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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: filipvirtuoso1 on August 01, 2023, 06:57:00 am

Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: Hippocrates on April 23, 2024, 05:27:36 pm
@filipvirtuoso1: PM sent. Thanks in advance. Your help would be greatly appreciated as it will show the Tribunal that the council are acting contra The Nolan Principles.
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: Hippocrates on March 20, 2024, 11:31:53 am
@filipvirtuoso1: Urgent PM sent.  :)
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: Hippocrates on September 10, 2023, 09:33:20 pm
https://youtu.be/bYaErLCh8eM
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: Hippocrates on August 25, 2023, 09:38:45 pm
Excellent.  Who the hell drafted that PCN!?
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: filipvirtuoso1 on August 24, 2023, 03:50:48 pm
Hi All,

Thanks to all that provided comments and and helping draft the reply to Lambeth.

I have received a reply that PCN has been cancelled !!!

Please see attached.

[attachment deleted by admin]
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: filipvirtuoso1 on August 07, 2023, 09:48:12 am
Thank you for drafting a reply. I have submitted it just now, and expecting an email/ post reply soon I hope.

[attachment deleted by admin]
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: Hippocrates on August 01, 2023, 08:53:40 pm
Quote from: cp8759 on August 01, 2023, 01:22:58 pm
Draft reps:

Dear London Borough of Lambeth,

Both the 28 and 14 day payment periods stated on the PCN are wrong, the PCN says these run from the date of service, but they should start with the date of the notice. As the PCN is not compliant with the requirement of the London Local Authorities Act 1996, the PCN must be cancelled.

Yours faithfully,

No worries.  We all started at the beginning sometime ago!  cp and  I have won several cases against this council.  I cannot recall such a fundamental error. Just go with the reps. as posted. The PCN is seriously flawed as it has messed up the dates which are mandatory.
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: cp8759 on August 01, 2023, 01:22:58 pm
Draft reps:

Dear London Borough of Lambeth,

Both the 28 and 14 day payment periods stated on the PCN are wrong, the PCN says these run from the date of service, but they should start with the date of the notice. As the PCN is not compliant with the requirement of the London Local Authorities Act 1996, the PCN must be cancelled.

Yours faithfully,
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: filipvirtuoso1 on August 01, 2023, 12:25:02 pm
Quote from: Hippocrates on August 01, 2023, 10:46:36 am
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

The PCN mis-states the two periods!

The PCN is flawed.

3)A penalty charge notice under this Part of this Act must state—
(a)the grounds on which the council believe that the penalty charge is payable with respect to the vehicle;
(b)the amount of the penalty charge which is payable;
©that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(d)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(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;


Thanks for your comment Hippocrates,

I'm a newbie here, and not sure where exactly on the PCN this is. What exactly on the PCN is the technical error? Could you please highlight this?
Would I need to wait until tribunal hearing to bring this up?
Title: Re: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: Hippocrates on August 01, 2023, 10:46:36 am
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted

The PCN mis-states the two periods!

The PCN is flawed.

3)A penalty charge notice under this Part of this Act must state—
(a)the grounds on which the council believe that the penalty charge is payable with respect to the vehicle;
(b)the amount of the penalty charge which is payable;
©that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(d)that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(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;
Title: Lambeth, code 34J being in a bus lane, Clapham Park Road
Post by: filipvirtuoso1 on August 01, 2023, 06:57:00 am
Hi All,

This is moved from http://forums.pepipoo.com/index.php?showtopic=150828
I have received a PCN from "Lambeth parking" for bus lane contravention. A lot of motorists have been caught at this junction. Could you please help with appealing this ?

I've read the hundreds of cases here and on general news outlets. Specifically the most recent about Richard Newell, 36, successfully argued that signs warning drivers not to turn left in the bus lane on Clapham Park Road in Lambeth were unclear. Mr Newell drove into the bus lane in March 2022 while taking his mum back from a Paul Simon tribute gig.

http://forums.pepipoo.com/index.php?showto...p;#entry1734036

Do you think by just quoting his case I can successfully appeal ?

I'm happy to risk £130, for the sake of the greater good, if there is reasonable chance of winning. Are there any other costs that might be at risk here - just want to make sure I know what the risks are?

I've been riding/driving in London for 10 years and this is the first PCN I've had...

Do you need some fresh overall photos/videos of the junction- in case they have changed some signs/ road markings that might not be visible from the photos?

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