Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ghostivv on October 18, 2024, 10:28:36 am
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As always, my absolute pleasure. :)
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Many many thanks for Hippocrates for all the trouble and helping with the case. I was outside of UK for whole of Nov and was busy catching up with life early Dec so was unable to communicate on time so my big apologies :-* .
Once again, A Very Big Thank You!
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I note that the Appellant would have had to pay for Mr Morgan to represent him on another occasion, should I have adjourned.
???
This Musketeer doesn't charge save for rail fare. And I said so subsequently (yesterday). Neither did I ask for costs or even hinted as much save for mentioning the other case won in July. And they did not provide a witness statement at all. Lastly, they even queried my authorisation.
Very finally, their evidence was actually served on the 17th as they sent it on the 12th.
Oh well, it's Mince Pie time soon.
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Outcome (https://drive.google.com/file/d/1t5VYbSME_cwWjqoKEYXaZV8xtr2dkMdC/view).
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;D
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Still not received.
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Evidence sent on 12th December. Hearing is 18th. A Christmas gift if anyone says the appeal will be lost. ;D OP yet to receive of course.
Para.7(6) rules OK.
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
Clearly, the parking manager at Greenwich should be considered for the next Doctor Who.
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The game is on.
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I have replied. Looking forward to an email.
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sure. Very much appreciate your help.
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And you would do best for one of us to represent you i.e. me in this case. PM if you want to take me up on my offer.
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Never, ever, go for a postal decision
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Received the Notice of Rejection. The form looks straight forward but not sure between personal or postal hearing type. Also Do we need to put the same full arguments on the appeal details>
Thanks
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Thanks. Will post back once got the reply.
That's the one.
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Thanks. Will post back once got the reply.
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Dear Greenwich
1. Your evidence does not show any upright signs passed: neither a 958 nor 959.
2. I put you to strict proof that the camera used to captured the alleged contravention satisfies the criterion of admissibility of evidence at the Tribunal.
In light of the above, please cancel the EN and PCN.
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OK, please hang on a minute. I won a case against Greenwich and costs a few months ago. Each case is decided on its own merits. I will draft a formal representation later today. And based on your case.
They must attend any hearing. They did not in the case I mentioned and they failed to understand the law.
2240260143
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Replies to FOI:
(https://i.ibb.co/ZXJ9ST1/FOI-2459-Redacted.jpg)
(https://i.ibb.co/SJb5jYS/Bus-Lane-VCA-Certificate-Redacted.jpg)
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Still looking for the informal letter that was sent but initial draft looks like this:
the alleged contravention did not occur. I have reviewed the evidence and it does not show my vehicle in a bus lane in the vicinity of Maryon Park. the footage appears to be of approaching Stone Lake Roundabout which is approx. half mile from the alleged location.
I have requested FOI for the make and model of the CCTV used to enforce this location. I would like to refer you to case no 2230405862 decided on 26th Oct 2023 where the adjudicator allowed the appeal based on the fact that the CCTV used by Greenwich Council to enforce bus lane PCN was found to be not of the prescribed device as is a requirement under paragraph 7 (2) of Schedule 1 of London Local Authorities Act 1996.
If you wish to continue pursuit of this PCN, please also attach the relevant certificate for the CCTV used to enforce contravention at this location showing approval by the Secretary of the State. It will be a waste of Council's time and taxpayer's money if the council is to pursue this PCN in full knowledge if CCTV used is not of approved type. It was not my intention to use the bus lane to beat the traffic and rather it was a manuevere taken too early to safely use the intended lane.
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Apologies. There is a Rejection letter and on back page clearly states that the Enforcement Notice will be sent if not paid within 28 days.
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London bus lanes have a two state process like windscreen parking PCNs.
The rejection either went missing in the post or they didn't issue one.
You can now make formal reps which will probably be the same as initially plus saying you got no rejection.
We can advise more if we see the PCN and your challenge.
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The Original PCN is dated 15th Aug for the contravention being in bus lane at Woolwich RD SW BOUND MARYON PARK (14733) on 7th Aug. I did a forum search here and register in London Tribunal. Found one where appeal was allowed (https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1586841,2966776,60,APPEAL&cs=3Qv05Z1TZw-IIjk9tkzIERkrFBbegTF50imxDnWPAgksXtgZYnUMTngWW6RyhB6M4hhP8lGtNOIgb4oEmKgictQ) due to definition of approved devices. Informal appeal was put on through council's website. In the meantime I asked to put on FOI for the type of CCTV used at the location. A letter headed as "Enforcement Notice" dated 11th Oct 2024 is received demanding full £130 stating this is in regards to the previously issued PCN.
1) Contravention date 7th Aug for being in bus lane at Woolwich Road SW Bound Maryon Park
2) PCN dated 15th Aug received by post
3) Informal appeal lodged via council's website
4) Rejection Letter dated 4th Sep received. Rejection Letter (https://ibb.co/n8dwR5y)
4) A Letter "Enforcement Notice" dated 11th Oct received. Enforcement Notice (https://ibb.co/zxFzh38)
Not sure if the process has been changed but thought it should have been a Notice of Rejection after the informal appeal? As for the current situation, do we need to wait for the NOR and relevant forms?
Ediit: I don't have the copies of the PCN and other documents at the moment. I've asked to forward the scanned ones as the ones sent via phone are of very poor quality.
Edit1: Rejection and Enforcement Notice attached.
(https://i.ibb.co/y8swM46/GB-Bus-Lane.jpg)