Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: EmmaP on October 02, 2024, 12:34:27 pm
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Thank you so much. Appeal submitted, I'll ley you know the outcome
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@EmmaP: Draft
Online: There was no breach of the bus lane order / regulation
Reasons:
1. The description Mitcham Lane is too vague to satisfy the grounds of any contravention.
2. The photographic evidence supplied online is so poor that I cannot read the times on the 959 sign even when I enlarge the image.
3. The video does not show any 958 warning sign allegedly passed.
4. The evidence shows the vehicle only in terms of an alleged de minimis situation.
5. I put you to strict proof that the camera used at the location - wherever it is - has the necessary approval from the Secretary of State to satisfy the criterion of admissibility of evidence at the Tribunal. If you cannot supply such proof, then the contravention cannot be proved.
In light of the above, I request cancellation of the PCN
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Sp there is a procedural impropriety with the PCN online section where it says 14 October deadline for the discounted amount. Is that the basis for a challenge?
There is no procedural impropriety in this legislation - rather, we would make a challenge in terms of a collateral challenge. This is for the Fifth Set in the game. The last Lambeth bus lane case I won they did not attend so the game was over. 7 PCNs actually. I am just looking at the video and will get back with a draft challenge.
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Sp there is a procedural impropriety with the PCN online section where it says 14 October deadline for the discounted amount. Is that the basis for a challenge?
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Penalty Charge Notice details
Ticket Reference LJ29422950
Your PCN is at discount stage. PCN process information
Vehicle Registration Number LF65DYV
Colour RED
Make SUZUKI
Contravention34j - Being in a bus lane (camera enforcement)
Location Mitcham Lane
First seen at Mon, 16 Sep 2024 7:31
Issued at Mon, 16 Sep 2024 7:31
Served by Post
The amount outstanding on the Charge Notice will increase to £130.00 on Mon, 14 Oct 2024. Please pay £65.00 now.
****
Please take a screenshot of the above. Where they get 14th October from I do not know. Also, this is a threat as it is telling you to cough up even before they have considered a challenge. In this legislation they are not obliged to do so but all London councils do.
The law:
https://www.legislation.gov.uk/ukla/1996/9/section/4/enacted
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;
(c)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;
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Date of contravention 16/09/2024 at 07.31, Location: Mitcham Lane (going towards the Traffic lights to get onto Streatham High Road) Date of PCN 25/09/2024
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16 Sept at 7:31am.
Vague location.
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LF65 DYV
LJ29422950
Thanks. What is the date of the PCN?
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LF65 DYV
LJ29422950
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@EmmaP Just give us the PCN and VRM details please.
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I've rescanned covering my address
https://drive.google.com/file/d/1nWuFI0bLCk2lA-MFMULPRtqQ-tiIWFgd/view?usp=drive_link
now says
No preview available.
File is in owner's trash.
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I've rescanned covering my address
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No hope on contravention - would have to be another issue.
Vague location - just says Mitcham Lane. It's a long road. Whereabouts?
(https://i.imgur.com/x8LTd17.gif)
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For some reason, your address comes up in clear and is then covered with scribble.
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 try using imgur or ibb.co.uk (they both let you put the images directly into your post by copying the BBCodes) and repost with your name & address properly redacted.
The video is the evidence in moving traffic offences - you need to obtain it and post it here.
There are problems with Lambeth enforcement at the moment - wait for the expert on these, @Hippocrates, to comment here.
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HI,
Not sure there is anything that can be done about this, I was going to be turning left and moved over too soon...
Any ideas
https://drive.google.com/file/d/1nWuFI0bLCk2lA-MFMULPRtqQ-tiIWFgd/view?usp=drive_link
TIA