Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: zincy on June 16, 2023, 10:59:55 am

Title: Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
Post by: cp8759 on July 25, 2023, 09:26:51 am

Outcome:

Mr cp8759, for the appellant, appeared before me today via telephone. I was satisfied for the reasons he gave in his skeleton argument uploaded to the case on 07/07/23 that the PCN issued in these proceedings was not fully compliant payment periods being wrongly stated to run from the date of service thereof instead of the date of issue. I accordingly found that the contravention had not been proved.

Andrew Harman
Adjudicator
24th July 2023
2230306124

Title: Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
Post by: cp8759 on June 21, 2023, 10:59:56 pm

It's a fob-off rejection that also amounts to a complete and utter failure to consider. Would you like me to represent you at the tribunal? If so, drop me a PM please.

Title: Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
Post by: zincy on June 20, 2023, 02:14:46 pm

Hi

Notice of Rejection received today.

https://drive.google.com/file/d/1znP1hmZDxKIj2KoY7CyQNpEaU7nQeIdW/view?usp=sharing

Please do let me know if you require anything further.

Thanks
Zincy

Title: Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
Post by: zincy on June 19, 2023, 12:23:33 pm

Thanks CP.

I have sent this across and await their response (most like a Notice of Rejection).

I will keep you posted.

Title: Re: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
Post by: cp8759 on June 16, 2023, 06:07:48 pm

Draft reps:

---

Dear London Borough of Lambeth,

the penalty charge notice issued in this instance gives both the 28 day and 14 day payment periods as starting from the date of service of the notice, but under the applicable legislation these periods run from the date of the notice, not the date of service.

This is a material departure from the requirements of the statutory scheme, as a result of which the PCN may not be enforced.

Yours faithfully,

---

To answer hcandersen's previous question, this ground has never been rejected in respect of Barking & Dagenham, which only had the wrong 14 day period. Lambeth has messed up both the 14 & 28 day periods, so it's a very safe bet.

Title: PCN LJ25310332 Lambeth 37j Salter`s Hill (moving Traffic)
Post by: zincy on June 16, 2023, 10:59:55 am

Hey All,

Hope you are all doing well.

I got this PCN, to my utter disbelief, today and wanted your advice, please.
The PCN is here
https://drive.google.com/file/d/1m5BfpbvdEGxG5Wmfn7wrS8ThnzTCjB_t/view

After e-mailing the council, they have sent me video footage which I also attach below:
https://drive.google.com/file/d/1m53H76m_uKFMZ1p2CRksOD5FofldoL4U/view


My vehicle is they grey MG, I honestly had no idea that this was a give way to oncoming vehicles junction. Also what is interesting is when the Camera operator zooms into the sign itself, there is some foliage covering it but also - the round plate of the sign seems it is turned so it faced the road rather than the direction of traffic?


Any help or advice would be welcome.

Thanks!