Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: MrChips on September 13, 2024, 06:54:18 pm

Title: Re: Havering - Box Junction 31J
Post by: Hippocrates on September 14, 2024, 01:00:38 pm

Would you like me to help your friend? The process must be followed and I won a YBJ case two weeks ago because of their website. I said to the Adjudicator: you cannot park  a car in a YBJ!  2240327073

https://drive.google.com/file/d/17iJ5DUlgIK8w2hnj4GPadoaqvRq4CVcN/view

Title: Re: Havering - Box Junction 31J
Post by: MrChips on September 14, 2024, 10:47:06 am

Docs below

(https://i.imgur.com/kL0Xv1X.jpeg)

(https://i.imgur.com/xFeMCD8.jpeg)

(https://i.imgur.com/ZmMVnlA.jpeg)

(https://i.imgur.com/FlrfWZC.jpeg)

(https://i.imgur.com/bdmrl7w.jpeg)

Title: Re: Havering - Box Junction 31J
Post by: Hippocrates on September 13, 2024, 08:36:26 pm

And their website is rubbish.

Title: Re: Havering - Box Junction 31J
Post by: Pastmybest on September 13, 2024, 07:10:05 pm

Once the stat dec is done and accepted the PCN must be re issued then a representation and subsequent appeal can be made on the basis of the Davis key case

https://www.londontribunals.gov.uk/sites/default/files/keycases/Davis41.pdf

Title: Havering - Box Junction 31J
Post by: MrChips on September 13, 2024, 06:54:18 pm

I've been contacted by someone who has recently received an Order for Recovery from Havering.  Charge certificate was received over a year ago but original PCN was never received.

Chronology:

- 7 July 2023 alleged offence
- 24 July 2023 PCN issued (not received)
- 25 August 2023 Charge certificate issued
- 30 August 2023 Letter sent to Havering saying PCN not received and asking for evidence and/or to settle at £65
- 10 April 2024 response from Havering to 30 August 2023 letter offering settlement at £65 (if paid within 14 days)
- April 2024 Letter sent to Havering querying delay and again seeking evidence
- 6 September 2024 Order for Recovery (at amount of £75 - penalty seems to now be hard coded at £65, with £10 court registration fee added)

Individual says they are in the process of getting the statutory declaration completed (and witnessed).

Link to video:

https://www.youtube.com/watch?v=XhWYiRVOHBQ

The video seems to show a pretty textbook contravention to me (car is EN64 XSP in the right hand lane).

I'll try post copies of documents later tonight but if anyone can see any possible avenues on basis of the above do let me know.