Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sbarclay19 on September 29, 2024, 10:20:49 am
-
@spumphrey
Forum rule: one case per thread, or things get confusing very quickly.
Please to have a read of
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/
and start your own thread with an introductory post giving a brief account of the circumstances (by all means reference this thread with a link),
all sides of the PCN (only redact yr name & address,
any Council photos/video.
and a GSV link to the location
-
That is great news - well done! @sbarclay19 and @Hippocrates
I’ve actually got exactly the same, I received my PCN yesterday. Same place and reason - passenger got into the car taking about 5 or 6 seconds and then carried on.
Would it be feasible to present exactly the same argument you have and with reference to the successful appeal as a precedent, as a way to challenge it? Would you mind sending me any pertinent wording or arguments you used?
I take it the reduced £55 is maintained if I challenge it rapidly, so nothing to lose?
I notice as well as the bleached sign which is now white rather than yellow there is no mandatory clear way ‘no stopping’ blue circle with red outline and cross, present at all. Also, the clearway thick yellow line on the road is significantly incomplete at that location due to resurfacing and the road markings are very worn.
Thank you for any advice and help you can provide!
-
Outcome (https://drive.google.com/file/d/1qexr8OS0A75Tlc1XX_Oz_4UdhyYJQjLB/view).
-
Video to follow. That sign suffers from sunstroke. ;D My absolute pleasure as ever. FOIR to follow as to how much this unenforceable sign has made over the years. cp will no doubt put the outcome here soon.
-
WE WIN!!! :D Huge thanks to Hippocrates for support well beyond the call of duty on this!
-
;D 2240565297 No certificate etc.
-
Sorry for the delay.
1. Failure to consider: good odds.
2. Website now changed as APCOA have taken over. Odds: 50/50 plus since it still includes wholly irrelevant grounds.
My balanced advice e mailed just now. If this were mine, I would defend the pass!
PCN issued under the TMA. Rejection issued under the Moving Traffic Act. ::)
-
Sorry for the delay.
1. Failure to consider: good odds.
2. Website now changed as APCOA have taken over. Odds: 50/50 plus since it still includes wholly irrelevant grounds.
My balanced advice e mailed just now. If this were mine, I would defend the pass!
-
I will get back later. PM sent.
-
Tribunal time.
"crdeibility"
I really must check my spelling before I post !
-
Tribunal time.
-
A far as I can see, the only appeal with any crdeibility is that of Hippocrates. This is a collateral challenge based on their representations pages on their website not showing correct information, thus misleading an appellant. So wait for "Hippo" to comment, but don't miss the deadline if you're minded to pay.
-
Appeal has been rejected:
https://imgur.com/a/GAzHXCT
Frustratingly, but not unexpectedly, they don't address several of the points raised in the appeal.
I know there's no guarantee, but is there a reasonable chance of winning at tribunal? And if so, what should I do next?
Thanks in advance!
-
Many thanks, I'll fire that in now.
-
I see no page with the statutory grounds.
However:
Go online; skip chatbox; do not choose a reason and go to the next page
I make these formal repsrenatations against the PCN..................
1. There are several bus stops on Victoria Road. Therefore, the locus as given on the PCN is inexact.
2. There is no upright signage in the evidence shown.
3. Yours website does not show any statutory grounds, only those which can be only described as mitigation. The YTribunal has already found your website to be failing in this regard.
4. I put you to strict proof that the camera at this location has the correct approval certificate from the VCA. If it does not, then the evidence is inadmissible.
In light of the above, please cancel the PCN.
******
Take screenshots. Also of this which in my view is prejudicial:
Picking up/dropping off passenger
We don't usually cancel Penalty Charges for this reason.
Although there are situations where you are allowed to stop to pick up or drop off a passenger, the place where you stopped does not allow this. This is because it is a place where it is especially important for traffic to flow freely and safely.
Select this reason to use it in your challenge
-
I know it. But does the driver? We need to see the PCN please.
Both PCN pages uploaded here:
https://imgur.com/a/ma6tEQe
Cheers.
-
I know it. But does the driver? We need to see the PCN please.
Website:
Click your reason or search for it below
Picking up/dropping off passenger
Was stationary, not parked
Vehicle broke down
Was loading/unloading
Nowhere to park
Search all reasons – use keyword(s) such as pay and display
*******
This is useless information. When I see the PCN I will enter the correct statutory grounds and check the results. Do not pay it. Also, RBK are removing their chatbox from October 1st. Off to Surbiton now.
-
Oh, and location is simply given as "VICTORIA ROAD" with the time and date.
-
Hi, thanks. PCN is QT09758337
VRM: DV73 KVJ
Alternative link to download the sign, if helpful: https://w-si.link/amyZ2EVbnG4rhJhBX
-
I cannot open the file but do know the location. Does the PCN state exactly which bus stop? Please give me the PCN and VRM details to check their website. This has serious issues at present.
-
Was about to pay a 47J (Stopped on a restricted bust stop or stand) - I honestly didn't know someone couldn't get out of the car even when there's nothing around.
But here's an interesting one. There are CCTV signs up. But on the bus stop itself, the clearway sign is so bleached from the sun that it's almost white, not yellow, and the red and blue "no stopping" sign is completely gone.
Is this a decent grounds to appeal?
https://imgur.com/a/lb36FBk
Cheers!