm mate
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The term time plate is an issue.
Please: go to make a representation and enter your details after clicking on all the tedious grounds which do not apply. Then screenshot what it says about the grounds. If it says choose one ground, that is another issue. Please post it up here.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-redbridge-31j-contravention-(yellow-box)/msg34088/#msg34088
(https://i.imgur.com/Fy1WEBc.png)
Thanks for your help on this. I have followed the steps you have told me to and my screenshot is the same as yours: https://imgur.com/quyu3G7
What should i do? I have a day left until the 14 days on my new pcn is reached.
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@Sizzle89 please post the new PCN issued to you, and please don't redact the VRM or PCN number.
Also please confirm the name of the hire company.
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The term time plate is an issue.
Please: go to make a representation and enter your details after clicking on all the tedious grounds which do not apply. Then screenshot what it says about the grounds. If it says choose one ground, that is another issue. Please post it up here.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-redbridge-31j-contravention-(yellow-box)/msg34088/#msg34088
(https://i.imgur.com/Fy1WEBc.png)
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PM sent. I now understand the situation. With this council, I always advise making formal representations as late as possible as they are trigger-happy in terms of issuing charge certificates before they can. You have 28 days to do this from the date of service.
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Your 28 days have elapsed by three days. I would check the status - I cannot because you have chosen to redact the details. You could try and make out of time representations but I expect you may well be at the Charge Certificate stage.
Only you can check. If it still says £130 try and make representations and ask them to exercise their discretion.
Thanks for the response. Originally i uploaded the first letter which was sent to the lease company from the council. I have now received the letter addressed to me dated 23/8. So i am still eligible to pay the £65. Is there anything i can do to appeal this with the info i have provided on this thread? What do you mean by 'out of time representations'?
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Your 28 days have elapsed by three days. I would check the status - I cannot because you have chosen to redact the details. You could try and make out of time representations but I expect you may well be at the Charge Certificate stage.
Only you can check. If it still says £130 try and make representations and ask them to exercise their discretion.
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Thanks. This has all been updated. Any help on this case would be much appreciated. Thanks
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Note for moderator: I'm trying to attach the photos but it says the upload folder is full.
Now that your post has been moved to the council forum (you had posted in the 'Speeding & other criminal offences' forum), please read this thread: READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc. cases (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/).
Update your post with the information it requests. It also advises you on how to use a third party site to upload images.
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Council - London Borough of Redbridge
Road - Sunnymede Drive, Gants Hill
There is a restriction on vehicles entering this road during school hours due to a school nearby.
Looking at the pictures i have attached: https://imgur.com/a/YwphPcZ, the times you cannot use these roads are 8am-915am, 230pm-4pm Monday-Friday term time only. On the 12th July i entered this road at 2:40pm, the roads were completely empty with no school rush on surrounding roads.
The PCN was dated 26th July. Is there any advice or anything i could do to get out of this if possible please? Also, just to be clear, term time is not clearly stated.
Note: I have removed my PCN and Reg plate number for personal preferences, despite the guide saying to keep them in. If anyone does require this info. Please do let me know. Thanks.